Proposed WIPO Treaty Would Expand Broadcasters' Rights

In a controversial move "” as an adjunct to updating the Rome Convention of 1961 to address technological changes "” the World Intellectual Property Organization (WIPO) is seeking to create a new Broadcasting and Webcasting Treaty (Treaty). The proposed Treaty would expand the rights of broadcasters to include copyright-like protection over their broadcasts, and would give webcasters equivalent rights. Still under debate, the Treaty would grant significant rights to broadcasters and webcasters merely for broadcasting a signal. A broadcast signal would be protected for 50 years, adding a further layer of legal protection to material that is already covered by copyright. In some countries, this right is already protected for 20 years, ostensibly to encourage the creation of new networks. However, the Treaty would significantly interfere with current user rights. For example, it would permit the appropriation of material in the public domain simply as a result of its broadcast. James Boyle, a law professor at Duke University, criticizes this new policy on three accounts: there is no empirical evidence that greater protection for intellectual property will help the market rather than hurt it; the policymaking process fails to take into account a balancing of user and industry interests; and communication networks are increasingly built around intellectual property laws, not always to good effect. For the article by James Boyle which appeared in the Financial Times see: http://news.ft.com/cms/s/441306be-2eb6-11da-9aed-00000e2511c8.html For an article on the topic by Prof Michael Geist, visit: http://makeashorterlink.com/?U217347FB Summary by: Nyall Engfield