New Paper Describes the Second Revised Draft of the WIPO Broadcasting Treaty
PIJIP has published a Working Paper by University of Amsterdam Professor P. Bernt Hugenholtz. "The WIPO Broadcasting Treaty: Comments on the Second Revised Draft" provides an overview of the debate over broadcaster rights that led to the treaty negotiations. It describes justifications for the creation of a new intellectual property right for broadcasters, and it describes each provision in the text.
Abstract
From March 13 to 17, 2023, the WIPO Standing Committee will discuss, for the 43rd consecutive time, a possible Treaty on the Protection of Broadcasting Organizations. The draft treaty, which has featured high on the Committee’s agenda since its inception in 1998, would offer international protection to broadcasting organizations against unauthorized retransmission 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, published on 11 January 2023, is now on the Committee’s agenda. This paper critically discusses the history, rationales, and examines the substantive content of the current draft treaty – with a special emphasis on limitations and exceptions.