"Today the WIPO SCCR decided against scheduling a diplomatic conference to create a new treaty on broadcasting, and set a high bar for doing so. Technically, the subject of the Broadcasting Treaty will continue to be on the agenda of the WIPO Standing Committee on Copyright and Related Rights, but with a fairly tough hurdle before it can move to a diplomatic conference — after there is agreement on the objectives, scope and object of protection, topics for which there is no agreement in sight.
"The negotiation over the broadcast treaty has mirrored and sometimes driven the larger changes in the culture at WIPO. When the negotiations began, it was simply about responding to demands from a powerful right-owner group — the broadcasters, for expanded commercial rights. As the discussions continued, civil society NGOs criticized the treaty, for its potential harm to the Internet. Several country delegations began to ask deeper questions about the rationale for the treaty, and examined ways to limiting the scope and nature of the treaty. In the end, the broadcasters demanded too much, and made too few concessions, for the treaty to move forward. Delegates at WIPO were no longer willing to ignore issues of access to knowledge, or the control of anticompetitive practices.
"Next, there has to be a change of conversation at the WIPO SCCR. Chile has proposed a work program on limitations and exceptions for the blind, educators and librarians, and there will be other topics presented as well. India called for a new focus on the socially important issues such as access to knowledge and education. This will be the way forward, at the SCCR, if things go well."
KEI Director James Love (james.love@keionline.org)