The Impact of Copyright Treaties on Broadcast Policy

Kimberlee G. Weatherall, University of Queensland, Australia

Abstract

Broadcast copyright. Even the name suggests the tension: between a medium which of its nature is ‘out there’—broadly cast, quite literally—and a set of laws designed to provide creators with exclusive rights and long-lasting control. Nevertheless, television broadcasters claim to “own” their broadcasts; in many countries, including Australia, they do. While recent efforts in WIPO to negotiate a treaty on IP-style protection for broadcasters appear to have failed, this chapter argues that the growth in other – including bilateral – copyright treaties has already changed the environment for broadcast policymaking. Historically broadcast regulators have been able to tailor broadcasters’ rights according to the demands of broadcast policy. As this chapter shows, it will be much more difficult to adopt this course in the future. From now on, it is going to be copyright first, broadcast policy later: and this could have some rather interesting effects in forthcoming debates over technology. Along the way, it considers the various arguments for and against protection for broadcasters, and the reasons why treaty-making in this area has been so difficult. The chapter is not online, but copies are available on request.