E sccr/21/2 Original: English date: August , 2010 Standing Committee on Copyright and Related Rights Twenty First Session Geneva, November to 12, 2010

I. Introduction

8 The report addresses Part 3 of the study on the socioeconomic dimension of the unauthorized use of signals, including lack of access requested at the last session of the SCCR. It explores the effects of the proposed treaty on various stakeholders, within the framework of policy objectives aimed at protecting against piracy, promoting growth and competitiveness, providing public access to information and content, encouraging creativity, enhancing competition, facilitating political participation, and supporting development.

9 This study is part of a three-part study within the context of “The WIPO Treaty on the Protection of Broadcasting Organizations”¹ and the “Revised Draft Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations.”²

10 The proposed treaty is concerned with transmission and reception of live signals and subsequent uses following the transmission of signals and the grant of post-fixation rights in some instances. It is important to note that the treaty draws upon the definition of broadcasting under the Rome Convention³ and the WPPT⁴, and defines broadcasting as “the transmission by wireless means for the reception by the public of sounds or of images or of images and sounds or of the representations thereof”. This applies irrespective of whether such transmissions are terrestrial or satellite or open or encrypted signals. The treaty seeks to give protection to signals disseminated by both broadcasters and cablecasters. The definition of ‘cablecasting’ follows the definition of ‘broadcasting’, but is limited to transmission by wire. In its current form the proposed treaty does not apply to signals directly originating from and disseminated over computer networks by any entity, including broadcasters, but may do so if it is decided to encompass webcasting.

11 The study and treaty takes place within an environment in which broadcasters and cablecasters invest in creating and acquiring content, and then organize it into a broadcast or cablecast stream that is transmitted by a signal (Figure 1).