Table of Contents

Foreword

Preface

Table of Abbreviations

Chapter 1 Preliminary Study

Introduction

Previous Research

Two Approaches to the Protection of the Rights of Broadcasting Organisations

Hypothesis

Scope

Materials

Structure

Chapter 2 Overview of the Rights of Broadcasting Organisations

Introduction

Rights of Broadcasting Organisations

'Broadcasting'

'Broadcasting Organisations'

'The Rights of Broadcasting Organisations'

Conclusion

Chapter 3 The Rome Convention and the Current Transnational Regime

Introduction

The Rome Convention

Background to the Rome Convention

Outline of the Rome Convention

Protection in Relation to Broadcasting

Evaluation of the Rome Convention

Other International Conventions

The Satellite Convention

TRIPS

Substantial Conventions Protecting Broadcasting

Transnational Legislation

The European Agreement on the Protection of Television Broadcasts

EC Directives

Cartagena Decision 351

NAFTA

Conclusion

Chapter 4 Broadcasting Technology-Analogues

Introduction

The Technologies of Cable Distribution, Satellite Broadcasting, Teletext and Internet Broadcasting

Cable Distribution

Satellite Broadcasting

Teletext

Internet Broadcasting

Reasons Why Cable Distribution, Satellite Broadcasting, Teletext and Internet Broadcasting Are Not Considered 'Broadcasting'

Cable Distribution

Satellite Broadcasting

Teletext

Internet Broadcasting

The Real Problem of the Definition of 'Broadcasting'

The Mismatch between Recent Technologies and the Definition

Problems of Single Technology Based Definition

The Real Problem

Conclusion

Chapter 5 Ongoing Discussions for the Reform of the International Regime

Introduction

Committee of Experts on Possible Protocol to the Berne Convention

WIPO World Symposium on Broadcasting, New Communication Technology and Intellectual Property

1st Panel Discussion: Broadcasters as Owners of Neighbouring Rights

2nd Panel Discussion: The Legal Status of Broadcast Programmes at the Borderline of Copyright and Neighbouring Rights

3rd Panel Discussion: Broadcasters as 'Users'

4th Panel Discussion: Convergence of Communication Technologies: Terrestrial Broadcasting and Communication to the Public by Cable

5th Panel Discussion: Digital Transmissions on the Internet and Similar Networks

6th Panel Discussion: Concluding Debate

Issues Raised at the WIPO World Symposium

WIPO Standing Committee on Copyright and Related Rights

The 1st Session (2–10 November, 1998)

The 2nd Session (2–11 May, 1999)

The 3rd Session (16–20 November, 1999)

The 5th Session (7–11 May, 2001)

The 6th Session (26–30 November, 2001)

The 7th Session (13–17 May, 2002)

The 8th Session (4–8 November, 2002)

The 9th Session (23–27 June, 2003)

The 10th Session (3–5 November, 2003)

The 11th Session (7–9 June 2004)

Issues to Be Resolved toward a New Treaty

WIPO General Assembly (September 2004 Session)

Conclusion

Chapter 6 Protection of Broadcasters' Rights in Australia

Introduction

Copyright Act 1968 in 1998

Definition of 'Broadcast'

Broadcasts in Which Copyright Subsists

Exclusive Rights in Broadcasts

Copyright Amendment (Digital Agenda) Act 2000

Objectives of the Digital Agenda Act

Amended Provisions in Relation to the Broadcasters' Rights

The Concept of the Digital Agenda Act

The Rationale for Copyright Protection by the Digital Agenda Act

Significance of the Digital Agenda Act

The Panel Case – TCN Channel Nine Pty Ltd v Network Ten Pty Ltd

Primary Decision

Full Court Decision

High Court Decision

Inconsistency between the Digital Agenda Act and the Decision in the Panel Case

Implications of the Panel Case

Conclusion

Chapter 7 Protection of Broadcasters' Rights in Japan

Introduction

Copyright Law in 1998

Protection of Broadcasters' Rights as Neighbouring Rights

Reasons Why Japan Does Not Recognise Copyright in Broadcasts

Needs and Difficulties in Upgrading the Protection of Broadcasters' Rights

Problems of Protection

Reasons for Non-Action

Difficulties in Upgrading

Copyright Law Amendment in 2002

Possibility of Copyright in Broadcasts

Reconsideration of the Reason Why Japan Does Not Recognise Copyright in Broadcasts

Possible Copyright in Broadcasts as Compilations

Potential Issues regarding Copyright in Broadcasts

Feasibility of Copyright in Broadcasts

Conclusion

Chapter 8 Rationale for the Protection of Broadcasters' Rights

Introduction

Rationale for the Protection of Broadcasters' Rights in Australia

The Gregory Committee Report

The Spicer Committee Report

Misunderstanding concerning the Rationale for Protection in Australia

Rationale for the Protection of Broadcasters' Rights in Japan

Report of the Copyright Regime Committee

Professor Koji Abe's Article

Misunderstanding concerning the Rationale for Protection in Japan

Conclusion

Chapter 9 Future Directions

From the Past

To the Future

Bibliography

Index