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Analysis of Agenda Items for WIPO SCCR 47

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This note, which will be presented at the November 25, CKG Workshop on SCCR 47, provides background information, links to recently published research and analysis, and descriptions of the issues that may be addressed in the 47th meeting of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, December 1-5, 2025. It is published as part of the mission of the Centre on Knowledge Governance to produce information and analysis to promote the public interest in multilateral knowledge governance negotiations. The analysis is presented in the order that the items occur on the SCCR 47 Agenda. 

Blog, Broadcast Treaty, Centre News, WIPO GA, WIPO-SCCR

Centre publishes new analysis on broadcast, limitations and exceptions

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This week our research team published a series of new reports. These relate to the work streams in the upcoming Standing Committee on Copyright and Related Rights (SCCR) at the World Intellectual Property Organization (WIPO). Analysis of Agenda Items for WIPO SCCR 47by Sean Flynn This note, which will be presented at the November 25, CKG Workshop on SCCR 47, provides background information, links to recently published research and analysis, and descriptions of the issues that may be addressed in the 47th meeting of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, December 1-5, 2025. It is published as part of the mission of the Centre on Knowledge Governance to produce information and analysis to promote the public interest in multilateral knowledge governance negotiations. The analysis is presented in the order that the items occur on the SCCR 47 Agenda.  Tracing a Century of Broadcasting Rights Debates: 1928–2025Luca Schirru and Sean Flynn This report provides a detailed view of developments concerning broadcasting rights within international copyright law, beginning with the 1928 Rome Revision of the Berne Convention and continuing through the latest SCCR discussions. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. Copyright Limitations and Exceptions in the SCCR: A TimelineLuca Schirru, Ben Cashdan and Sean Flynn The timeline details the progression of discussions within the WIPO SCCR regarding Limitations and Exceptions (L&Es) to copyright. This detailed chronology, spanning from 1996 to 2025, highlights the main proposals, studies, and key milestones concerning L&Es for various sectors, including visually impaired persons, libraries, archives, and educational institutions. It documents the formal inclusion of L&Es on the SCCR agenda, the development of numerous draft treaties and working documents, and the ongoing efforts to reach consensus and implement work programs. Comparison of Proposed Texts on Limitations and Exceptions in SCCR 47Jonathan Band Two new documents have been introduced for the Limitations and Exceptions agenda item: the African Group’s “Proposal on Limitations and Exceptions” (SCCR/47/5) and the Chair’s “Text Proposed” (SCCR/47/8), alongside the earlier U.S. proposal “Limitations for Libraries and Archives” (SCCR/44/5). The tables identify common elements among the three documents and additional areas shared by the Chair and African Group texts, suggesting significant areas of commonality and that further text-based work towards an international legal instrument can start with these documents. Justifications for an Instrument on Copyright Limitations and ExceptionsAditya Gupta and Sean Flynn The authors summarise justifications for an international instrument on limitations and exceptions (L&Es) to copyright, and for expanded limitations and exceptions more generally. The justifications are taken from a review of academic literature. Researchers have posited that such an instrument is necessary to counteract the existing “minimum protection approach” of international treaties, which often prioritizes copyright holders over the public interest, access to knowledge, and competition and development concerns. Is the draft Broadcast Treaty consistent with the General Assembly mandate?Sean Flynn WIPO published a new draft of the proposed Broadcasting Organizations Treaty as SCCR/47/3, which does not differ in its main provisions from previous drafts and raises questions about whether it fulfils the mandate of earlier WIPO General Assemblies. The analysis focuses on substantive changes and controversial provisions, addressing whether there is sufficient “agreement on objectives, specific scope and object of protection”. Four new proposals for SCCR 47Ben Cashdan WIPO has published four new proposals on ways forward for key work streams in the SCCR, scheduled for 1–5 December 2025. The proposals concern exclusive rights for broadcasting organisations, disparities in the remuneration of performers, limitations and exceptions to promote education, research and access to knowledge, and ensuring fair copyright royalties for creators in the digital environment.

