SCCR 31: KEI on inclusion of cablecasters and the making available rights

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KEI has the floor.
>> KEI: Thank you Mr. Chairman. KEI would be as concerned as anyone of piracy, of content that's provided over cable systems. I think, however, it will be interesting for the association of broadcasters, the APP, if they could explain if in any of the countries where they have problems with people stealing cable signals if it's actually not already against the law to do that.
So I mean, part of the problem here is people will mention some problem involving piracy which is already subject to criminal sanctions and fines, and in some cases jailtime in countries where they occur, and then use that as a rationale to create a new layer of rights for distributors at the expense of content owners.
And for them to actually make the argument more persuasive in the context of cable systems, I think they should explain are there any gaps in the local protection that they already have that affect cable systems. In other words in any other Member States countries is it actually legal to retransmit, broadcast their distributor over cable systems without the permission of the right owners or the cable operators?
>> CHAIR: Well, thank you very much for that additional question. We could -- instead of pointing out one specific NGO, we could use that question as an open question, if the legal system might tackle the problem of piracy through other means, and -- and the need or the specific need to have this additional level of protection. It's something that has been discussed previously, but since the questions are still around, it would be good to emphasize the answers that have been made before.
ARIPI has the floor.
>> ARIPI: Being really concrete to the question raised by KEI, the problem is that foreign cablecasters don't have a standing to sue according to domestic legislation. So that's why we are here pushing for having an international treaty.
Thank you.
>> CHAIR: Okay. I think that this exchange was good and we could continue to listen to other NGOs if they have some comments regarding the topic of cablecasting. We still open the floor.
I see none. So in consequence, I invite the delegations to make some comments regarding the question posted by the Distinguished Delegate from Brazil, regarding the Chair's note related to the making available situation, and its effects.
And if you have any comment on it, they will be welcome.
I see no comments from the delegates here, so in consequence, I open the floor to NGOs to answer the questions posted by the Distinguished Delegate from Brazil. Probably you can help us in order to take into account your opinions. Just to remind you that the questions were regarding the Chair's note and the inclusion of the making available situation.
KEI has the floor.
>> KEI: The making available right is something that we would associate with content and if the treaty is supposed to be not about the rights and the content, then it is inappropriate to have a making available right in this treaty.
>> CHAIR: Okay. Thanks for that money, KEI. And do we have any other comment coming from the NGOs or the broadcasters represented here?
EBU has the floor.
>> EBU: Yes, thank you, Mr. Chairman. Maybe come back shortly on the point of the cablecast organizations. Maybe we have to recall how this all -- this debate started. Of course, we started off with broadcasting organizations and then it was recognized that also on cable networks the entities responsible for distribution also produced and distribute their own programming and that is why it was agreed or let's say there was consensus to include that particular activity as well. -- so the start of this discussion was to say broadcasting organizations and cable operators who act and behave as broadcast organizations in the same manner.
That may be a way out for possible options on the drafting.
On the question of the inclusion of the making available and content, I don't think that's -- the making available right is necessarily linked with content because in the EU broadcast organizations already have, for 15 years, the making available right. Thank you.

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