Wednesday, January 17, 2007

Chair's non-paper on rights

by Manon Ress
Afternoon session SCCR Special session 1
Chair's Non-paper 3#

4 articles of rights to "reformulate" 20 pages of July draft. it is supposed to reflect signal based approach.

Rights in the broadcast
Broadcasting organizations shall enjoy the exclusive right of authorizing
i) the simultaneous or deferred retransmission of their broadcasts by any means, including rebroadcasting, retransmission over computer networks;and
ii) the fixation of their broadcasts.

Protection of Uses following broadcasting
Broadcasting organizations shall enjoy adequate and effective legal protection in respect of

i) the direct or indirect reproduction, in any manner or form, of fixations of their broadcasts;
ii) the making available to the public of the original and copies of fixations (distribution) of their broadcasts, through sale or other transfer of ownership;
iii) the making available tot he public of their broadcasts from fixations, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and
iv) the communication to the public of their broadcasts, if such communication is made in places accessible to the public against payment of an entrance fee, or using very large screens in places accessible to the public, or made in a profit making purpose.

Protection of encryption and relevant information
Contracting parties shall provide for adequate and effective legal protection against unauthorized
i) decryption of an encrypted broadcast
ii) manufacture, importation, sale or any other act that makes available a device or system capable or dcryting an encrypted broadcast; and
iii) removal or alteration of any electronic information relevant for the protection of the broadcasting organizations

Protection of the pre-broadcast signal
Broadcasting organizations shall enjoy adequate and effective legal protection against any acts referred to [Article on rights and Article on encryption] of this Treaty in relation to their signals prior to broadcasting


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