WIPO Treaty on the Protection of Broadcasting Organizations (CRS Report for Congress)
| Release Date |
Revised Jan. 25, 2008 |
| Report Number |
RS22585 |
| Report Type |
Report |
| Authors |
Margaret Mikyung Lee, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Because existing international agreements relevant to broadcasting protections do not cover
advancements in broadcasting technology that were not envisioned when they were concluded, in
1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual
Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend
protection to new methods of broadcasting, but has yet to achieve consensus on a text. In recent
years, a growing signal piracy problem has increased the urgency of concluding a new treaty,
resulting in a decision to restrict the focus to signal-based protections for traditional broadcasting
organizations and cablecasting. Consideration of controversial issues of webcasting (advocated by
the United States) and simulcasting protections are postponed. However, much work remains to
achieve a final proposed text as the basis for formal negotiations to conclude a treaty. Despite a
concerted effort to conclude a treaty in 2007, in June 2007 the SCCR decided that more time and
work were needed. A concluded treaty would not take effect for the United States unless Congress
enacts implementing legislation and the United States ratifies the treaty with the advice and consent
of the Senate. Noting that the United States is not a party to the 1961 Rome Convention, various
stakeholders have argued that a new broadcasting treaty is not needed, that any new treaty should not
inhibit technological innovation or consumer use, and that Congress should exercise greater
oversight over U.S. participation in the negotiations.
