E sccr/21/2 Original: English date: August , 2010 Standing Committee on Copyright and Related Rights Twenty First Session Geneva, November to 12, 2010


Broadcasters/Cablecasters and Cable and Satellite System Operators



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Broadcasters/Cablecasters and Cable and Satellite System Operators


56 This category of stakeholders is primarily radio and TV channel broadcasters and cablecasters who acquire content rights for the purposes of distribution by signal transmission. In this regard, they are traditionally seen as having related rights rather than central copyrights because of their roles in distributing content to the public. It must be recognized that the development of contemporary telecommunications based platforms serving some functions of traditional broadcasting is creating new players with some parallel interests.

57 The primary interests of this category of stakeholder are to protect the value of their broadcasts, to gain economic benefit from subsequent uses of their signal streams (in which content is embedded), and to halt uses that may interfere with economic benefits from subsequent uses that they may prefer. Some assert interests that are more akin to moral rights than economic rights that would allow them to choose whether and how retransmission can occur regardless of its economic effects.

58 The position of broadcasters and cablecasters is complicated because they may own only some or none of the content rights in the signal stream. They may own content that they have produced themselves, may have acquired rights to broadcast some programs,13 and may make use of publicly available content—such as the stream from parliamentary meetings. Broadcasters cannot fully exploit all subsequent uses of broadcasts without subsuming rights to all the embedded content or ensuring that the rights or licenses they acquire are extensive enough to cover those subsequent uses.

59 Amongst these stakeholders are regional broadcasting unions, commercial television channels, cable and satellite associations, public broadcaster organizations, and related technology manufacturing associations. Where they exist, signal distribution agencies that supply services on contract to broadcasters and cablecasters are also stakeholders.14



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