CONVENTION
RELATING
TO THE DISTRIBUTION OF PROGRAMME-CARRYING SIGNALS TRANSMITTED BY SATELLITE DONE
AT BRUSSELS ON MAY 21, 1974
The Contracting States,
Aware that the use of satellites
for the distribution of programme-carrying signals is rapidly growing both in
volume and geographical coverage;
Concerned that there is no
world-wide system to prevent distributors from distributing programme-carrying
signals transmitted by satellite which were not intended for those
distributors, and that this lack is likely to hamper the use of satellite
communications;
Recognizing, in this respect,
the importance of the interests of authors, performers, producers of phonograms
and broadcasting organizations;
Convinced that an international
system should be established under which measures would be provided to prevent
distributors from distributing programme-carrying signals transmitted by
satellite which were not intended for those distributors;
Conscious of the need not to
impair in any way international agreements already in force, including the
International Telecommunication Convention and the Radio Regulations annexed to
that Convention, and in particular in no way to prejudice wider acceptance of
the Rome Convention of October 26, 1961, which affords protection to
performers, producers of phonograms and broadcasting organizations,
Have agreed as follows:
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For the purposes of this
Convention:
(i) "signal" is an
electronically-generated carrier capable of transmitting programmes;
(ii) "programme" is a
body of live or recorded material consisting of images, sounds or both,
embodied in signals emitted for the purpose of ultimate distribution;
(iii) "satellite" is
any device in extraterrestrial space capable of transmitting signals;
(iv) "emitted signal"
or "signal emitted" is any programme-carrying signal that goes to or
passes through a satellite;
(v) "derived signal"
is a signal obtained by modifying the technical characteristics of the emitted
signal, whether or not there have been one or more intervening fixations;
(vi) "originating
organization" is the person or legal entity that decides what programme
the emitted signals will carry;
(vii) "distributor" is
the person or legal entity that decides that the transmission of the derived
signals to the general public or any section thereof should take place;
(viii) "distribution"
is the operation by which a distributor transmits derived signals to the
general public or any section thereof.
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(1) Each Contracting State
undertakes to take adequate measures to prevent the distribution on or from its
territory of any programme-carrying signal by any distributor for whom the
signal emitted to or passing through the satellite is not intended. This
obligation shall apply where the originating organization is a national of
another Contracting State and where the signal distributed is a derived signal.
(2) In any Contracting State in
which the application of the measures referred to in paragraph (1) is limited
in time, the duration thereof shall be fixed by its domestic law. The
Secretary-General of the United Nations shall be notified in writing of such
duration at the time of ratification, acceptance or accession, or if the
domestic law comes into force or is changed thereafter, within six months of
the coming into force of that law or of its modification.
(3) The obligation provided for
in paragraph (1) shall not apply to the distribution of derived signals taken
from signals which have already been distributed by a distributor for whom the
emitted signals were intended.
Article 3
This Convention shall not apply
where the signals emitted by or on behalf of the originating organization are
intended for direct reception from the satellite by the general public.
Article 4
No Contracting State shall be
required to apply the measures referred to in Article 2(1) where the signal
distributed on its territory by a distributor for whom the emitted signal is
not intended
(i) carries short excerpts of
the programme carried by the emitted signal, consisting of reports of current
events, but only to the extent justified by the informatory purpose of such
excerpts, or
(ii) carries, as quotations,
short excerpts of the programme carried by the emitted signal, provided that
such quotations are compatible with fair practice and are justified by the
informatory purpose of such quotations, or
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Article 5
No Contracting State shall be
required to apply this Convention with respect to any signal emitted before
this Convention entered into force for that State.
Article 6
This Convention shall in no way
be interpreted to limit or prejudice the protection secured to authors,
performers, producers of phonograms, or broadcasting organizations, under any
domestic law or international agreement.
Article 7
This Convention shall in no way
be interpreted as limiting the right of any Contracting State to apply its domestic
law in order to prevent abuses of monopoly.
Article 8
(1) Subject to paragraph (2) and
paragraph (3), no reservation to this Convention shall be permitted.
(2) Any Contracting State whose
domestic law, on May 21, 1974, so provides may, by a written notification
deposited with the Secretary-General of the United Nations, declare that, for
its purposes, the words "where the originating organization is a national
of another Contracting State" appearing in Article 2(1) shall be
considered as if they were replaced by the words "where the signal is
emitted from the territory of another Contracting State."
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(a) Any Contracting State which,
on May 21, 1974, limits or denies protection with respect to the distribution
of programme-carrying signals by means of wires, cable or other similar
communications channels to subscribing members of the public may, by a written
notification deposited with the Secretary-General of the United Nations,
declare that, to the extent that and as long as its domestic law limits or
denies protection, it will not apply this Convention to such distributions.
(b) Any State that has deposited
a notification in notify the States referred to in Article 9(1), as well as the
accordance with subparagraph (a) shall notify the Secretary-General of the
United Nations in writing, within six months of their coming into force, of any
changes in its domestic law whereby the reservation under that subparagraph
becomes inapplicable or more limited in scope.
Article 9
(1) This Convention shall be deposited
with the Secretary-General of the United Nations. It shall be open until March
31, 1975, for signature by any State that is a member of the United Nations,
any of the Specialized Agencies brought into relationship with the United
Nations, or the International Atomic Energy Agency, or is a party to the
Statute of the International Court of Justice.
(2) This Convention shall be
subject to ratification or acceptance by the signatory States. It shall be open
for accession by any State referred to in paragraph (1).
(3) Instruments of ratification,
acceptance or accession shall be deposited with the Secretary-General of the
United Nations.
(4) It is understood that, at
the time a State becomes bound by this Convention, it will be in a position in
accordance with its domestic law to give effect to the provisions of the
Convention.
Article 10
(1) This Convention shall enter
into force three months after the deposit of the fifth instrument of
ratification, acceptance or accession.
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Article 11
(1) Any Contracting State may denounce
this Convention by written notification deposited with the Secretary-General of
the United Nations.
(2) Denunciation shall take
effect twelve months after the date on which the notification referred to in
paragraph (1) is received.
Article 12
(1) This Convention shall be
signed in a single copy in English, French, Russian and Spanish, the four texts
being equally authentic.
(2) Official texts shall be
established by the Director-General of the United Nations Educational,
Scientific and Cultural Organization and the Director General of the World
Intellectual Property Organization, after consultation with the interested
Governments, in the Arabic, Dutch, German, Italian and Portuguese languages.
(3) The Secretary-General of the
United Nations shall notify the States referred to in Article 9(1), as well as
the Director-General of the United Nations Educational, Scientific and Cultural
Organization, the Director General of the World Intellectual Property
Organization, the Director-General of the International Labour Office and the
Secretary-General of the International Telecommunication Union, of
(i) signatures to this
Convention;
(ii) the deposit of
instruments of ratification, acceptance or accession;
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(iv) the deposit of any
notification relating to Article 2(2), Article 8(2) or Article 8(3), together
with its text;
(v) the receipt of
notifications of denunciation.
(4) The Secretary-General of the
United Nations shall transmit two certified copies of this Convention to all
States referred to in Article 9(1).