Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again external link

frontpage, WIPO broadcasting treaty

Bibtex

Other{nokey, title = {Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/the-wipo-broadcasting-treaty-revisited/}, year = {0506}, date = {2022-05-06}, keywords = {frontpage, WIPO broadcasting treaty}, }

The WIPO Broadcasting Treaty. A Conceptual Conundrum external link

European Intellectual Property Review, vol. 2019, num: 4, pp: 199-202, 2019

Abstract

The Broadcasting Treaty that has been discussed at WIPO for over twenty years, seems to be reaching a dead end. The Treaty that aims at extending the legal protection of broadcasters to the digital realm, suffers from three serious flaws: one economic, one conceptual and one pragmatic. Due to the decreasing technical costs of broadcasting, the economic case for granting special rights to broadcasters is weakening. Moreover, properly defining the act of ‘broadcasting’ that would give rise to legal protection, is highly problematic. Finally, no real and urgent need for a new right seems to exist, in light of current legal regimes that broadcasters already rely on under national law. Perhaps the time has come to abandon work on the WIPO Broadcasting Treaty, and move on.

Auteursrecht, frontpage, WIPO, WIPO broadcasting treaty

Bibtex

Article{Hugenholtz2019c, title = {The WIPO Broadcasting Treaty. A Conceptual Conundrum}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/EIPR_2019_4.pdf}, year = {0404}, date = {2019-04-04}, journal = {European Intellectual Property Review}, volume = {2019}, number = {4}, pages = {199-202}, abstract = {The Broadcasting Treaty that has been discussed at WIPO for over twenty years, seems to be reaching a dead end. The Treaty that aims at extending the legal protection of broadcasters to the digital realm, suffers from three serious flaws: one economic, one conceptual and one pragmatic. Due to the decreasing technical costs of broadcasting, the economic case for granting special rights to broadcasters is weakening. Moreover, properly defining the act of ‘broadcasting’ that would give rise to legal protection, is highly problematic. Finally, no real and urgent need for a new right seems to exist, in light of current legal regimes that broadcasters already rely on under national law. Perhaps the time has come to abandon work on the WIPO Broadcasting Treaty, and move on.}, keywords = {Auteursrecht, frontpage, WIPO, WIPO broadcasting treaty}, }