SCREENING
TODAY
WEDNESDAY
NOV 3
HOME Connect to Daily Editions @ Berlin – MIPTV – Cannes - MIPCOM
SynopsisandTrailers.com = RWCB = READ the Synopsis – WATCH the Trailer – CONNECT to Seller – BUY Product
NEW - Buyers’ One Stop PRODUCT GUIDE SEARCH @ the Markets Paperless - Weightless - Green
AFM 2010 Bumper Online - AFM 2010 Daily Editions - Unabridged AFM Product Guide + Stills Tomorrow
Nov 4th
Contact David Shoshan ImageWorks Loews 506
Keep In Touch With Home
View World Newspapers
Pravda
Sydney Morning Herald
The Toronto Star
China Times
Le Figaro
Die Welt
Ming Pao
The Times of India
The Jerusalem Post
La Repubblica
The Japan Times
New Zealand Herald
al-Jazirah
Sowetan
La Vanguardia
Dagens Nyheter
Financial Times
New York Times
Independent
Market Press Releases - press@thebusinessoffilm.com
New Service And Protection Of
Broadcasters In Copyright Law
Villa Schutzebberger home of
European Audiovisual Observatory
  
The internet is the new pioneering delivery platform for content and of critical importance to filmed entertainment when the issue of piracy is taken into account. The Internet is propelling future revenue streams for film and content makers through the 21st century. In this new uncharted virtual space many copyright laws in existence don’t cover the speed with which technology is able to constantly evolve and radically change the distribution platform for content. The Business of Film has been given exclusive permission to publish relevant extracts from a report New Services and Protection of Broadcasters In Copyright Law co-written by Anne Yliniva-Hoffmann/Peter Matzneller, Institute for European Media Law (EMR), Saarbrücken/Brussels to alert film and program makers of cases brought to the attention of European courts.

REPORT PUBLISHED BY THE EUROPEAN AUDIOVISUAL OBSERVATORY
In autumn 2004 a European Audiovisual Observatory publication had already investigated one aspect of the issue. In IRIS plus The Legal Protection of Broadcast Signals, describes in detail current provisions for the international protection of broadcast signals. Due to the lack of a successful conclusion to the WIPO negotiations, the snapshot from 2004 has remained largely unchanged. The aforementioned publication did not examine the protection of broadcasters in relation to the content of their programs. In the meantime, the fact that broadcasters are extending their traditional broadcasting services to include more comprehensive audiovisual media services is increasing the need for this information gap to be filled. Consequently, the lead article considers whether the protection of broadcasting rights is adequately regulated for broadcasters in the current context, which is characterized by the advantages and disadvantages of digital technology. What does it all mean for authors and holders of copyright-related rights? What conflicting interests must be taken into account? What different scenarios are there, and what legal developments? Under the committed guidance of Alexander Scheuer, Anne Yliniva-Hoffmann and Peter Matzneller have sounded out the current situation and investigated the protection of broadcasting organizations, particularly with regard to content that lies outside that of traditional television services. They have also looked into the current political debate concerning a possible Council of Europe instrument regulating copyright-related rights of broadcasters.

SELECTED EXRACTS TO THE ABOVE OVERVIEW:
In this age of digitization and convergence, the broadcast signal can be captured in various ways. Apart from the permission-free use of program content by “viewing” or “listening”, there is also the possibility of (direct) access to the signal, which can be obtained for example by breaching a conditional access system or through the unauthorized onward transmission of the signal. In addition, the signal can be (indirectly) used for offering already broadcast content for downloading or distribution via so-called streaming. It is first necessary to store the signal before it is retransmitted. The possibility for the user to access programs that have already been broadcast is increasingly becoming the focus of attention.

1.1. PORTALS
Portals are understood to be services that enable users to access program content by taking one or more selection steps. They are organized either in the form of real-time onward transmission or by making programs available on a time-shifted basis.

EDITED EXTRACTS ONE:
In a case brought by the Warner Bros. and Universal film studios against the online TV service Zattoo, the Landgericht Hamburg (Hamburg Regional Court) ruled on 8 April 20096 that the defendant was in breach of German copyright law. With its portal Zattoo.de, Zattoo offers a service through which programs are provided at the same time as they are broadcast on public free-to-air television. In order to do this, it captures and encrypts the broadcasters’ signals. To this end, the signals are not stored permanently but only temporarily. The data are then forwarded to Zattoo’s registered customers, who can view the programs they want using the free software available. The transmissions are subject to territorial limitations in accordance with the agreements reached with the broadcasters concerned. The service is funded by advertising. In the case in issue, several feature films in which the plaintiff film studios held the exclusive exploitation rights had been retransmitted via the Zattoo service. The public service broadcasters ARD and ZDF had broadcast the films in question with the relevant license from the plaintiffs and at the same time permitted, subject to their agreement with the collecting societies concerned, the simultaneous and unaltered retransmission via Zattoo. The plaintiffs considered that their right in the public transmission had been breached and applied for an injunction.

Consequently, section 20b of the Copyright Act could not be applied to the service provided by Zattoo. The right concerned was the right of public performance under section 15(2) of the Copyright Act, which comprised the right of transmission (section 20) and the right to make publicly accessible (section 19a). However, Zattoo had no license to exploit those rights and the permission of the film studios themselves was required to retransmit the films on the Internet.

EDITED EXTRACT TWO:
In this context, it is also worth mentioning the judgment of the Paris Tribunal de Grande Instance (Regional Court) of 18 June 2010. The proceedings concerned an action brought by the French private broadcasters M6 and W9 against the company SBDS Active, which provides the Internet service tv-replay.fr. The main objective of the service is the collection and user-friendly compilation of references to individual programs in the freely available media libraries of France’s best-known television channels (catch-up TV). The broadcasters considered the unauthorized public transmission of their programs to be a breach of their copyrights. In the court’s opinion, however, the service only provides the user with assistance in finding the desired programs, whereas they are actually accessed via the original provider. The court therefore came to the conclusion that a mere compilation of references did not constitute the public transmission of the content and therefore rejected the plaintiffs’ claim of a breach of Article L 122-2 of the French Intellectual Property Code. Indexing services.

The complete report outlining description of the legal protection of broadcast signals can be accessed @ http://www.obs.coe.int/oea_publ/iris/iris_plus/2010-5.html

About The European Audiovisual Observatory
Set up in December 1992, the European Audiovisual Observatory's mission is to gather and distribute information on the audiovisual industry in Europe. The Observatory is a European public service body comprised of 36 member states and the European Community, represented by the European Commission. It operates within the legal framework of the Council of Europe and works alongside a number of partner and professional organizations from within the industry and with a network of correspondents. In addition to contributions to conferences, other major activities are the publication of a Yearbook, newsletters and reports, the compilation and management of databases, and the provision of information through the Observatory’s Internet site http://www.obs.coe.int

Featured Companies
 
 
 
     
Product Highlight 2010

Seafood
Golden Network Asia Limited
Loews 437
 
 

Contact Us | www.thebusinessoffilm.com | Unsubscribe

Copyright 2010 The Business of Film™ and Elspeth Tavares™ No portion of this online publication, or its printed matter, may be reproduced without
the exclusive permission or granting of reprinted rights from the publisher.  For licensing queries, please view the "Contact Us" page for the publisher's contact information.