Is the proposed WIPO Broadcast Treaty unconstitutional? James Boyle sure thinks so, and I’m inclined to agree.

Constitutional questions aside, it sure is a dumb idea: grant broadcasters and webcasters a copyright-like right, lasting 50 years or more, on content they transmit.

The content is already copyrighted, so infringing duplication (e.g., posting sitcoms on BitTorrent) is clearly illegal. The cry is over theft of service, but there’s really no evidence that theft of service is so rampant as to require an international treaty. Broadcasters and webcasters could begin to demand additional licensing fees, as if licensing copyrighted content weren’t hard enough.

Even more deadly, the current draft would impose substantial mandates that technology manufacturers comply with technological protection measures such as any sort of broadcast flag. I encourage you to read more about this terrible treaty. More here, too.

This is a naked power grab by broadcasters with not even a hint of public benefit in return for the rights we would lose. Tell your Senators not to play ball.