The UN's World Intellectual Property Organization's Broadcasting Treaty is back. This is the treaty that EFF and its colleagues killed five years ago, but Big Content won't let it die. Under the treaty, broadcasters would have rights over the material they transmitted, separate from copyright, meaning that if you recorded something from TV, the Internet, cable or satellite, you'd need to get permission from the creator and the broadcaster to re-use it. And unlike copyright, the "broadcast right" doesn't expire, so even video that is in the public domain can't be used without permission from the broadcaster who contributed the immense creativity inherent in, you know, pressing the "play" button. Likewise, broadcast rights will have different fair use/fair dealing rules from copyright -- nations get to choose whether their broadcast rights will have any fair dealing at all. That means that even if you want to reuse video in a way that's protected by fair use (such as parody, quotation, commentary or education), the broadcast right version of fair use might prohibit it.
Worst of all: There's no evidence that this is needed. No serious scholarship of any kind has established that creating another layer of property-like rights will add one cent to any country's GDP. Indeed, given that this would make sites like Vimeo and YouTube legally impossible, it would certainly subtract a great deal from nations' GDP -- as well as stifling untold amounts of speech and creativity, by turning broadcasters into rent-seeking gatekeepers who get to charge tax on videos they didn't create and whose copyright they don't hold. Read the rest