215 Effective protection from unauthorized use of broadcasts requires the extension of protection over the entire chain of delivery of broadcasts. It is considered that pre-broadcast signals should come within the scope of the treaty because there is a risk that such signals may be accessed without authorization before they reach the stage of broadcast.
216 The Brussels Convention is the only international treaty that covers pre-broadcast signals. However, the type of protection is not a proprietary right, but rather an obligation for contracting states to take adequate measures to prevent the unauthorized distribution of the pre-broadcast signal by any distributor for whom the signal emitted to or passing through the satellite is not intended.
217 Proponents of the proposed treaty further believe that broadcasting organizations should be equipped with tools to prevent others from distributing program-carrying signals transmitted by satellite which were not intended for reception by the public. These are signals that are sent via a telecommunications link, either to the broadcasters for use in their own broadcasts or by the broadcasters to one or more other broadcasting organizations for use in those organizations’ broadcasts.
218 The process of getting the signal from the studio to the transmitter is not a service provided to the public, but is a process that facilitates the carriage of the signal to a transmitter to enable it to be broadcast to the public. On its own, it therefore, arguably, might not come within the definition of broadcasting or cablecasting service, but it is an essential component of that service. The appropriation of a pre-broadcast or cablecast signal may present an attractive proposition to third parties who could bundle the signal (with its content) into their own services without permission from the originating organization.
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