WIPO Broadcast Treaty

Executive Summary

This newly drafted treaty gives broadcasters (not creators or copyright holders) the right to tie up the use of audiovisual material for 50 years after broadcasting it, even if the programs are in the public domain, Creative Commons licensed, or not copyrightable.

Problems and Concerns

June 21st in Barcelona, Spain: The United Nations' World Intellectual Property Organisation (WIPO) called a last-minute meeting, out of the normal diplomatic venues, to try to push through the Broadcasting Treaty, a project which has been going on for nine years. This treaty gives broadcasters (not creators or copyright holders) the right to tie up the use of audiovisual material for 50 years after broadcasting it, even if the programs are in the public domain, Creative Commons licensed, or not copyrightable.

The Broadcast Treaty is intended to do things such as prevent signal theft., i.e. someone illegally taking your TV program and retransmitting it. Some WIPO members have been trying to 'add in' the Internet to the new Treaty, and several times they have introduced podcasting (also referring to webcasting and netcasting) to their legislation.

September 11th - 13th in Geneva, Switzerland: WIPO attempts to finalise the new Broadcast Treaty. The main arguments against this extension of the Treaty into the Internet are that it gives new, wide-ranging and long-lasting rights to broadcasters over Internet content; it does not respect the Creative Commons system of content licensing which has been adapted by 49 countries and used for millions of works worldwide, including podcasts and blogs; and it threatens to impose severe restrictions on the development of technology and the personal use of media.

It also creates a whole set of problems for new technologies. Intel's Global Policy Director Jeffrey Lawrence explained how the treaty will prevent the roll out of home networking technologies because permission will be required from broadcasting companies for consumers to access and use the cable and television programs that they have already paid for in their own homes. Verizon Vice-President Sarah Deutsch said that Internet service providers and other intermediaries also face significant legal liability under the treaty for transmitting programming. "A broadcaster's right of control should stop at the front door of the home," she said.

The main arguments against this extension of the Treaty into the Internet are that it gives new, wide-ranging and long-lasting rights to broadcasters over Internet content; it does not respect the Creative Commons system of content licensing which has been adapted by 49 countries and used for millions of works worldwide, including podcasts and blogs; and it threatens to impose severe restrictions on the development of technology and the personal use of media.

It also creates a whole set of problems for new technologies. Intel's Global Policy Director Jeffrey Lawrence explained how the treaty will prevent the roll out of home networking technologies because permission will be required from broadcasting companies for consumers to access and use the cable and television programs that they have already paid for in their own homes. Verizon Vice-President Sarah Deutsch said that Internet service providers and other intermediaries also face significant legal liability under the treaty for transmitting programming. "A broadcaster's right of control should stop at the front door of the home," she said.

IP Justice Executive Director Robin Gross:

"It is already illegal to steal cable television under existing law in all countries. This proposal, however, will give broadcasting companies the power to control what consumers can do with those programs.

This creates a problem for a growing number of consumers who use technology to copy, edit, comment on, and re-use media in otherwise lawful ways. Internet bloggers and websites such as YouTube where people post snippets of media programming based on copyright law's fair use privilege are also at risk. Since this is not copyright, but rather a brand new type of IP right, traditional fair use privileges would not apply to protect consumers. Television programs like Jon Stewart's "Daily Show," which uses short video clips of politician's speeches and other news to provide political commentary on them, can also be prevented from re-using the footage if this treaty is passed.

One of the most dangerous provisions in the treaty is the proposal to grant broadcasters the right to lock up public domain programming using technological restrictions that it will then be illegal to bypass in order to access the public domain information."

Despite lengthy objections, at the end of this three-day session, Chairman "for life" Jukka Liedes dismissed all arguments against the Treaty, and

"...dropped the gavel to conclude the meeting after announcing there would be no time for further discussion on the controversial treaty.

Rather than address legitimate concerns about theft of broadcast signals, the treaty would create 8 new intellectual property rights over broadcasts that are so broad they will stifle technological innovation, freedom of expression and access to knowledge." (RG)

September 21st, Washington, USA: group of US corporations ask the US Government to reject the Broadcast Treaty.

