The WIPO Background Discussion of the Proposed 'Broadcasters' Treaty' and Its Implications for the Domestic Law of Australia and Japan

Abstract

Broadcasting organisations play a considerable role in the process of disseminating culture. In 1961, broadcasting organisations' rights were recognised by the 'Rome Convention'. The rapid advance in technology since its inception however has undermined the Convention's ability to function adequately. The World Intellectual Property Organisation (WIPO) therefore initiated discussions to prepare a new 'Broadcasters' Treaty' in 1998. This article analyses the background discussions of the WIPO Standing Committee and provides an overview of the proposed new treaty. It then anticipates the domestic regulations likely to be required in common and civil law systems, particularly as common law systems traditionally protect such rights through copyright as opposed to the civil law doctrine of neighbouring rights. This article contrasts likely regulations under Australia's common law system with those of Japan, a civil law country. The problems ultimately devolve around two matters: the rationale for protection of broadcasting organisations in modern terms and the justice issues of access control.