PIJIP

Document Type

Article

Publication Date

3-11-2025

Abstract

Protection of Broadcasting Organizations

The central question for the Broadcasting Treaty, in line with the 2007 General Assembly Mandate, is whether there is sufficient “agreement on objectives, specific scope and object of protection” to warrant a recommendation for a diplomatic conference. (WO/GA/34/16). The 2006 GA mandated that the Broadcasting Treaty be “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006).

The SCCR 45 Chair’s Summary states:“[w]ith respect to objectives, there is common understanding … that the treaty should be narrowly focused on signal piracy, should not extend to any post-fixation activities and that it should provide member states with flexibility to implement obligations through adequate and effective legal means” and “that the object of protection (subject-matter) of the treaty is related to programme-carrying signals linked to linear transmission”. There continues to be divergence on whether the Chair’s Draft of the treaty meets these standards.

The treaty continues to extend beyond interception of simultaneous live transmissions to acts of fixation (e.g. recording) and post-fixation activities, such as transmissions of stored programs (arts. 3, 8). Since most streaming providers also provide scheduled programming (e.g. live sports), the present draft may apply to such services. Divergent views remain on whether including exclusive rights (arts. 6-9) but allowing alternative means (art. 10) constitutes a “signal-based” approach. The limitations and exceptions continue to be subject to debate, with the present draft not including mandatory exceptions, including for uses permitted under copyright law.

Options for public interest positions:

  • Draft an alternative text limited to the protection of simultaneous live broadcasts to the public (not stored programs) and includes other amendments offered by analysts;

  • Add mandatory limitations and exceptions, especially for uses of content permitted by copyright and for other public interests protected by Rome and Brussels Conventions.

Limitations and exceptions

The key issue for the limitations and exceptions agenda is reaching an agreement to begin text-based work. The 2012 GA mandated the Committee to work toward an “appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms)” on uses by libraries, archives, museums, educational and research institutions, and persons with other disabilities (WO/GA/41/14).

In SCCR 43, the Committee adopted a Work Program (SCCR/43/8) to draft “objectives, principles, and options” for potential instruments. At SCCR 44, the African Group presented a Draft Proposal for the Implementation of the Work Program on Exceptions and Limitations (SCCR/44/6), including a specific process for drafting objectives, principles, and options. SCCR 44 concluded with a decision that the Secretary draft a proposed implementation plan. The Secretary’s draft included non-normative activities such as tool kits and studies (parts I-III). SCCR 45 concluded with a call for the Secretary to take comments on a revised draft implementation plan (SCCR/45/10 PROV). Consequently, the Work Program on Exceptions and Limitations (SCCR/44/6) remains without a conclusive implementation approach.

Options for public interest positions:

  • The Chair could be requested to appoint a facilitator for the L&E instrument to coordinate intercessional consultations and produce a basic text;

  • A priority for this SCCR is to set a process to submit draft principles for inclusion in a basic text, including principles based on previous work of the committee and civil society proposals on preservation, education, and research;

  • The Committee could consider holding a Special Session to advance its work at the same pace as the Broadcast Treaty.

Other Matters

The key issue under the ‘other matters’ part of the agenda is whether to make Copyright and the Digital Environment a standing agenda item. The GA decision creating the SCCR in 1998 instructed the Committee to consider “Copyright, Related Rights and Digital Technology … from the viewpoint both of owners and managers of rights, and of users and the general public.” (GA A/37/7). The Draft Work Plan on Copyright in the Digital Environment (SCCR/45/4), submitted by GRULAC, calls for structured studies and discussions on fair remuneration for artists and transparency in digital platforms, AI’s impact on copyright, and imbalances in negotiations between creators and digital service providers.GRULAC reiterated its request for Copyright in the Digital Environment to be a standing item on the Committee’s agenda.

Options for public interest positions:

  • The focus of the agenda could include the 1998 GA decision’s approach “from the viewpoint both of owners and managers of rights, and of users and the general public”;

  • The committee could review remuneration rules in existence in some countries such as unwaivable rights of creators to remuneration, fair remuneration rights, best seller clauses, etc., including consideration of North/South distribution of payments and of measures to protect public interest uses.

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