Blog, Broadcast Treaty, WIPO GA, WIPO-SCCR

Tracing a Century of Broadcasting Rights Debates: 1928–2025

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This timeline provides a detailed view of the developments concerning broadcasting rights within international copyright law. It begins with the 1928 Rome Revision of the Berne Convention, which initially introduced these rights, and tracks major milestones such as the 1961 Rome Convention and the rise of satellite broadcasting in the mid-1960s. The majority of the timeline focuses on the intensive, multi-year negotiations held under the WIPO Standing Committee on Copyright and Related Rights (SCCR), which formally began addressing the protection of broadcasting organisations in 1998. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. The information concerning the pre-SCCR period (1928–1998) was extracted from Vyas, Lokesh; Schirru, Luca; and Flynn, Sean, The (Long) Road to the Broadcast Treaty: A Brief History (Infojustice, 2025). The remaining sections were prepared based on the documents available on WIPO’s SCCR Meetings webpage (e.g. “Report”, “Conclusions” and “Summary by Chair”) and on Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; McGee, Katie; Misto, Yara; and Flynn, Sean Michael Fiil, Documentary History of the Broadcast Treaty in the SCCR (Global Version) (2025), Joint PIJIP/TLS Research Paper Series, 145. See PDF version below. Date Main Developments Short Description 1928 Rome Revision of the Berne Convention Article 11bis introduced broadcasting rights into international copyright law, marking the entry of broadcasting into the global copyright framework. 1948 Brussels Revision of the Berne Convention Added changes and clarifications to Article 11bis. 1961 Rome Convention Adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961). The Convention covered only “wireless” transmissions, whether the treaty applied to broadcasts transmitted via satellites 1965 Rise of Satellite Broadcasting With the emergence of orbiting and geostationary satellites, broadcasting organizations began demanding protection against signal piracy (noted by Delia Lipszyc). 1967 Stockholm Revision of the Berne Convention. Introduced further modifications to broadcasting rights but limited protection to live wireless broadcasts. 1968–1969 Intercontinental satellite television broadcasts Global discussions began on the legal challenges of intercontinental satellite television broadcasts. 1971–1974 UNESCO and BIRPI Expert Committees Committee of Governmental Experts (UNESCO & BIRPI) met in: Lausanne (1971); Paris (1972);Nairobi (1973). These meetings laid the foundation for the 1974 Brussels Diplomatic Conference. 1973–1974 Parallel Negotiations Alongside the Brussels Convention, an Intergovernmental Committee under Article 32 of the Rome Convention developed a model law on the protection of performers, producers of phonograms, and broadcasting organizations. 1996 WIPO Internet Treaties During negotiations of the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), there was renewed momentum for a separate treaty on broadcasting, leading to the establishment of the Standing Committee on Copyright and Related Rights (SCCR). 