As the representative body of composers, songwriters, music publishers and their collecting societies in the UK, British Music Rights is a staunch supporter of cultural diversity. During the Parliamentary progress of the Communications Bill in 2003, we argued strongly for the endorsement of cultural diversity under the heading "localness of music," a vital factor in (local) commercial radio. An NOP opinion poll conducted last year found that 68% of 15- to 24-year-olds want to hear a wider variety of music played on general radio stations, and some 72% of people would support measures to encourage local radio stations to cover local music (see note 1).

Whilst we unequivocally support the concept of cultural diversity as a tool to promote and stimulate local cultural industries in developed as well as in developing countries, we are concerned that the term "cultural diversity" has become synonymous with cultural protectionism.

We believe that cultural diversity is best promoted both by supporting the creative sector at home and by facilitating trade abroad by ensuring that international standards of IP protection are met and that market access barriers are removed. We believe that both objectives can be achieved within the existing WTO framework and we seek clarification in terms of what a UNESCO Treaty would add to the existing regime.

Accurate and precise drafting of the Convention

The vagueness of the current text leaves room for wide interpretation in a way beyond the original intention of UNESCO. Accurate and precise drafting is key in a Convention given the potentially very wide impact on trade and culture given that these are areas which are already addressed by other international organisations such as the WTO (TRIPS; Doha round; etc) and WIPO (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty of 1996, the so called Internet Treaties).

Our specific comments relate to:

Clarity of the relationship with existing international agreements
Difference between freedom of access and free access
Importance of Intellectual Property rights for creativity in developed and developing countries
Public awareness and education

I. Relationship with other, existing international agreements

UNESCO acknowledges that the new Treaty must have clear boundaries in relation to existing international agreements. We suggest that the new Treaty should be expressly without prejudice to other existing international agreements including, without limitation, the TRIPS Agreement and the WIPO Internet treaties of 1996.

II. Difference between political freedom of access and economic free access

Whilst we fully support the important human right of freedom of thought, expression and information, as mentioned in several sections of the draft, we stress the difference between the political freedom to access information and to express thoughts and the economic request for free access. The former establishes an essential human right for everyone including creators and artists, whilst the latter will only provide a pretext for some people to evade the payment of reasonable licence fees for access and use of someone else's material. It should be clarified that the text refers to the political freedom alone.

III. Intellectual Property and developing countries

We welcome the acknowledgement of the importance of Intellectual Property for creativity since:

- Without adequate protection of their Intellectual Property rights, composers will not be able to make a living out of their creativity

- Without the ability to recoup their considerable investment, music publishers will not be able to invest in new talent at the current level

An effective copyright framework is as essential for developing countries as it is for developed countries in providing the basis for the growth of their domestic cultural industries and in attracting foreign investment. Creative industries are strong drivers of the economy in a number of developing countries including Nigeria, India, Uruguay, Brazil, Senegal and Jamaica. The development of local markets is crucial for the development of local cultural economies. In the long term, only a vibrant and independent local economy will enable developing countries to thrive. A genuine local market however will only develop if there is sufficient incentive for companies to invest in local enterprise. Adequate protection of the interests of right holders is therefore an indispensable requirement.

A WIPO document published in December 2002 (see note 2) examined the significance of Intellectual Property for developing countries in the digital environment in great detail (see. Chapter V): It outlines the potential importance of IP to overcome disparities; it also provides figures demonstrating the economic and cultural significance of IP for developing countries. In the long term intellectual property will provide a useful means of narrowing the so-called digital divide between developed and developing countries. National policies and legal systems that include up-to-date intellectual property laws can support foreign and local investment and encourage the creation of local content that enables the population to derive economic as well as social benefits from their creative endeavours.

Right holders in developed countries provide assistance in developing an efficient IP framework for their colleagues in developing countries if and as required, for instance through the international Confederation of societies for authors and composers, CISAC (see note 3).

IV. Public awareness and education

We are pleased to note the obligations in Article 10 of public awareness and education. British Music Rights is a member of the European Music Copyright Alliance (EMCA) which is currently rolling out an educational initiative, targeting students from primary to middle schools across Europe. It aims to help young people to understand what intellectual property is, why it is important and how it can help to promote future artistic creativity across Europe and all over the world.

As the UK partner, British Music Rights has developed a teaching pack, in conjunction with a respected UK educational agency, which it launched in November 2004 under the 'Respect the Value of Music' banner.

As part of the British Copyright Council (BCC), we are involved in an annual WIPO-BCC Training course on copyright and related rights; the exchange of information and expertise with representatives of developing countries is extremely valuable for us.

Notes

1. Please see our submissions on this issue (available on request).

2. http://www.wipo.int/copyright/ecommerce/en/ip_survey/ip_survey.html

3. www.cisac.org