The companies are:

AT&T Broadband Service Providers Association Cingular Wireless Computer and Communications Industry Association Consumer Electronics Association CTIA - The Wireless Association Dell Inc. Hewlett Packard Company Home Recording Rights Coalition Intel Corporation Panasonic Corporation of North America RadioShack Corporation Sony Electronics Incorporated TiVo Inc. U.S. Internet Industry Association USTelecom Verizon Communications Inc. Verizon Wireless

Background

The EFF have the most comprehensive background on this issue.

EFF on WIPO Broadcasting Treaty

Outside the UK

UK Podcasters Association was joined by the Irish Podrepbod and German Podcastverband to lobby WIPO in a pan-European effort to assert podcasters' rights at the WIPO meeting in Barcelona Wednesday, June 21st.

At Geneva, September 11th - 13th, EFF attorney Gwen Hinze presented a joint statement to WIPO on why podcasting should not be included in the Broadcast Treaty.

EFF Statement to WIPO on Podcasting

This followed from the UKPA petition which stated that the most important issues concerning podcasters are:

- broadcaster copyright cannot overrule podcast copyright or other licence

- podcasting is not broadcasting and the two must not be conflated (forced together)

- the wishes of the creator regarding their rights in their work must be respected

- Creative Commons licences, GPU licences, "free forever" licences (in whatever form) are legitimate and must be upheld in perpetuity.