1998 SCCR Agenda The protection of broadcasting organizations was formally added to the agenda of the SCCR, created by the 32nd WIPO Assemblies (March 25–27, 1998). SCCR/1: 1998 Existing legislation on broadcast  Memorandum about the “Existing International, Regional and National Legislation Concerning the Protection of the Rights of Broadcasting Organizations” (SCCR/1/3). SCCR/2: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  Documents on the “Protection of the Rights of Broadcasting Organizations Submissions Received from Member States of WIPO and the European Community” (SCCR/2/5) and “from Non-Governmental Organizations” (SCCR/2/6; SCCR/2/6/REV) and “Addendum Concerning the Submission by the National Association of Commercial Broadcasters in Japan (NAB-Japan)” (SCCR/2/6 ADD.). Submissions by Mexico (SCCR/2/7) and by the United Nations Educational, Scientific and Cultural Organization (UNESCO) (SCCR/2/8) on the “Protection of the Rights of Broadcasting Organizations”. “Report on the Regional Roundtable for Central European and Baltic States on the Protection of the Rights of Broadcasting Organizations and on the Protection of Databases, Held in Vilnius, from April 20 to 22, 1999”,  submitted on behalf of Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic,  Hungary, Lithuania, Romania and the Slovak Republic (SCCR/2/10 REV.); “Submission by Cameroon” (SCCR/2/12, presenting the “state of Cameroonian legislation on the protection of broadcasting organizations” and “proposals for the strengthening of the international protection of broadcasting organizations”, pp.2-3).  SCCR/3: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  “Report of the Regional Roundtable for African Countries on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Cotonou, from June 22 to 24, 1999”, submitted on behalf of Benin, Burkina Faso, Cameroon, Ghana, Guinea, Kenya, Malawi,  Mali, Mauritius, Niger, Nigeria, South Africa, Togo and United Republic of Tanzania (SCCR/3/2); Proposal on the “Protection of the Rights of Broadcasting Organization” submitted by Argentina (SCCR/3/4); Proposal on the “Protection of Audiovisual Performances; Protection of the Rights of Broadcasting Organizations”, submitted by  United Republic of Tanzania (SCCR/3/5); “Statement Adopted at the Regional Roundtable for Countries of Asia and the Pacific on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Manila, from June 29 to July 1, 1999”, submitted by Bangladesh, China, Fiji, India, Indonesia, Mongolia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Viet Nam (SCCR/3/6). SCCR/4: 2000 Invitation to submit proposals “59. The Standing Committee decided to invite governments to submit […] proposals in treaty language […].” (SCCR/4/6 Report, p.12) SCCR/5: 2001 Different proposals and a comparative table Proposals on the “Protection of Broadcasting Organizations” submitted by Kyrgyzstan (SCCR/5/2), Sudan (SCCR/5/3), and Japan (SCCR/5/4). “Protection of the Rights of Broadcasting Organizations: Comparative Table of Proposals Received by April 30, 2001”, prepared by the Secretariat (SCCR/5/5). “The Standing Committee made the following decision: […]  B. Rights of Broadcasters: (i) the issue would be the main point on the Agenda of the next meeting of the Standing Committee; (ii) the Secretariat would invite the Governments and the European Community to submit additional proposals on this issue, preferably in treaty language[…]” (SCCR/5/6).  SCCR/6: 2001 Multiple submissions on the topic of the rights of broadcasting organizations Proposals on the “Protection of the Rights of Broadcasting Organizations”, submitted by the European Community and its Member States (SCCR/6/2)

