Steering Committee on Media and Information Society (CDMSI)

2nd meeting – 27 November 2012 – 09h30 to 30 November 2012 – 17h00
(Strasbourg, Palais de l’Europe, Room 2)

Draft 14/09/12 Rev 26/10/12

Council of Europe work on broadcasters’ neighbouring rights
Information note for the 2nd CDMSI meeting

The CMDSI Terms of Reference include the following as an expected result: “a draft convention on broadcasters’ neighbouring rights is prepared in 2012 if a standstill persists within WIPO [World Intellectual Property Organisation] and on condition that the European Commission obtains a mandate to negotiate such a convention within a Council of Europe framework”.

This note provides an overview of the state of play in respect of these conditions.

EC mandate

On 9.02.2011, the European Commission (EC) submitted a recommendation to the Council to authorise the Commission to negotiate on behalf of the Union a Convention of the Council of Europe on the protection of the rights of broadcasting organisations.

On 13.12.2011 the Council and of the Representatives of Governments of the Member States meeting within the Council decided that the principal negotiator shall be determined on a case by case basis, depending on whether the specific subject matter being negotiated falls within the competence of the European Union.

On 1 March 2012, the EC filed an action for annulment of this decision before the Court of Justice of the European Union.

WIPO developments

The Standing Committee on Copyright and Related Rights (SCCR) at its 24th session July 2012 pursued discussions that led to the adoption of a single text titled “Working document for a treaty on the protection of broadcasting organizations”. The SCCR agreed to recommend to the WIPO General Assembly that the Committee continue its work toward a text that will enable a decision on whether to convene a diplomatic conference in 2014.1

Given that the two conditions for starting Council of Europe work on the protection of neighbouring rights of broadcasting organisations are not met no further action is suggested at this stage.