Links

Documents

News

2007-06-29 - Out-Law - WIPO broadcast treaty defeated by web activists
Summary: A controversial new intellectual property right due to be created by the World Intellectual Property Organisation (WIPO) has been successfully opposed by a coalition of web activists and the technology industry. WIPO has spent nearly 10 years gathering international agreement over a new deal for broadcasters which would give them intellectual property rights over broadcasts which would exist in addition to existing copyright laws. But a campaign spearheaded by activist groups such as the Electronic Frontier Foundation (EFF) and involving thousands of podcasters and bloggers joined with technology industry giants such as Intel and defeated the move last week.
2007-05-21 - Intellectual Property Watch - Support In US For WIPO Broadcasting Treaty Appears To Wane
Author: William New
Summary: Practically no one participating in a recent government forum here liked the proposed broadcaster protection treaty under negotiation at the World Intellectual Property Organization (WIPO) in Geneva. Computer companies didn’t like it; telephone companies didn’t like it; the National Football League didn’t like it; consumer groups didn’t like it. Even a major broadcaster, National Public Radio (NPR), was opposed.
2007-03-06 - Boing Boing - US Senate: Broadcast Treaty subverts copyright!
Author: Cory Doctorow
Summary: The US is one of the staunchest proponents of this treaty, and the Senate has directed the US's delegate to WIPO to cut it out -- stop subverting American law to appease the broadcasters.
2007-03-06 - EFF - Senate Committee: Broadcasting Treaty Must Be Limited
Author: Danny O'Brien
Summary: Eighteen months ago, we heard that the controversial proposed WIPO Broadcasting Treaty was not on the radar of U.S. congressional representatives. That has changed, thanks to your letters, and much hard work by a broad coalition of public interest NGOs, libraries, ICT industry groups and CE corporations . Late last week, the Chairman and the Ranking Republican Member of the key Senate Judiciary Committee weighed in. They sent a letter to the Register of Copyrights and Director of the U.S. Patent and Trademark Office, which make up the U.S.'s delegation to WIPO, expressing their concern with how the current rights-based treaty draft will impact U.S. law and stakeholders, and urged the U.S. delegation to advocate at the next WIPO meeting in June for a revised treaty with a "significantly narrower scope".
2007-01-19 - EFF - Blogging the WIPO Broadcasting Treaty: Signal-Based Protection or Rights by Any Other Name?
Author: Gwen Hinze
Summary: The 183 member states of the UN's World Intellectual Property Organization are gathered in Geneva this week to discuss the controversial draft WIPO Broadcasting Treaty. EFF's main concern with the current treaty draft - shared by the other 40 public interest groups, companies and industry groups that have submitted a joint statement to WIPO this week - is that it is not limited to signal theft. Instead, it creates a set of broad and unwieldy intellectual property rights in the recording and use of fixed transmissions, which are likely to restrict the public's access to information in the public domain, preclude uses of works permitted under national copyright law, curtail consumers' use of lawfully-received programming in their home, and stifle technological innovation.
2007-01-19 - FromGeneva - Impasse at WIPO broadcasting negotiations: Our ship is sinking
Author: Thiru Balasubramaniam
Summary: The image of a tanker slowly turning its course in a new direction has been used to describe how the special sessions (which convene in January 2007 and June 2007) of the WIPO Standing Committee on Copyright and Related Rights (SCCR) will implement the 33rd General Assembly's instructions to the SCCR to agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised basic proposal, which will amend the agreed relevant parts of the Revised Draft Basic Proposal referred to in Paragraph 2. The Diplomatic Conference will be convened if such agreement is achieved. If no such agreement is achieved, all further discussions will be based on Document SCCR/15/2. However, with Mr. Jukka Liedes, the Finnish chair, steering the helm, it seems that our tanker will soon hit an iceberg, with devastating consequences to follow.
2007-01-19 - WIPO Casting Treaty - After the non-papers, here come the "non-conclusions" (to quote Jason Pielemeier)
Author: Manon Ress
