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HEARING ON PROPOSED WIPO TREATY ON BROADCASTING ORGANISATIONS

DG INTERNAL MARKET

ATRIUM SPA/2 BRUSSELS

19 FEBRUARY 2007

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SCCR/15/2/REV provisions within Community law

• Article 10 –right of communication to the public;• Article 11 –right of fixation;• Article 12 –right of reproduction;• Article 13 –right of distribution;• Article 15 –Right of making available of fixed broadcasts;• Article 17 –Limitations and exceptions;• Article 18 –Term of protection;• Article 19- obligations concerning technological measures;• Article 20 –obligations concerning rights management information

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SCCR/15/2/REV in part in the acquis

• Article 9 –right of retransmission

• Article 14 –right of transmission following fixation

• Article 8 (3) of Directive 92/100 “Member States shall provide for broadcasting organisation the exclusive right to authorise or prohibit the rebroadcasting of their broadcast by wireless means…”

• Miscellaneous provisions;

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SCCR/15/2/REV provisions not in the acquis

• Article 16 –protection in relation to signals prior to broadcasting

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 10 –right of communication to the public

• Alternative L;

• Article 8(3) Directive 92/100 “Member States shall provide for

broadcasting organisations the exclusive right to

authorise or prohibit…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”

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 11 –right of fixation • Article 6 of Directive 92/100: “Member States shall provide for broadcasting organisation the exclusive right to authorise or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite”

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 12 –right of reproduction

• Alternative N

• Article 2 of Directive 2001/29 “Member States shall provide the exclusive right to authorise or prohibit direct or indirect , temporary or permanent by reproduction by any means and in any form, in whole or in part:– for broadcasting

organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite;”

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Comparison of the Community acquis and SCCR/15/2 Rev

Article 13 –right of distribution

Alternative P

• Article 9 of Directive 92/100–  “Member States shall provide– For broadcasting

organisations, in respect of – fixations of their broadcasts

as set out in Article 6(2)

The exclusive right to make available these objects, including copies thereof, to the public by sale or otherwise, hereafter referred to as the distribution right”

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 15 –Right of making available of fixed broadcasts

• Alternative R

• Article 3 of Directive 2001/29 “ Member States shall provide for the exclusive right to authorise or prohibit the making available to the public, 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:

– for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 17 –Limitations and exceptions

• Alternative WW

• Article 5(2) and (3) of Directive 2001/29 and

• Article 10 of Directive 92/100;

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 18 –Term of protection• Alternative DD

• Article 3(4) of Directive 93/98– “The rights of broadcasting

organisations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite”

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 19- obligations concerning technological measures

• Alternative MM (1)

• Article 6 (1) of Directive 2001/29;

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Comparison of the Community acquis and SCCR/15/2 Rev

• Article 20 –obligations concerning rights management information

• Article 7 of Directive 2001/29

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Signal based approach