DATE: August 30, 1996
prepared by the Chairman of the Committees of Experts
on a Possible Protocol to the Berne Convention
and on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms
6.01 Paragraph (1) of Article 6 includes an obligation to abolish non-voluntary licences for primary broadcasting within three years of ratifying or acceding to the proposed Treaty. Broadcasting may be either terrestrial or by satellite. The obligation does not extend to communication to the public by wire or to rebroadcasting in the sense of Article 11bis(1)(ii). The possibility of making so-called "minor reservations" is discussed in the Notes on Article 12 concerning limitations and exceptions.
6.02 Paragraph (1) comprises a converging of the main parts of the proposals made by Argentina, Australia, Canada, the European Community and its Member States, the Republic of Korea, the United States of America, Uruguay, and the group of countries of Latin America and the Caribbean.
6.03 No exceptions or conditions concerning the existence or operation of organizations for the collective management of rights has been included in the provision. In all circumstances, the establishment of collective management of rights is a matter which deserves encouragement wherever rights management organizations do not exist.
6.04 Paragraph (2) contains an obligation to abolish, within three years of ratifying or acceding to the proposed Treaty, non-voluntary licences provided for in Article 13 of the Berne Convention. The proposal combines the proposals made by Argentina, Canada, the European Community and its Member States, the Republic of Korea, Uruguay, and the group of countries of Latin America and the Caribbean.
6.05 The People's Republic of China and the group of African countries expressed disagreement with the abolition proposed to eliminate non-voluntary licences in both cases. The African group stated that if elimination becomes necessary a phasing out period of between 10 - 15 years would rather be suggested.
[End of Notes on Article 6]
Abolition of Certain Non-Voluntary Licenses
(1) Within three years of ratifying or acceding to this Treaty, Contracting Parties shall no longer provide for non-voluntary licenses under Article 11bis(2) of the Berne Convention in respect of the broadcasting of a work.
(2) Within three years of ratifying or acceding to this Treaty, Contracting Parties shall no longer apply the provisions of Article 13 of the Berne Convention.
[End of Article 6]