Unauthorized Fixation
105 Unauthorized fixation occurs when broadcasts are recorded or incorporated using whatever means and medium. The act of recording or incorporating the broadcasts results in a ‘fixation’, which is defined in the proposed treaty as the “embodiment of sounds or of images or of images and sounds or of the representations thereof, from which they can be perceived, reproduced or communicated through a device”.
106 Broadcasts may be recorded in their entirety or in part as in the case of highlights of sports programs. The program highlights may in themselves constitute the entire program when broadcasters invest in the production of the highlights of certain sporting events, such as the FIFA World Cup or the Olympic Games.
107 The proposed treaty does not provide conditions on the permanence or stability of the fixation. This could imply that recordings of broadcasts may qualify as fixations regardless of the duration of the life of the embodiment, subject to the usual authorized exceptions as regards both copyright and signal, such as ephemeral fixations.
108 Unauthorized fixation may also involve the making of still photographs of a broadcast stream if the concept of ‘fixation’ extends to fixing parts of a broadcast. However, this requires an understanding of the technical composition of a broadcast and whether a still picture of a broadcast off a television screen is part of a broadcast. This also requires a determination of whether protected broadcasts involve a singular image or relate to programs in terms of segments, items and themes.
Dostları ilə paylaş: |
