International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

A17.
CONVENTION RELATING TO THE DISTRIBUTION
OF PROGRAMME-CARRYING SIGNALS TRANSMITTED
BY SATELLITE [BRUSSELS SATELLITE CONVENTION]
[Done at Brussels on May 21, 1974]The Contracting States,Aware that the use of satellites for the distribution of programme-carrying signals is rapidly growing both in volume and geographical coverage;Concerned that there is no world-wide system to prevent distributors from distributing programme-carrying signals transmitted by satellite which were not intended for those distributors, and that this lack is likely to hamper the use of satellite communications;Recognizing, in this respect, the importance of the interests of authors, performers, producers of phonograms and broadcasting organizations;Convinced that an international system should be established under which measures would be provided to prevent distributors from distributing programme-carrying signals transmitted by satellite which were not intended for those distributors;Conscious of the need not to impair in any way international agreements already in force, including the International Telecommunication Convention and the Radio Regulations annexed to that Convention, and in particular in no way to prejudice wider acceptance of the Rome Convention of October 26, 1961, which affords protection to performers, producers of phonograms and broadcasting organizations,Have agreed as follows:
ARTICLE 1
For the purposes of this Convention:
i. “signal” is an electronically generated carrier capable of transmitting programmes;
ii. “programme” is a body of live or recorded material consisting of images, sounds or both, embodied in signals emitted for the purpose of ultimate distribution;
iii. “satellite” is any device in extraterrestrial space capable of transmitting signals;
iv. “emitted signal” or “signal emitted” is any programme-carrying signal that goes to or passes through a satellite;
v. “derived signal” is a signal obtained by modifying the technical characteristics of the emitted signal, whether or not there have been one or more intervening fixations;
vi. “originating organization” is the person or legal entity that decides what programme the emitted signals will carry;
vii. “distributor” is the person or legal entity that decides that the transmission of the derived signals to the general public or any section thereof should take place;

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