The WIPO Broadcasting Treaty
For over two decades, WIPO has been negotiating a treaty that could fundamentally change how broadcast content is controlled online. Here is everything you need to know.
What Is the Broadcasting Treaty?
The WIPO Broadcasting Treaty is a proposed international agreement that would grant broadcasting organizations new intellectual property rights over their broadcasts. Unlike copyright, which protects the creative works themselves, these would be "neighboring rights" that protect the act of broadcasting.
This means broadcasters could gain legal control over content they transmit, even if they did not create that content. A broadcaster airing a public domain film, for example, could potentially restrict others from recording or retransmitting that broadcast, effectively privatizing works that belong to everyone.
The treaty has been under negotiation at WIPO's Standing Committee on Copyright and Related Rights (SCCR) since 1998, making it one of the longest-running treaty negotiations in WIPO's history.
Current Status
As of recent SCCR sessions, member states continue to debate several fundamental questions about the treaty's scope and application. Key unresolved issues include:
- Whether the treaty should cover only traditional over-the-air broadcasts or also internet transmissions
- The extent of rights granted: exclusive rights vs. right to prohibit specific unauthorized acts
- The duration of protection (proposals range from 20 to 50 years)
- Treatment of pre-broadcast signals
- Mandatory provisions for limitations and exceptions
- Technological neutrality and its implications
Key Concerns
Digital rights organizations and civil society groups have raised serious concerns about the treaty's potential impact.
Double Layer of Rights
The treaty would create a new layer of rights on top of existing copyright. Content creators already have copyright protection. Adding broadcasting rights means users need permission from both the copyright holder AND the broadcaster to use content, even when copyright has expired.
Public Domain Enclosure
When a broadcaster transmits public domain content, the broadcast itself could gain protection. This effectively re-privatizes works that belong to the public, undermining centuries of copyright law designed to eventually return works to common use.
Chilling Effect on Innovation
New entrants to the media market would face additional legal hurdles. Startups building new ways to deliver content could run afoul of broadcasting rights, even when they have proper copyright licenses. This favors established media companies.
Threat to Fair Use
Existing copyright exceptions like fair use, fair dealing, and educational exemptions may not automatically apply to broadcasting rights. Unless the treaty mandates strong limitations and exceptions, users could lose freedoms they currently enjoy.
Internet Scope Creep
Despite the 2007 mandate to focus on traditional broadcasting, there is persistent pressure to expand the treaty to cover internet transmissions. This could give traditional broadcasters unprecedented control over online content distribution.
Anti-Circumvention Provisions
The treaty could require countries to ban circumventing technological protection measures on broadcasts, even for lawful purposes. This mirrors some of the most criticized aspects of the DMCA and similar laws worldwide.
Treaty Timeline
A detailed history of the WIPO Broadcasting Treaty negotiations from inception to present.
SCCR Begins Broadcasting Discussions
WIPO's Standing Committee on Copyright and Related Rights (SCCR) starts exploring updates to the 1961 Rome Convention's broadcasting protections for the digital era.
Broad Initial Proposals
Early proposals suggest granting broadcasters exclusive rights over fixation, reproduction, retransmission, and making available their broadcasts, including extending coverage to webcasting.
Webcasting Controversy Erupts
Proposals to include webcasting and simulcasting within the treaty's scope trigger strong opposition from civil society, tech companies, and developing nations.
EFF and Civil Society Campaign
The Electronic Frontier Foundation, along with Creative Commons, Knowledge Ecology International, and other organizations, launch coordinated campaigns to limit the treaty's scope.
General Assembly Narrows Scope
The WIPO General Assembly mandates that the treaty focus only on traditional broadcasting in the 'traditional sense' and adopt a signal-based approach.
Signal-Based Approach Takes Shape
Negotiators develop proposals that focus on protecting the broadcast signal itself, rather than granting broadcasters content-level rights. However, disagreements persist.
Revised Draft Treaty Text
A revised chairman's text attempts to bridge differences between delegations, but fundamental disagreements remain about scope and the treatment of internet transmissions.
Push for Diplomatic Conference
Several member states push for a diplomatic conference to finalize the treaty, but lack of consensus on key issues prevents setting a date.
Renewed Negotiations
After pandemic delays, SCCR sessions resume with informal consultations. Debates continue about deferred retransmission, technological neutrality, and term of protection.
Ongoing Debate
Negotiations remain active. Civil society continues to advocate for strong limitations and exceptions, while some delegations push for broader protections.
How It Affects Internet Users
If you use the internet to watch videos, listen to music, access news, or share content, the WIPO Broadcasting Treaty could affect you. Here are some concrete scenarios:
Recording and Time-Shifting
Currently, many countries allow you to record broadcasts for personal use. New broadcasting rights could make personal recording illegal unless specifically exempted, even if you have the right to access the underlying content.
Sharing and Commentary
Bloggers, journalists, and commentators who use broadcast clips for criticism, commentary, or news reporting could face additional legal risks if broadcasting rights do not include robust fair use protections.
Education and Research
Educators who use broadcast materials in classrooms and researchers who study media could face new restrictions. Libraries and archives could be limited in their ability to preserve broadcast content for future generations.
Accessing Public Domain Works
A Shakespeare play, a Beethoven symphony, or a historical documentary in the public domain could be effectively locked up when broadcast. You might have the right to the work itself but not to the particular broadcast of it.
Stay Informed on Treaty Developments
The Broadcasting Treaty negotiations are ongoing. Your awareness and engagement can help ensure that the final treaty respects digital rights and internet freedom.