Right of broadcasting organisations
Pursuant to the Copyright and Related Rights Act, a broadcasting organisation is a legal person that takes initiative and has editorial responsibility to compile, distribute and broadcast, including direct injection, of a programme transmitted by a programme signal.
Subject matter of protection of the rights of a broadcasting organisation is a programme signal.
Programme signal is a television or radio signal transmitting a content and intended for reception by the public, wirelessly (including satellite) or by wire.
Exclusive rights of broadcasting organisations relate to:
- fixing their unfixed programme signals;
- reproducing their fixed programme signals;
- distributing their fixed programme signals, except for rental and public lending;
- broadcasting their programme signals;
- rebroadcasting their programme signals;
- transmitting their programme signals by direct injection;
- publicly communicating their programme signals broadcast, rebroadcast, transmitted by direct injection or made available to the public, if such communication is available to the public with ticket payment;
- making their programme signals available to the public;
- communicating their programme signals to the public, including making them available to the public within an ancillary online services;
- communicating to the public, including making available to the public when giving the public access to programme signals uploaded by users on online content-sharing service providers.
A broadcasting organisation has exclusive rights in its ancillary online services.
A cable or another operator who merely rebroadcasts programme signals or communicates them to the public by direct injection is not a broadcasting organisation. Also, an entity that transmits a programme exclusively via computer networks and does not have editorial responsibility for compiling, distributing and broadcasting the programme is not considered a broadcasting organisation.
The right of broadcasting organisations runs for 50 years counting from the date of the first broadcast of programme signal or from the first transmission of programme signal by direct injection, irrespective of whether it is by wire or wireless means.