WIPO treaty on the protection of broadcasting organisations课件.ppt

WIPO treaty on the protection of broadcasting organisations European Commission hearing Monday 12th February 2007 Tom Rivers External legal adviser to the Association of Commercial television in Europe (ACT) 精品文档 Objectives of the Treaty What Treaty elements would provide effective protection against signal theft? How can broadcasting organisations best be protected against the unauthorised exploitation of their signal? What protection do broadcasting organisations need on an international plane against “freeriding”? Should the cultural dimension of broadcasting also play a role in defining the Treaty’s objectives? 精品文档 1. What Treaty elements would provide effective protection against signal theft? At WIPO symposia in 1997 and in 1998 broadcasters proposed a list of exclusive rights. These included: Rebroadcasting Cable distribution Making available fixations by wire or wireless so that members of the public may access them from a place and at a time individually chosen (on demand) Communication to the public (public performance) Fixation (other than for private purposes) and any reproduction or distribution of such a fixation Decoding of encrypted broadcasts 精品文档 Q1. (cont’d) The broadcasters’ proposal in its final form also included: limitations and exceptions obligations concerning technological measures and rights management information based on the WPPT. protection for the pre-broadcast signal protection for broadcasts transmitted by the originating broadcaster over the internet (“simulcasting”) . 精品文档 Q1. (cont’d) These elements - identified by the broadcasters in their proposals - recur in most of the (14) proposals made by governments, and their proposals are built on the rights-based approach and the other elements found in Rome and WPPT. Of the 86 countries that belong to Rome, 32 have made proposals to update the protection of broadcasters by “filling the gaps” in Rome. A further six countries - Cameroon, Tanzania, Kenya, Egypt, Singapore and