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WIPO and the Broadcast Treaty

A good example of how intellectual property is being perverted and how the UN, contrary to what many American pundits would have us believe, is in fact being used in the most heinous way and acting as the best forum the United States government could ever wish for.

The Broadcast Treaty is an attempt to force the world’s governments to give a new right to broadcasters, a right to control the use of works they don’t own. The Broadcast Right will allow broadcasters to stop you from copying or re-using the programs they transmit, even if those programs are in the public domain, Creative Commons licensed or composed of uncopyrightable facts.

Fair use doesn’t apply to the broadcast right. It will have its own rules for fair use, separate from copyright. You’ll have to pay your lawyer twice, once to make sure you’ve got a fair copyright use, and again to make sure you’ve got a fair broadcast right use. And you might get sued twice — once for violating copyright and again for broadcast right violations.

Worse yet, they want this to apply to the Internet. A few US corporations — Microsoft, Yahoo — have hijacked the US position on the Broadcast Treaty and now the US is using every trick in the book to get the world’s governments (who roundly reject the idea) to create a “webcasting right” at the same time as the broadcast right.