Brussels, 03/11/2010 (Agence Europe) - The arrival of digital technology has opened up a myriad of new platforms for content distribution in a quality that was impossible in the analogue age. While this may be the broadcaster's dream the same cannot be said for copyright holders when one considers that content is also much easier to pirate in the age of web and simulcasting. The European Audiovisual Observatory has published a study which investigates this issue and the protection provided by existing European law.
In their analysis, the authors focus on new models such as internet portals which allow the real-time onward transmission of broadcast content or make programmes available on a time-shift basis. Indexing services on the internet providing links to websites offering audiovisual content are also examined in terms of possible copyright breach. Copyright law is, however, not the only area, where broadcasters may invoke their rights in the context of new media, and the study also examines cases of unfair competition. The authors provide, too, analysis of the current legal discussion at the international level. Given that the World Intellectual Property Organisation (WIPO) has come to a standstill in its attempts to produce a legal instrument capable of offering protection for broadcaster's signals, the Council of Europe is gearing up to play a leading role in this field, setting up an ad hoc advisory group to begin discussions on a Council of Europe convention for the protection of broadcasting organisations' neighbouring rights. By January of this year, the group had laid down the main parameters to be taken into account for the creation of a binding legal instrument in this field. A second meeting will take place in November and the process of exploring the potential for the creation of a binding legal instrument will continue. The study closes with information on the existing international and European norms applicable to protection of broadcasters' rights. Not only WIPO and Council of Europe but also WTO, UNESCO and especially the various European Union rules are of importance. (I.L./transl.rt)