Summary: Quick notes from DAY 3 of SCCR Special Session 1 Geneva January 19, 2007. ... Brazil stated that now they wanted to be on the record (since yesterday nothing is on record!) that they want a blanket reservation on their position on non-papers and informal sessions. They had additional comments on the draft conclusions: there should not be reference to a revised 15/2 since there was no agreement on what was revised. They asked that the conclusions reflect that by replacing "revised 15/2" by "revised non-papers". ... However, some people seem to be happy and are sure that the tanker (that is one of the image used to describe the treaty here!) cannot be sunk.
2007-01-18 - The Huffington Post - WIPO Stumbles on broadcast treaty
Author: James Love
Summary: Geneva: The specialized UN Agency known as the World Intellectual Property Organization (WIPO) is meeting this week to finalize an eight-year negotiation on a new treaty for the protection of broadcast organizations. The treaty comes at a time when our whole concept of what constitutes a broadcast or a broadcaster is undergoing profound changes.
2006-10-30 - ars technica - Understanding the WIPO Broadcast Treaty
Author: Nate Anderson
Summary: The new broadcast treaty has also had a long, strange trip from conception to object of international controversy. Like most long, strange trips, this one began in the 60s, when the Rome Convention was signed (actually the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, which was signed in Rome in 1961).
2006-09-18 - Wired in Washington - Up In The Air
Author: Drew Clark
Summary: Broadcasters have never lacked for political clout. Whether in the United Sates or overseas, the companies that control the airwaves generally seem to get their way with governments. ... Last week’s meeting at WIPO stripped webcasting out of the treaty.
2006-09-16 - EFF - Broadcast Treaty Moving Forward Despite Objections
Author: Gwen Hinze
Summary: WIPO's proposed Broadcasting Treaty lurched forward another step on Wednesday. In a tense and acrimonious meeting, the WIPO Standing Committee on Copyright and Related Rights adopted a recommendation that WIPO's General Assembly should convene a 2007 Diplomatic Conference to finalize the treaty. The 183 WIPO Member States must now decide whether to accept that and convene the Conference, when the General Assembly meets on September 25 - October 3. It's not at all clear whether they will do so, but EFF will be at WIPO to report on events as they unfold. ...
2006-09-15 - BBC pods & blogs - WIPO raises podcast concerns
Author: Chris Vallance
Summary: We've covered the concerns some indie podcasters have about the World Intellectual Property Organisation's proposed Broadcast Treaty. When treaties such as this are negotiated it's common for governments, ngo's, businesses and other groups to lobby hard for their interests, which can leave the little guy(such as the indie podcaster) a small voice in the crowd.
2006-09-14 - BBC - Switch off sought for TV treaty
Author: Michael Geist
Summary: This week Geneva is hosting the continuing negotiations on a treaty that few people have heard about, yet one which may have damaging long-term consequences for consumers, technology companies, telecommunications providers, and the internet. ...
2006-09-14 - Associated Press - UN Agency:Broadcast Rights Treaty To Be Negotiated Next Year
Summary: A new proposal for an international agreement to protect broadcasting rights will be negotiated during a conference next year, the World Intellectual Property Organization said Thursday. The proposed treaty, which aims among other things to prevent broadcasting and cable signals being stolen and retransmitted elsewhere, was approved by a key committee of the U.N. agency on Wednesday despite objections from some states and non-governmental organizations. ...
2006-09-14 - CPTech - WIPO Press release on SCCR recommendation for DipConf
Author: James Packard Love
Summary: Here is the rather straightforward WIPO press release. NEGOTIATIONS ON THE PROTECTION OF BROADCASTING ORGANIZATIONS ENTERS FINAL PHASE
2006-09-13 - LA Times - Proposed Treaty on TV Signals Spurs Criticism
Author: Jim Puzzanghera
Summary: The coalition boasts major companies such as AT&T Inc., Verizon Communications Inc., Intel Corp. and Dell Inc. Verizon acknowledged that the treaty could be a help as it rolls out cable TV service, but it worries that the company's larger business of Internet access could suffer because of potential liability for illegal retransmissions.

