Document Type

Article

Publication Date

3-2023

Abstract

The World Intellectual Property Organization (WIPO) is a specialized UN body that provides forums to discuss intellectual property policies and practices, provides technical assistance to its member states and engages in norm setting. Since 1997, WIPO has engaged in a series of activities to evaluate proposals advocated by some companies that are engaged in broadcasting. There is yet another effort to bring this proposal to a diplomatic conference. This article (i) provides background on the negotiations including the evolving rationales for broadcast right; (ii) describes the differences between the thin temporary signal protection model and the far more problematic vision of a layer of durable post-fixation rights; (iii) highlights the failure of WIPO to undertake and evaluate any economic analysis of the impact of a treaty on the distribution of income between countries and between qualifying broadcasting organizations and authors, performers and audiences, and (iv) identifies the most troubling features of the current proposal.

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