Rights of Broadcasting Organizations - Copyright

Broadcasting organizations rights

The organization of broadcasting or cable broadcasting is a legal entity that independently determines the content of radio and television programs (a collection of sounds and (or) images or their representations) and carries them on air or by cable on their own or with the help of third parties.

The rights of such organizations derive from their creative contribution, namely, the creation of broadcast programs, not from the content of the broadcast, not from the film, for example, but from the very operation of the broadcast. The fact that they are able to transmit signals representing a broadcast transmission gives them protected rights as if on these signals. And here again, the investments and efforts that they are investing in the implementation of various programs that are the subject of broadcasting appear.

The organization of broadcasting or cable broadcasting has the exclusive right to use a message that is lawfully carried out or carried out by it on the air or by cable of transmissions in accordance with Art. 1329 of the US Civil Code in any way that does not contradict the law (the exclusive right to communicate a radio or television program). The organization of broadcasting or cable broadcasting may dispose of the exclusive right to communicate a radio or television program.

Article 1330 of the Civil Code of the United States provides for the exclusive right to radio or television broadcasts and is simultaneously fixed, which should be considered the use of these messages. This norm is reflected in Fig. 6.5.

A record of a radio or television message recognizes the recording of sounds and (or) images or their representations by means of technical means in some material form that allows for its repeated perception , playback, or message.

Playing a record of a radio or television message is defined as making one or more copies of a radio or television message or part thereof in any material form. In this case, the recording of a radio or television message on an electronic medium, including recording into a computer memory, is also considered a reproduction. A short-term recording that is temporary or incidental and constitutes an integral and essential part of a technological process for the sole purpose of the lawful use of a radio or television broadcast message or the transmission of a radio or television message in an information and telecommunications network carried out by an information intermediary between third parties , provided that such a record does not have independent economic significance.

Ways to use a radio or TV broadcast message

Fig. 6.5. Ways to use a radio or TV broadcast message

Dissemination of a radio or television message - sale or other alienation of the original or copies of a radio or television message.

Retransmission - receive and simultaneously broadcast (including via satellite) or cable a full and unchanged radio or telecast or its essential part, broadcasted or by cable through the organization of air or cable broadcasting.

Bringing a radio or television message to the public assumes a message whereby any person can access a radio or television message from anywhere and any time of one's own choice (bringing to the public knowledge).

Public execution - any radio or television message using technical means in places with paid input, regardless of whether it is perceived at the place of the message or elsewhere along with message.

The rental of the original and copies of the recording of a radio or television message - a new rule introduced by Federal Law No. 35-FZ of March 12, 2014.

The broadcasting and cable broadcasting organizations exercise their rights in compliance with the rights of authors of works, the rights of performers, and, if applicable, holders of phonogram rights and rights of other broadcasting and cable broadcasting organizations to radio and television broadcasts.

The rights of the broadcasting or cable broadcasting organization are recognized and act irrespective of the existence and operation of copyright, the rights of performers, and the rights to the phonogram.

The exclusive right to a radio or television message is valid for 50 years beginning on 1 January of the year following the year in which a radio or television message is broadcast in the air or by cable (Article 1331 of the Civil Code of the United States).

In accordance with the Federal Law of December 18, 2006, Law 231-FZ "On the enactment of part four of the Civil Code of the United States" the term of protection of the exclusive right to communicate a radio or television broadcast, as provided in Art. 1331 Civil Code of the United States, is applied in cases when the 50-year period of validity of copyright or related rights has not expired by January 1, 1993.

The law provides for the transfer of the exclusive right of broadcasting or cable broadcasting to a radio or television broadcast message to successors within the remainder of the exclusive right to broadcast a radio or television broadcast.

After the termination of the exclusive right, the message of the radio or television program passes into the public domain, i.е. may be freely used by any person without someone's consent or permission and without payment of a fee.

The effect of the exclusive right to communicate a radio or television program depends on the territorial feature. For example, it operates in the United States if the broadcasting or cable broadcasting organization has its location in the United States and communicates with transmitters located in the United States, as well as in other cases provided for by international treaties of the United States.

thematic pictures

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)