(11) CONVENTION RELATING TO THE DISTRIBUTION OF PROGRAMME-CARRYING SIGNALS TRANSMITTED BY SATELLITE (Done at Brussels, this twenty-first day of May, 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 26 October 1961, which
affords protection to performers, producers of phonograms and broadcasting
organizations;
HAVE AGREED AS
FOLLOWS:
Article 1
For the
purposes of this Convention:
(i)
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"signal" is
an electronically-generated carrier capable of transmitting programmes;
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(ii)
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"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;
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(iii)
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"satellite"
is any device in extraterrestrial space capable of transmitting signals;
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(iv)
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"emitted
signal" or "signal emitted" is any programme-carrying signal that goes to or
passes through a satellite;
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(v)
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"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;
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(vi)
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"originating
organization" is the person or legal entity that decides what programme the
emitted signals will carry;
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(vii)
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"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;
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(viii)
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"distribution"
is the operation by which a distributor transmits derived signals to the
general public or any section thereof.
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Article 2
(1)
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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.
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(2)
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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.
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(3)
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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.
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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)
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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
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(ii)
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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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(iii)
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carries,
where the said territory is that of a Contracting State regarded as a
developing country in conformity with the established practice of the General
Assembly of the United Nations, a programme carried by the emitted signal,
provided that the distribution is solely for the purpose of teaching, including
teaching in the framework of adult education, or scientific research.
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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 rights of any
Contracting State to apply its domestic law in order to prevent abuses of
monopoly.
Article 8
(1)
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Subject to
paragraphs (2) and (3), no reservation to this Convention shall be permitted.
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(2)
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Any Contracting
State whose domestic law, on 21 May, 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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(3)
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(a)
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Any
Contracting State which, on 21 May, 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.
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(b)
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Any State
that has deposited a notification in 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.
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Article 9
(1)
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This Convention
shall be deposited with the Secretary-General of the United Nations. It shall
be open until 31 March, 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.
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(2)
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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).
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(3)
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Instruments
of ratification, acceptance or accession shall be deposited with the
Secretary-General of the United Nations.
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(4)
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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.
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Article 10
(1)
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This
Convention shall enter into force three months after the deposit of the fifth
instrument of ratification, acceptance or accession.
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(2)
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For each
State ratifying, accepting or acceding to this Convention after the deposit
of the fifth instrument of ratification, acceptance or accession, this
Convention shall enter into force three months after the deposit of its
instrument.
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Article 11
(1)
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Any
Contracting State may denounce this Convention by written notification
deposited with the Secretary-General of the United Nations.
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(2)
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Denunciation
shall take effect twelve months after the date on which the notification
referred to in paragraph (1) is received.
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Article 12
(1)
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This
Convention shall be signed in a single copy in English, French, Russian and
Spanish, the four texts being equally authentic.
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(2)
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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.
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(3)
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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)
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signatures
to this Convention;
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(ii)
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the deposit
of instruments of ratification, acceptance or accession;
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(iii)
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the date of
entry into force of this Convention under Article 10(1);
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(iv)
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the deposit
of any notification relating to Article 2(2) or Article 8(2) or (3), together
with its text;
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(v)
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the receipt
of notifications of denunciation.
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(4)
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The
Secretary-General of the United Nations shall transmit two certified copies
of this Convention to all States referred to in Article 9(1).
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IN WITNESS
WHEREOF, the undersigned, being duly authorized, have signed this Convention.
DONE at
Brussels, this twenty-first day of May, 1974.
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