Blog, Broadcast Treaty, WIPO-SCCR

Is the draft Broadcast Treaty consistent with the General Assembly mandate?

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The World Intellectual Property Organization (WIPO) recently published a new draft of the proposed Broadcasting Organizations Treaty as document SCCR/47/3 in preparation for the 47th meeting of the Standing Committee on Copyright and Related Rights (SCCR/47) in December 2025. The draft does not differ in its main provisions from previous drafts, and this raises questions as to whether the document fulfils the mandate given to the SCCR by previous WIPO General Assemblies. Below we provides an analysis of the chair’s draft edits. We focus on the substantive changes in SCCR 47/3 as well as on the more controversial provisions, most of which are unchanged in this draft. The central question for the Broadcasting Treaty, in line with the 2007 General Assembly Mandate, is whether there is sufficient “agreement on objectives, specific scope and object of protection” to warrant a recommendation for a diplomatic conference. (WO/GA/34/16). The 2006 WIPO General Assembly mandated that the Broadcasting Treaty be “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006). Key issues include whether the treaty should include any exclusive rights, rather than only general obligations to prevent piracy (similar to its current Art. 10 and to the substance of the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite); whether it should extend to rights of fixation and to “stored programmes”; whether to enable remuneration schemes for retransmissions; and how to broaden the limitations and exceptions to ensure that broadcast rights cannot prohibit uses permitted by copyright exceptions. To download or print this analysis, see the pdf below. Analysis and commentary by section on the latest draft of the Broadcast Treaty Updated Broadcast Treaty. New text in SCCR 47/3 in green.   Comments and Suggestions 2. Definitions SCCR 47 added:  2.06 In the Draft Text, there is no definition of the term “broadcast”.  The object of protection of the Treaty is the transmission of the programme-carrying signal, which constitutes the broadcast.  The broadcast represents the output of the activity in which a broadcasting organization is engaged, namely “broadcasting”, which is already defined in item (a). Furthermore, the term “broadcast” is not employed in the Draft Text. (g) “stored programmes” means programmes, which a broadcasting organization owns or regarding which it has acquired transmission rights with the intention of including them in its linear transmission, or which have originally been transmitted in a linear transmission by a broadcasting organization, For those that want to extend protections of the treaty to streaming on the Internet, a key challenge is how to achieve this goal while limiting any protection to traditional broadcasters rather than to streaming companies such as YouTube, Spotify, etc.  The definition of a broadcasting organization applies to any organization that “takes the initiative and has the editorial responsibility for the transmission, …; the programmes of a broadcasting organization form a linear programme-flow.” “Linear program flow” means scheduled programming. Internet streaming companies often show some scheduled programming and thus could be considered covered broadcasting organizations. The definition of “stored programmes” attempts to limit application to more traditional broadcasters by requiring that such programs be owned or licensed “with the intention of including them in its linear transmission.” Most of the content from streaming companies is not intended to be included in a linear transmission.  There is a policy question about why there is a need to cover stored transmissions at all. As the definition notes, such programs are normally either owned or licensed by the broadcaster, which then would have all copyright rights to combat piracy of the programs.  Commenters have offered changes to restrict the scope of the treaty to traditional broadcasting. Hugenholtz (2023) proposes that the definition of covered broadcasts exclude transmission of stored programs on demand by covering only “simultaneous reception by the general public of a programme-carrying single, where the programmes are provided in a prescheduled and linear order.” This is similar to the Rome Convention, which defines “rebroadcasting” as “the simultaneous broadcasting by one broadcasting organisation of the broadcast of another.”  Love advises adding that the signal be “from a single source point to multiple recipient points,” which would exclude on demand point-to-point transmissions.  Article 3: Scope of Application (2) The provisions of this Treaty shall apply as well to the protection of programme-carrying signals of the broadcasting organizations used in their transmissions when providing access to the public to the stored programmes of the broadcasting organizations.… (6) Contracting Parties may, in a notification deposited with the Director General of WIPO, declare that they exclude broadcasting organizations that exclusively transmit their linear programme-carrying signals by means of computer networks from the scope of application of this Treaty.  Such notifications may be deposited at the time of ratifications, acceptance or accession, or at any time thereafter; in the last case, it shall become effective six months after it has been reposited. The treatment of webcasters has long been a controversial issue in the negotiation, with some arguing that to be limited to traditional broadcasting the treaty should exclude application to webcasts that never make use of traditional airwave-based broadcasting. Proponents of such extension point to the transition of some providers to web-only transmission.   The draft makes clear that countries may exclude webcasters through a reservation.  To limit the text to traditional broadcasting, Art. 3(2) and (6) could be deleted.  Article 6 Right of Retransmission to the Public […]  (2) Any Contracting Party that, before the entry into force of this Treaty, did not provide a right under paragraph (1) to broadcasting organizations in respect of entities that merely retransmit programme-carrying signals for the reception by the public while providing reasonable remuneration to rightholders of the programmes carried by such signals, may continue such a domestic legislative arrangement. One problem with giving broadcasters a right to prevent retransmissions to the public of their signals is that many countries require such retransmissions, for example to carry public broadcasts over cable, internet, or other forms of service that

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Knowledge Ecology International will host roundtable on negotiating text for a WIPO Broadcast Treaty, April 3, 2025

