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Draft of 'Broadcast Flag' Treaty Now Available
The Importance of writes "If you liked the broadcast flag, you're going to love WIPO's proposed 'broadcast flag' treaty (PDF link). The draft treaty will give copyright-like rights to broadcasters, cablecasters and, if the US gets its way, webcasters. As a broadcaster, you wouldn't have to own the copyright in what you broadcast, but you could still stop people from recording your broadcast, reproducing it or distributing it. The treaty also includes DMCA-like protections, in case you try to circumvent the broadcast flag. The treaty is going to be discussed in Geneva, June 7-9. The draft is discussed over on Corante.com and late last year on the DMCA activists list."
I have only given the treaty a quick scan, and see no fair use provisions
Article 9
Right of Reproduction
Alternative N
Broadcasting organizations shall enjoy the exclusive right of authorizing the direct or indirect reproduction, in any manner or form, of fixations of their broadcasts.
Alternative O (1) Broadcasting organizations shall have the right to prohibit the reproduction of fixations of their broadcasts. (2) Broadcasting organizations shall enjoy the exclusive right of authorizing the reproduction of their broadcasts from fixations made pursuant to Article 14 when such reproduction would not be permitted by that Article or otherwise made without their authorization.
[End of Article 9]
Article 16
Obligations concerning Technological Measures
(1) Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by broadcasting organizations in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their broadcasts, that are not authorized or are prohibited by the broadcasting organizations concerned or permitted by law.
Alternative V
(2) In particular, effective legal remedies shall be provided against those who: (i) decrypt an encrypted program-carrying signal; (ii) receive and distribute or communicate to the public an encrypted program-carrying signal that has been decrypted without the express authorization of the broadcasting organization that emitted it; (iii) participate in the manufacture, importation, sale or any other act that makes available a device or system capable of decrypting or helping to decrypt an encrypted program-carrying signal.
Alternative W (2) [No such provision]
Article 15
Term of Protection
The term of protection to be granted to broadcasting organizations under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the broadcasting took place.
[End of Article 15]