WIPO Considering Broadcasting Protection Treaty that Could Undermine Online Free Expression

The World Intellectual Property Organization is considering proposals for a treaty that would guarantee broadcasters exclusive rights, extending beyond copyright, to control the re-use of the material they transmit. Such rights, proposed as a response to the piracy of broadcast signals, threaten serious negative side effects for online free expression. Creating or expanding such rights would raise new legal barriers to expressive activity that is legal today; greatly complicate the task of getting clearances to use copyrighted material; discourage expression that qualifies as fair use or fair dealing; exacerbate the orphan works problem; and chill otherwise lawful distribution of information. Advocates, policymakers, and nations that strongly support online free expression should press WIPO to focus any treaty on prohibiting and punishing true signal piracy, rather than creating new gatekeepers for the legitimate re-use and re-dissemination of content. This memo explores these implications for free expression.