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In a Knowledge Ecology International (KEI) post made earlier today by James Love, KEI announced that it will host an informal roundtable on the WIPO broadcast treaty text that will be discussed at the WIPO SCCR 46 meeting from April 7 to April 11, 2025.  The meeting documents are available from WIPO here: https://www.wipo.int/meetings/en/details.jsp?meeting_id=86568, including the current negotiating text, here: https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=641471 KEI’s announcement on the roundtable is linked here and can be read below: The format of the roundtable will be an information discussion of specific articles in the text, dealing with such issues as the definitions of beneficiaries and protected broadcasts, the rights granted, the provisions on national treatment and formalities, the treatment of fixation and post fixation rights (if any), the duration of protection, limitations and exceptions to rights, and other topics. Sean Flynn, The Director of the Program on Information Justice and Intellectual Property at American University Washington College of Law, Luis Villarroel Villalon, the Director of Innovarte ONG in Chile, and James Love, Executive Director of KEI, will present some proposals for the text, but any of the particpants in the Zoom call will be encouraged in participate and share views as well. The discussion will be recorded. To register for the call, use this link: https://us02web.zoom.us/meeting/register/eeboYsSbSXSkDL6Xx3bsnA KEI will be posting links to some additional links to background documents shortly. 2023. Love, James P., “Comments on the September 6, 2023 Draft of a WIPO Broadcasting Treaty, the Definitions, Scope of Application, National Treatment and Formalities” (2023). Joint PIJIP/TLS Research Paper Series. 110.https://digitalcommons.wcl.american.edu/research/110 2023. James Love. The Trouble With the WIPO Broadcasting Treaty. Joint PIJIP/TLS Research Paper, Series. 85. March 2023. https://digitalcommons.wcl.american.edu/research/88 2023. Bernt Hugenholtz, Simplifying the WIPO Broadcasting Treaty: Proposed Amendments to the Third Revised Draft,https://digitalcommons.wcl.american.edu/research/111 2023. Bernt Hugenholtz, The WIPO Broadcasting Treaty: Comments on the Second Revised Draft,https://digitalcommons.wcl.american.edu/research/84 2025. SCCR 46, PIJIP Technical Comments 2025. Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; McGee, Katie; Misto, Yara; and Flynn, Sean Michael Fiil, “Documentary History of the Broadcast Treaty in the SCCR (Global Version)” (2025). Joint PIJIP/TLS Research Paper Series. 145.https://digitalcommons.wcl.american.edu/research/145

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The (Long) Road to the Broadcast Treaty: A Brief History

