The WIPO Broadcasting Treaty: A Draft Forever?

The WIPO Broadcasting Treaty: A Draft Forever?

In: Thouvenin, F., Peukert, A., Jaeger, T., Geiger, C. (eds) Kreation Innovation Märkte - Creation Innovation Markets, Springer, 2024, pp: 315–333, ISBN: 978-3-662-68598-3

Abstract

Since 1998, the WIPO Standing Committee on Copyright and Related Rights has been discussing a possible Treaty on the Protection of Broadcasting Organizations. The draft treaty would offer international protection to broadcasting organizations against the unauthorized retransmission of their broadcasts and related uses. Despite many years of discussion, stern opposition, countless redrafts and political setbacks, the controversial treaty project has never been abandoned. A Second Revised Draft Text, which was published in 2023, is now on the Committee’s agenda. This chapter critically discusses the history, rationales, and substantive content of the draft WIPO Broadcasting Treaty.

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Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again external link

Hugenholtz, P.B.

2022

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The WIPO Broadcasting Treaty. A Conceptual Conundrum external link

Hugenholtz, P.B.

European Intellectual Property Review, vol. 2019, num: 4, pp: 199-202, 2019

Abstract

The Broadcasting Treaty that has been discussed at WIPO for over twenty years, seems to be reaching a dead end. The Treaty that aims at extending the legal protection of broadcasters to the digital realm, suffers from three serious flaws: one economic, one conceptual and one pragmatic. Due to the decreasing technical costs of broadcasting, the economic case for granting special rights to broadcasters is weakening. Moreover, properly defining the act of ‘broadcasting’ that would give rise to legal protection, is highly problematic. Finally, no real and urgent need for a new right seems to exist, in light of current legal regimes that broadcasters already rely on under national law. Perhaps the time has come to abandon work on the WIPO Broadcasting Treaty, and move on.

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TY  - JOUR
AU  - Hugenholtz, P.B.
PY  - 0404
DA  - 2019-04-04
T1  - The WIPO Broadcasting Treaty. A Conceptual Conundrum
JO  - European Intellectual Property Review
VL  - 2019
NV  - 4
SP  - 199-202
UR  - https://www.ivir.nl/publicaties/download/EIPR_2019_4.pdf
AB  - The Broadcasting Treaty that has been discussed at WIPO for over twenty years, seems to be reaching a dead end. The Treaty that aims at extending the legal protection of broadcasters to the digital realm, suffers from three serious flaws: one economic, one conceptual and one pragmatic. Due to the decreasing technical costs of broadcasting, the economic case for granting special rights to broadcasters is weakening. Moreover, properly defining the act of ‘broadcasting’ that would give rise to legal protection, is highly problematic. Finally, no real and urgent need for a new right seems to exist, in light of current legal regimes that broadcasters already rely on under national law. Perhaps the time has come to abandon work on the WIPO Broadcasting Treaty, and move on.
K1  - Auteursrecht
K1  - frontpage
K1  - WIPO
K1  - WIPO broadcasting treaty
ER  -

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Article{Hugenholtz2019c,
	title = {The WIPO Broadcasting Treaty. A Conceptual Conundrum},
	author = {Hugenholtz, P.B.},
	year = {0404},
	date = {2019-04-04},
	journal = {European Intellectual Property Review},
	volume = {2019},
	number = {4},
	pages = {199-202},
	abstract = {The Broadcasting Treaty that has been discussed at WIPO for over twenty years, seems to be reaching a dead end. The Treaty that aims at extending the legal protection of broadcasters to the digital realm, suffers from three serious flaws: one economic, one conceptual and one pragmatic. Due to the decreasing technical costs of broadcasting, the economic case for granting special rights to broadcasters is weakening. Moreover, properly defining the act of ‘broadcasting’ that would give rise to legal protection, is highly problematic. Finally, no real and urgent need for a new right seems to exist, in light of current legal regimes that broadcasters already rely on under national law. Perhaps the time has come to abandon work on the WIPO Broadcasting Treaty, and move on.},
	keywords = {Auteursrecht, frontpage, WIPO, WIPO broadcasting treaty},
}

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Keyword: WIPO broadcasting treaty