COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
of the Committee of Ministers to member states
on measures to enhance the protection of the neighbouring rights
of broadcasting organisations
(Adopted by the Committee of Ministers on 11 September. 2002
at the 807th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress;
Reaffirming the significance of the protection of copyright and neighbouring rights as an incentive for literary and artistic creation and production;
Concerned about the increasing exposure of European broadcasting organisations to piracy of their programmes due to technological developments over the last decades;
Recognising that the valuable contribution of European broadcasting organisations to creative and cultural activity requires major investment and effort in order to ensure quality and diversity of programmes and that this contribution is in imminent danger if protection against piracy is insufficient;
Recognising the need to balance broadcasting organisations’ rights with the general public interest, in particular as regards education, research and access to information, and the further need for broadcasting organisations to recognise the rights of holders of copyright and neighbouring rights over the works and other protected items contained in their broadcasts;
Recognising the importance of the work undertaken within the framework of WIPO on the protection of broadcasting organisations, as well as the need to take account of any new developments in the international legal framework;
Recommends that governments of member states take account of the provisions in the appendix to this Recommendation in protecting the neighbouring rights of broadcasting organisations and adapting these rights to the digital environment.
Appendix to Recommendation Rec(2002)7
Rights to be granted
In order to increase the level of protection of the neighbouring rights of broadcasting organisations, member states should grant them the following rights if they have not already done so, bearing in mind that limitations and exceptions to these rights may be provided to the extent permitted by international treaties:
a. the exclusive right to authorise or prohibit the retransmission of their broadcasts by wire or wireless means, whether simultaneous or based on fixations;
b. the exclusive right to authorise or prohibit the fixation of their broadcasts;
c. the exclusive right to authorise or prohibit the direct or indirect reproduction of fixations of their broadcasts in any manner or form;
d. the exclusive right to authorise or prohibit the making available to the public of fixations of their broadcasts, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;
e. the exclusive right to authorise or prohibit the making available to the public through sale or other transfer of ownership of fixations and copies of fixations of their broadcasts;
f. the exclusive right to authorise or prohibit the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.
Pre-broadcast programme carrying signals
Member states should consider taking measures to ensure that broadcasting organisations enjoy adequate protection against any of the acts referred to in a) to f) above in relation to their pre-broadcast programme carrying signals.
Member states should provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures which are used by broadcasting organisations in connection with the exercise of their neighbouring rights and which restrict acts in respect of their broadcasts which are not authorised by the broadcasting organisations concerned or permitted by law.
Rights management information
Member states should provide adequate and effective legal remedies against any person who knowingly removes or alters electronic rights management information without authority, knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Recommendation. The same should apply if a person knowingly simultaneously retransmits a broadcast or transmits, distributes, imports for distribution, communicates or makes available to the public fixations or copies of broadcasts knowing that electronic rights management information has been removed or altered without authority.
Term of protection
Member states should consider granting to broadcasting organisations a term of protection which lasts, at least, until the end of a period of 50 years computed from the end of the year in which the broadcast took place.