85 In broadcast or cable environments some content is fed to broadcasters from live events—sports, concerts, etc. —via microwave, satellite, or broadband telecommunications links, and some recorded programs are being distributed in similar ways. Pre-broadcast signals are sent via these means for broadcasters to include in their own transmissions. The signal transmitted from the studio or the venue of the live event direct to the broadcaster/cablecaster (or to them via terrestrial or satellite transmitters) facilitates creation of the signal that is ultimately broadcast to the public. Because the pre-public transmission signals are not for reception by the public, their transmission is not within the definition of ‘broadcasting’ nor ‘cablecasting’ under the proposed treaty.
86 Unauthorized pre-public transmission signal use occurs when parties intercept those transmissions before they are integrated into the broadcast/cablecast stream and the broadcasters’/cablecasters’ signal. This can occur for the purposes of arranging unauthorized reception, avoiding decryption, or unauthorized retransmission.
