A New Paper by Prof. Hugenholtz was just published "Simplifying the WIPO Broadcasting Treaty: Proposed Amendments to the Third Revised Draft"
November 7, 2023
A new paper "Simplifying the WIPO Broadcasting Treaty: Proposed Amendments to the Third Revised Draft" was recently published on the Broadcast Treaty and provides an analysis of the Third Revised Draft Text for the WIPO Broadcasting Organizations Treaty. This paper proposes specific amendments that would narrow the instrument to protect public interest.
Professor Bert Hugenholtz teaches information law at the University of Amsterdam.
Abstract:
In preparation of the 44th meeting of the SCCR a Third Revised Draft Text for the WIPO Broadcasting Organizations Treaty was prepared by the SCCR Acting Chair. The current (third) draft contains mostly minor modifications as compared to the previous draft. The previous (second) revised draft was critically examined by the author of this document. The present document builds on the Comments by proposing amendments that transform the main points of criticism and suggestions for improvement into possible treaty language. Whereas – following the 2007 General Assembly decision – there is consensus within the SCCR that the Broadcasting Treaty should protect broadcasters solely against acts of “signal piracy” (i.e. unauthorized retransmission of broadcast signals) and not grant broadcasters any protection beyond “fixation” of the signal, the present draft still follows the template of a traditional neighboring rights treaty that prescribes a number of special private rights. The proposed amendment herein would conform more closely to the signal-based approach of other WIPO broadcasting treaties.