World Intellectual Property Organization Treaty on the Protection of Broadcasting Organizations

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Treaty Type:

Multilateral

Common Name:

WIPO Broadcasting Treaty

Responsible Department:

Business Innovation and Employment

Administering Department:

Business Innovation and Employment

Treaty Summary:

The World Intellectual Property Organization (WIPO) Treaty on the Protection of Broadcasting Organizations aims to harmonise protections for broadcasting organisations in their broadcasts, across WIPO member states. WIPO recognises that broadcasting piracy is prevalent and causes economic harm to broadcasting organisations, and as such, would like to harmonise the different approaches that members take in relation to protecting broadcasts. The treaty may grant exclusive rights to broadcasting and cable casting organisations. For example, the treaty may grant an exclusive right to authorise the retransmission of a broadcast, the fixation of a broadcast, or the reproduction of fixations of a broadcast.

NZ Adherence Status:

In Progress

Negotiation Status:

Discussions on content of the proposed treaty are on-going within WIPO's Standing Committee on Copyright and Related Rights (SCCR), where WIPO members are continuing to discuss a work programme to further progress negotiations of the treaty.   Because the Ministry of Business, Innovation and employment does not regulary attend SCCR meetings, New Zealand only sparodically participates in these negotiations.

Organisation:

World Intellectual Property Organization (WIPO)

Is Signed By NZ:

No

Signature Date:

Ratified or Signed:

No

Requires Ratification:

No

NZ Territorial Applications:

None

Information about required Legislation:

Impacts on Maori:

It is possible that Māori broadcasters could be affected by the outcome of negotiations, particularly if those outcomes were to have an impact on the current protections provided to broadcasts under the Copyright Act 1994 and New Zealand was to join the treaty after negotiations were concluded. Māori with broadcasting interests would be consulted on any likely outcomes of the negotiations and any proposal for New Zealand to join the treaty, if it was to be concluded. Because New Zealand's participation in these negotiations is only sporadic, no decisions have been taken on the level and method of consultation of interested parties, including Māori, regarding these negotiations.

Impacts on Stakeholders:

The proposed treaty would give broadcasting organisations more protection for their broadcasts, especially against unauthorised reception and rebroadcasting. It is unclear whether broadcast piracy is a big issue in New Zealand, and as such we do not have a good indication of the possible economic benefits that the treaty, if concluded, would provide. Consultation with interested parties would be undertaken during the negotiations phase.

Link To Legislation:

Contact Information:

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