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Lokesh Vyas; Luca Schirru; Sean Flynn  Members of the research team from the Program of Information Justice and Intellectual Property (PIJIP)’ Geneva Center published a “Documentary History of the Broadcast Treaty in the SCCR” (2025). Joint PIJIP/TLS Research Paper Series. 145. https://digitalcommons.wcl.american.edu/research/145/ The document traces the discussions and statements made by Member States across all SCCR and General Assembly meetings from the launch of the Standing Committee on Copyright and Related Rights in 1998 to the 45th meeting of the committee in 2024. The history can be used to analyze the evolution in the statements, positions, and proposals of countries over this long history. This note describes the pre-history of the Broadcasting Treaty before the creation of the SCCR. Berne Convention Broadcasting entered the international copyright scene in the 1928 Rome Revision of the Berne Convention, with the introduction of Article 11bis to the Berne Convention: “Article 11bis: (1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing the communication of their works to the public by radio-diffusion.(2) The national legislations of the countries of the Union may regulate the conditions under which the right mentioned in the preceding paragraph shall be exercised, but the effect of those conditions will be strictly limited to the countries which have put them in force. Such conditions shall not in any case prejudice the moral right (droit moral) of the author, nor the right which belongs to the author to obtain an equitable remuneration which shall be fixed, failing agreement, by the competent authority.”[2] The exclusive right in 11bis is limited to communications “to the public” by the particular means of “radio-diffusion.” It thus did not cover issues such as rebroadcasts by other means (e.g. cable, internet, etc.) or one-to-one transmissions. Article 11bis(2) gives governments flexibility in how to regulate the right. The importance of public interest regulation was emphasized by the Sub-Committee on Broadcasting which discussed the issue at the conference.[3]  In 1948, Article 11bis(1) was expanded to cover additional technologies, and Article 11bis(3) was introduced, creating an exception for “ephemeral recordings made by a broadcasting body by means of its own facilities and used for its own emissions”.[4] The provision also permitted legislation to authorize the preservation of such recordings in official archives if they held exceptional documentary value.  The 1967 Stockholm Revision brought further modifications: Article 11bis(1) was revised to include the terms “broadcasting” and “rebroadcasting”. Article 11bis(2) remained unchanged; the wording of Article 11bis(3) was slightly modified, though without any substantial legal effect. Rome Convention The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961) convened jointly by two UN agencies: ILO and UNESCO, as well as BIRPI (WIPO’s predecessor), included a related right of broadcasting organizations. As James Love has described:  “Broadcasting organizations made a discrete case for inclusion in the treaty as a beneficiary, even when making no creative contribution. Backed by sheer lobbying power, broadcasters claimed that, unlike theater owners, record or bookstores, they were tasked with making works available to the public without direct compensation from listeners, often with additional public service obligations, and were entitled to rights, even when none existed for the works broadcast.”[5] The treaty defined “broadcasting” as “the transmission by wireless means for public reception”[6] and “rebroadcasting” as “the simultaneous broadcasting by one broadcasting organisation of the broadcast of another broadcasting organisation”.[7] The treaty was thus limited to the protection of live broadcasts by traditional wireless means. The Rome Convention included a list of permissible limitations and exceptions.[8] Brussels Convention As Delia Lipszyc noted with the rise of orbiting or geostationary satellites in international telecommunications since 1965, broadcasting organizations expressed the need for adequate protection against the ‘piracy of signals’ when their television programmes were transmitted by space satellites.[9] The Rome Convention left ambiguity on this issue as it only covered “wireless” transmissions, raising doubts about whether it applied to broadcasts relayed through satellites.  International discussions on the legal challenges of “intercontinental broadcasts of television programmes by satellite” began in 1968 and 1969. Following these meetings, UNESCO and BIRPI jointly convened a Committee of Governmental Experts to examine copyright and related rights issues affecting performers, phonogram producers, and broadcasters due to satellite transmissions. The committee met three times—in Lausanne (1971), Paris (1972), and Nairobi (1973)—laying the groundwork for the 1974 Diplomatic Conference in Brussels.[10] In the 1974 Brussels Diplomatic Conference Report, Lipszyc notes that the General Rapporteur highlighted the issue’s urgency, as recognized by the three Committees of Governmental Experts. They explored several possible solutions, including: 1.) the revision of the International Telecommunication Convention or of the annexed Radio Regulations; the revision of the Rome Convention (1961); 2.) the adoption of a new multilateral Convention; or 3.) some other formula, such as the confirmation of the existing international agreements or 4.) the adoption of a straightforward resolution condemning the piracy of signals. Quoting from Lipszyc:  “As the preparatory work progressed, a consensus emerged in favour of the third solution; even though some countries considered that the Rome Convention granted broadcasters protection against unauthorized rebroadcasting of their signals transmitted by satellites, it was still clear that, because of the few accessions to that Convention, it did not immediately lend itself to a solution of this problem at world level. … At the meetings of the three Committees of Experts, discussions focused mainly on a number of drafts of a new multilateral convention designed to prevent the rebroadcasting of signals transmitted via satellites by distributors for whom they were not intended; but it proved particularly difficult to arrive at a general consensus on the content and terms of this Convention”. The above-referred Report highlighted that the main difficulty arose at the meeting of the First Committee of Governmental Experts (Lausanne, 1971) and took up a great deal of the proceedings of all three preparatory meetings. The problem was to know whether, if exclusive rights were granted to the originating broadcasting organizations in the sphere of private law and within a new international

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