Right of Fixation
208 Broadcasting organizations have the exclusive right to authorize or prohibit the fixation of their broadcasts under the Rome Convention. The TRIPS Agreement grants broadcasting organizations an optional right to prohibit the fixation of their broadcasts undertaken without their authorization.
209 The rapid development of broadcasting media technology, with its succession of new systems of fixation, has been seen by some to justify the need for a fixation right to close loopholes in the protection provided, as for example in the case of reproduction and distribution of copies of fixations of broadcasts.72 Conceptually, the right of fixation is seen as the basis for the exploitation of post-fixation rights, including reproduction, distribution and rental of fixations (with their various limitations and exemptions). Proponents believe that if broadcasting and cablecasting organizations are not provided with fixation rights, the justification for post fixation rights becomes questionable for lack of basis.
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