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Author: Megumi Ogawa
This book deals with a highly topical area: the protection of broadcasters’ rights. It is an area in which the World Intellectual Property Organisation (WIPO) has been working to draft a new treaty and has now reached the final stage for conclusion of the treaty.
The author analyses the formation and subsequent development of the legislation for protecting broadcasters’ rights, and discusses the current legal issues arising out of current proposals at the international and domestic levels to upgrade that protection. The focus of the work is the international protection of broadcasters’ rights as well as in the two jurisdictions which are representative of the two-different approaches to protection: Australia and Japan. This volume provides a detailed account of the relevant international treaties and conventions as well as domestic legislation, and provides insightful arguments that present the optimal approach of the future protection of broadcasters’ rights.

'This book is an invaluable contribution to our understanding of the issues relating to the protection of broadcasters' rights. The book provides a comprehensive analysis of the protection of broadcasters' rights based on the differing approaches adopted by the common law and civil law systems'.
From the foreword by The Honourable Sir Anthony Mason AC KBE CBE.
Author: M. Sakthivel

Article 1 1. Each contracting country undertakes to protect performers who recite, present. or perform works, 1 manufacturers of phonographic records and similar instruments, and broadcasting organisations when that country is the country of origin as defined in Article 2 below, or when the

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

Article 1 1 1. Without prejudice to the rights belonging to the authors of literary and artistic works the contracting countries undertake to protect performing artist who recite, present or perform works, manufacturers of phonographic records and similar instruments, and broadcasting organisations

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

the broadcasters’ is outside the Copyright law for their signal 24 which is not relevant for our present discussion. However, when a broadcaster deals with copyright content, if the broadcaster wishes to take any legal actions against any of unauthorized rebroadcasting/simultaneous broadcasting

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

for the owner of a copyright. In the present context, one of the fastest evolving new medium of communication of authors’ work over internet is live streaming technology. Within a short span of time, it has substantially penetrated into different parts of the globe, particularly in to the

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

, Bombay, Calcutta, Madras, Lucknow and Tiruchirappalli ) which broadcasted Nehru’s ‘Tryst with Destiny’ speech. When India became independent, air ’s network had a total complement of only 18 transmitters, six of them on medium wave (MW) and the remaining on short wave (SW). At present, air possesses

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

the natural barriers such as weather and other physical interferences. However, in the FM method, the possibility of external influence is far less than AM which is the reason why FM is preferred over AM for audio broadcasting in most of the cities at present. 9 The limitations of radio-diffusion are

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

broadcasters 3. Draft on information by the press 4. Draft on droit de suite These four drafts were prepared with an aim of presenting it to the Berne Union meeting supposed to be held at Brussels in 1939 which could not take place. 29 Combining the performers and the producers into one category had been

In: Broadcasters’ Rights in the Digital Era
Author: M. Sakthivel

the context of technology, it is highly pertinent to look into the market trends of piracy so as to understand the possibility of signal piracy in the digital context which is otherwise present in the analogue broadcasting. With the advancement of technology in broadcasting, as of today the

In: Broadcasters’ Rights in the Digital Era