"The reason why they want this right … is they can get additional money out of players they haven't been able to charge before," Sarah Deutsch, Verizon's vice president and associate general counsel, said of traditional broadcasters. "The whole concept of giving an intellectual property right to a signal is ridiculous."

2006-09-13 - EFF - Blogging WIPO: Broadcast Treaty Moves Towards Diplomatic Conference
Author: Gwen Hinze
Summary: The WIPO Broadcasting Treaty has just passed the next step on its way to a Diplomatic Conference in 2007. The meeting of the WIPO Standing Committee on Copyright and Related Rights has just recommended that the WIPO General Assembly convene a Diplomatic Conference in July 2007. Overruling the objections of a number of WIPO Member States (including the United States), the following recommendations were grudgingly adopted under a silent procedure
2006-09-13 - ars technica - Watching sausage get made: the WIPO broadcast treaty
Author: Nate Anderson
Summary: The controversial WIPO broadcast treaty continues to move forward this week as delegates from around the world gather in Geneva. Their goal is to whip the treaty into shape and convene a Diplomatic Conference early next year at which the text can be ratified. While it can be reassuring to see that ponderous international bodies can in fact move quickly on important agreements, the current draft of the treaty (PDF) still contains plenty of controversial material, and looks like it might be presented to a Diplomatic Conference without the time needed to consider a whole host of worldwide objections.
2006-09-13 - IP Justice - WIPO: Broadcasting Treaty
Summary: Should Broadcasting Companies be Granted "Copyrights" Over Signals Transmitting Information? he World Intellectual Property Organization (WIPO) is creating a new Broadcasting Treaty to expand upon an older treaty (often referred to as the "Rome Convention") written in 1961. Broadcasting companies call for "updating" the Rome Convention to address technological change and propose a new international instrument that would create copyright-type rights for broadcasting companies over the broadcast signals transmitting information. But the current proposal threatens to chill freedom of expression, stifle innovation and give traditional broadcasting companies an unfair advantage over artists and consumers.
2006-09-13 - CPTech - Arm twisting time
Author: James Packard Love
Summary: We are now at 4pm on the last of a three day meeting. Jukka Liedes is insisting upon a three page document, "Draft conclusions of the SCCR," which was handed out before lunch. It calls for a May/July diplomatic conference in Geneva. He wants a preparatory committee to meet in December 2006, with uncertain duties, and the authority to prepare a new "basic proposal" by February 28, 2007, followed by regional consolations. ...
2006-09-13 - CPTech - Michelle Childs: Morning session final day WIPO 13th September 06
Author: Manon Ress
Summary: After the solo performance of the chair of the committee yesterday with his promise of hugs and kisses and life long friendships at a Diplomatic conference this morning we heard the reaction from some delegates notably India and Brazil. It was not good for the Chair. They made it clear that there are still serious concerns and questioned the advisability of going for a Diplomatic conference (DC) (the final stage of Treaty making and the outcome pushed by the Chair) at this stage. ...
2006-09-13 - CPTech - WIPO Struggles with openness
Author: James Packard Love
Summary: So far this week SCCR Chair Jukka Liedes has strongly opposed giving NGOs the opportunity to speak ...
2006-09-12 - CPTech - Summary of notes Day 2 "Moving toward a dip conf"
Author: Manon Ress
Summary: Summary of notes of Day 2 of the WIPO Broadcasting Treaty. The buzz is that it's moving fast toward a diplomatic conference...
2006-09-12 - CPTech - Dipconf seems likely at this point -- now for the US it's the cablecasting treaty
Author: James Packard Love
Summary: The US and the EU are showing some flexibility. The Africa group has called for a diplomatic conference. Many delegates seem inclined to move ahead to get this issue behind them. Too early to tell what type of rights will be included. The TPM measures are likely to only be those relating to the protection of the signal, and not to the content. Webcasting, netcasting and simulcasting is supposed to be out, but that is not really certain, and no one really knows what Article 9 does. ...
2006-09-12 - CPTech - South Africa's comments on L&E, scope, and TPMs
Author: Thiru Balasubramaniam
Summary: At the 15th Session of the WIPO Standing Committe on Copyright and Related Rights (SCCR), the delegation of South Africa made perspicacious remarks on the scope of definition, simulcasting, limitations and exceptions and technological protection measures (TPMs). ...
2006-09-11 - CPTech - Quick notes from First Morning Session at SCCR 15
Author: Manon Ress
Summary: The meeting started at 10:30 with a detailed introduction by Jukka Lieddes who was re-elected chair. He re-stated the tasks of the committee as decided by the General Assembly of 2005 when it was decided that there would 2 additional meetings scheduled "to accelerate, to agree and finalize" in order that the 2006 general Assembly can convene a Diplomatic conference in 2006 or 2007 at appropriate time etc. ...
2006-09-11 - Infomatics - Podcasters unite to challenge copyright landgrab
Author: Will Head
Summary: A new broadcasting right proposed by the World Intellectual Property Organization (Wipo) is being opposed by freedom organisation the Electronic Frontier Foundation (EFF). The Broadcast Treaty seeks to allow 50 years of copyright-like control over the content of broadcasts, even when the broadcaster has no copyright in what it shows, according to the EFF. The campaign group is urging podcasters to sign a letter opposing the treaty being extended to cover the internet.
2006-09-11 - Indiantelevision.com - Tech firms up in arms over proposed television rights treaty
Summary: Dell, HP, AT&T, Sony, podcast firms and net broadcasting firms are among those who have come together to voice their dissent against a proposed treaty by the World Intellectual Property Organisation (Wipo). This will give television channels a new set of intellectual property rights over content. The firms mentioned above will fight to stop the UN proposal being adopted internationally. Media reports state that the plan being opposed is called the Treaty on the Protection of Broadcasts and Broadcasting Organisations. Wipo convenes in Geneva this week to discuss steps to be taken regarding the treaty.
2006-09-11 - Toronto Star - Weirdly Silent on Sweeping Broadcast Treaty
Author: Michael Geist
Summary: Government negotiators and broadcast officials descend on Geneva this week to continue negotiations on a treaty that few people have heard about, yet one which may have damaging long-term consequences for consumers, technology companies, telecommunications providers, and the Internet. ...
2006-09-08 - LA Times - Do broadcasters need more protection?
Summary: LA Times Opinion piece against the WIPO Broadcasting Treaty
2006-09-08 - Center For Democracy - Negotiations on Broadcast Treaty Raise Concerns
Summary: A Briefing On Public Policy Issues Affecting Civil Liberties Online from The Center For Democracy and Technology. Negotiations on Broadcast Treaty Raise Concerns 1) Negotiations on Broadcast Treaty Raise Concerns 2) Need for Expanded Broadcaster Rights Unclear 3) Costs and Risks of Expanded Rights 4) Status of Proposed Treaty
2006-06-21 - OUT-LAW.COM - Plans for new broadcasting rights anger podcasters
Summary: The UK is backing a controversial new broadcasting treaty that opponents say gives big media companies new rights over content. The UK joins the US, the BBC, Yahoo! and other nations and firms supporting WIPO's draft Broadcasting Treaty. Intellectual property campaigners and podcasters oppose the new treaty. They claim that it puts more control over content in the hands of big business. "This is a right just for transmitting something, and it exists on top of the existing copyright," said Rufus Pollock, a director of the Open Knowledge Foundation and a member of the board of the Open Rights Group.
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