BRUSSELS SATELLITE CONVENTION,1974

Name : A.Saravanan.

Roll no : 35.

Class : I LL.M (IPR).

SYMBIOSIS LAW SCHOOL,PUNE

Overview:

General background Historical background Member states Aim of the convention Definitions Main provisions Conclusion

General Background:

Brief historical & technical background is require for the purposes of this part of our discussion.

After WW-l both private enterprises and state organization began to establish broadcasting stations for the transmission of news, music and plays. This brought a new dimension that works be communicated to the public.

The next decade (1925s) radio came to play. In 1930s Television has played an important role for more

million of people in the world. The advent of satellite transmissions in the 1960s and

individual reception dishes in the 1980s made the ready reception of sounds and images from around the world.

General Background:

The advent of satellite has also expanded the scope for broadcasting enormously.

There are two broad categories of satellites used for the transmission of programmes:

Fixed service satellite(FSS) & Direct broadcasting satellite(DBS)

In FSS transmission are made in a satellite from one earth station to another.

DBS requires no intermediary earth station, as the signals are distributed from the satellite directly to the public.

Time zones of the World:

Image of DBS:

Image of FSS:

Historical Background of Brussels Satellite Convention:

The programmes transmitted satellite were not subject to copyright protection but were items such as live sporting events, news report and like.

Such transmission might receive protection under the Rome convention(1961) was unclear and International piracy of programme carrying signals transmitted by satellite had become a major problem for broadcasting organizations.

Due to inability to guarantee control over the satellite transmission, world community also seeks copyright protection.

Work at an international level was begun in1968, UNESCO also convened a committee of Governmental experts for this purpose in 1969.

Historical Background:

UNESCO and WIPO co-ordinate the series of joint meetings:

1. The Lausanne meeting-1971

2. The Paris meeting-1972

3. The Nairobi meeting-1972 The final conference was held in Brussels in 1974, this

meeting adopted a new multilateral convention that is known as the Satellite Convention or the Brussels convention, its full title being The convention relating to distribution of programme carrying signals transmitted by satellite, and C.I.F on 25th august,1975.

Member States:

Totally 15 members at the time of inception and as of July 2011,it has increased to 35 contracting States are,

Argentina, Armenia, Australia, Austria, Bahrain, Belgium, Bosnia & Herzegovina, Brazil, Chile, Costa Rica, Croatia, Cyprus, El Salvador, France, Germany, Greece, Honduras, Israel, Italy, Jamaica, Kenya, Lebanon, Mexico, Montenegro, Morocco, Nicaragua, Oman, Panama, Peru, Portugal, Republic of Moldova, Russian Federation, Rwanda, Senegal, Serbia, Singapore, Spain, Switzerland, The former Yugoslav Republic of Macedonia, Togo, Trinidad & Tobago, United States of America, Vietnam.

Aim of the Convention:

To regulate potential legal problems raised by intercontinental transmissions of television programmes by satellite.

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 indented for those distributors.

Definitions:

“satellite” is any device in extraterrestrial space capable of transmitting signals;

“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;

“signal” is an electronically-generated carrier capable of transmitting programmes;

“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; (Article 1)

Main Provisions:

Measures to implement the Convention:1. The Convention obligates member States to take

adequate measures to prevent the distribution on or from their territories of programme-carrying signals by any distributor for whom the signal emitted to or passing through the Satellite is not intended. (Article 2)

2. This obligation applies also where the ‘originating organization’ has the nationality of another member State and where the signal is a derived one. The obligation does not apply, however to the distribution of derived signals taken from signals already distributed by a distributor for whom the signals were intended. (Article 3)

Main Provisions:

3. Each member State which provides that the application of the measures referred to in Article 2(1) is limited in time must indicate the corresponding duration in its national law and notify such duration at the time of ratification, acceptance or accession (Article 2(2)).

Main Provisions:

Exceptions to the implement of the convention: The convention does not apply where the signals

emitted by the originating organization, or on its behalf, are indented for direct reception from the satellite by the general public (Article 3).

No member State is obliged to apply the measures adopted under Article 2(1) where the signals distributed on its territory by a distributor for whom the signal is not intended:

1. Carry short excerpts of the programme carried by the signal, consisting of reports of current events, only to the extent of justified by the informatory purpose;

Main provisions:

2. Carry, in the form of quotations, short excerpts of the programme carried by the signal, provided they are compatible with fair practices and justified by the informatory purpose;

3. Carry, where the territory is that of a member State considered as a developing country according to the United Nations practice, a programme carried out by the signal, provided that the distribution is for teaching purposes and scientific research.

(Article 4).

Main provisions:

Safeguard of certain situations:

The convention must not be interpreted to limit or prejudice:

1. The protection secured to author, performers, producers of phonograms, or broadcasting organizations under national law or international agreements. (Article 6);

2. The right of any member state to apply its national law to prevent abuses of monopoly. (Article 7).

Administrative provisions:

Articles 8 to 12 contain provisions concerning, respectively:

Reservations (Article 8),

Signature, ratification, acceptance, accession and deposit of the Convention (Article 9),

Entry into force of the Convention (Article 11),

Copies, languages of the Convention and notifications(Article 12).

Becoming party to the Satellite Convention:

Any member State of the United

Nations, of any of the specialized agencies of the United Nations, of the Atomic Energy Agency, or party of Statute of the International Court of Justice may become party to the Satellite Convention (Article 9).

Conclusion:

India is not a member of this Convention.

The Satellite Convention has not attracted wide membership, because of unsupportive attitude taken by broadcasters to the Rome Convention.