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Re: Broadcast Flag Treaty-WIPO again

The 1976 copyright law specifically allows libraries and archived to tape
news broadcasts, migrate them to other storage media, and make and loan an
limited number of copies for research and study. The Vanderbilt
Television News Archive has been operating under this clause since 1968.
But what the Broadcast Flag Treaty does to this clause is certainly a
question we would like to have answered.

Paul Gherman

--On Sunday, June 20, 2004 11:01 PM -0400 Liblicense-L Listowner <liblicen@pantheon.yale.edu> wrote:

Date: Sat, 19 Jun 2004 23:37:23 EDT
From: cah@carolina.rr.com
Subject: Broadcast Flag Treaty-WIPO again

If CBS broadcasts the president's state of the Union, even though
there's no copyright involved, a new WIPO proposed TREATY will
make it illegal to capture or "fix" the broadcast by anyone but
the (non-copyright holding) broadcaster. bye bye TIVO and VCRs?
The US wants for some reason, webcasts included.  Sort of the
DMCA for broadcasters (makes it illegal etc. to remove a
"broadcast flag" that prohibits "fixing" the broadcast by the
rest of the world-except the broadcaster non-copyright owner.
Period of time is 50 years counted from the year an item is
broadcast At least , thats what it looks like to me and some
others who have commented on it. Take a look at Ernest Miller's
post on CORANTE:


Article 8-right of fixation "Broadcasting organizations shall
enjoy the exclusive right of authorizing the fixation of their

I guess that means that even if you taped the first Johnny Carson
broadcasts and the network destroyed them, YOU would be
illegal....what a strange strange way to ensure the destruction
of any record of our shared cultural experiences., our cultural
memory.OH, yes, it would be illegal to circumvent a broadcast
flag...even if its--well just repeat after me DMCA!! And if you
own it, as we know, you can change it...Orwell well where are

Does anyone know if archival taping/recording, is permitted?
probaby not, since off air taping is generally ONLY for time
shifting..but that could easily be prohibited by the new
non-copyright owner. I wonder how many new rights are waiting in
the wings to protect other "organizations" while sounding the
death knell to individual's rights to keep a record of their
world-and maybe just maybe pass it on to future generations. One
of the few areas I know something about off-air taping is in
radio broadcasts from the early days of commercial radio. If
amateurs hadn't taped them, many wouldn't be around today. We
know what happened to Johnny Carson's early TV broadcasts. ..

Chuck Hamaker