digital media & copyright

Digital Broadcasting &Copyright

Pria Chettypria@chettylaw.co.za

Chetty Law

Mission

Copyright Law in SA

Digital Media & Copyright

Digital Broadcast Scenarios & Approaches

1 Digital Media (Legal terms)

“Forms of media content that combine and integrate data,

text, sound, and images of all kinds, are stored in digital

formats, and are increasingly distributed through the digital,

networked environment”

2 Digital TV

“operates by means of compressing data digitally which

is then transported to either a set top box (STB) or a television containing a digital decoder

where the images and sounds are decoded”

terrestrial, satellite, cable, mobile,

3 Copyright Law in SA

- SA Copyright Act No. 98/1978 (as amended) & Regulations

- Berne Convention - TRIPS (Agreement on Trade-Related Aspects of IP Rights)

- WIPO Copyright Treaty & - Performances & Phonograms

Treaty

3 Works Protected

Literary, musical and artistic works

Sound recordings

Computer programs

Cinematographic films

Broadcasts

Programme-carrying signals

Published editions

2 Copyright Law in SA

Original & Fixed Form = ©

Limited duration of 50 years*

Holder of CopyrightAuthor/ Creator/ Employer/ Contractor

Work (and rights) may be licensed, assigned, commissioned,

bequeathed,

1

3 Exclusive Rights

Copyright Act grants owners of copyright (authors and other creators of intellectual

property) the right

To Reproduce To make adaptations based on the original work

To broadcast To cause the work to be transmitted in a

diffusion serviceTo distribute copies

To perform To display the work in public.

3 Broadcast

Copyright Act “a telecommunication service of

transmissions…. Which takes place by means of electromagnetic waves of frequencies of lower than 3 000GHz

transmitted in space without an artificial conductor; and, is intended for reception by the public (or sections of the public), and includes the emitting of programme

carrying signals to a satellite ….”

ECA has a more convergent definition

3 Copyright Infringement

Criminal Offence

ExceptionsFair dealing for the purpose of research

or study

Fair dealing for the purpose of criticism or review

Statutory licenses

4 Digital Media & Copyright

Optimal BalanceEfficiency in markets

Enter Digital TechnologiesIncrease ways to consume work

Increase methods to protect workAbility to reproduce and distribute

Economics Question

Copyright Holders

Content Providers

Technology Companies

Consumers

Legal... “Challenges”

5 Copyright Uncertainty (Legislation)

Fair Dealing?

Multiple Copying?Technical process automatically creates

more than 1 copy Digital preservation involves Re-mastering

(new media) and Reformatting (technical changes)

Does not permit adaptations/ conversionswithout prior permission

Permission based but rights holders reluctant to provide permission

5 Copyright Uncertainty(Community)

What intellectual property rights do I have over which

content?

What intellectual property rights do third parties have

over which content?

http://www.boston.com/ae/tv/articles/2009/05/03/to_put_shows_online_the_price_is_rights/

http://www.boston.com/ae/tv/articles/2009/05/03/to_put_shows_online_the_price_is_rights/

Click icon to add picture

http://www.newstatesman.com/scitech/2009/05/pirate-bay-swedish-file-rights

http://www.newstatesman.com/scitech/2009/05/pirate-bay-swedish-file-rights

http://washingtontimes.com/news/2009/may/01/protecting-intellectual-property-digital-age/

Boardroom Conversations

6 Broadcaster’s Rights

Which archived content may be rebroadcast/ published?

How was the content acquired?How will the content be acquired?

First Owner?Assignment, Licensed, Commissioned, Sold?

Rights to adapt?

Audit of Contracts & PoliciesNew contracts – tech neutral

7 Exploitation

Old forms of distribution & accessTheatre, Video (sale & rental), Pay TV,

Free to air TV

New forms of distribution & accessPay per view, Cable, Direct to Consumer

Distribution chain management

8 DRM

WIPODigital Broadcasting Project

Content Protection Copy Management (broadcast flags)/encrypted signals that

prevent/monitor disseminationmany debates & issues of privacy

WCT

9 Needletime

WPPTIssue of Needletime

“...payment of a royalty for the use of a sound recording for public performance or

the remuneration of an actor for a performance on television”

“protects against the removal or alteration of information which may identify the

performer, the performance and the producer and which is necessary for the

management of the rights”

10 Limitation of Liability of

Service Provider Exploitation“service provider who infringes copyright

by for example, storing or transmitting material through a network or system

controlled by them and where the storage or transmission is carried out through “an automatic technical process” and without

selection or modification by the service provider”

11 ECT Act

Limitation of Liability of Service Provider

Cyber Crime Provisions

12 Licensing Framework

How can users use the content that we

broadcast/publish?

Special Requests (Linking, Attribution, Non-Commercial

Use only)

http://www.the33tv.com/kdaf-termsofservice,0,5658766.blurb

12 Copyleft

Copyleft describes a group of licenses applied to works such as software,

documents, and art. Where copyright law is seen by the original proponents of

copyleft as a way to restrict the right to make and redistribute copies of a

particular work, a copyleft license uses copyright law in order to ensure that every

person who receives a copy or derived version of a work, can use, modify, and

altribute both the work, and derived versions of the work. ...

en.wikipedia.org/wiki/Copyleft

13 Terms of Service

Warranty

Limitation of Liability

Indemnification

http://www.youtube.com/t/terms

Pria Chetty

p r i a @ ch et ty l a w. co . z a0 1 1 4 6 3 6 3 6 80 8 3 3 8 4 4 5 4 3

w w w. ch et ty l a w. co . z a

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