Autores
Gustavo Schötz
Fecha de publicación
2019/2/12
Revista
IDEA: The IP Law Review
Volumen
59
Número
2
Descripción
This article analyzes the process that the international negotiation for a new treaty for the protection of broadcasting organizations has followed over the last nineteen years. Since the adoption of the 1961 Rome Convention, technologies and consumer preferences have changed drastically. None of these changes is considered by the international treaties in force. The right of broadcasting organizations has been established internationally and at the level of national legislations as a related right and an integral part of civil law, especially in those countries that follow the author’s right system. The situation is different in countries where copyright predominates. First, it must be clear that what are protected are the signals, and not the content that is transmitted. The situation of the right-holder is analyzed, including what rights must be granted, and the relationship with the works and other contents that are communicated through the program carrier signal. The position of authors, performers, and other right-holders improves when the broadcaster has remedies to prevent unauthorized retransmission of the program-carrying signal. In the same way, the rights of fixation, reproduction, communication to the public and making available are analyzed.
Artículos de Google Académico
G Schötz - IDEA: The IP Law Review, 2019