Convention Relating to the Distribution of Programme–Carrying Signals Transmitte

(Done at Brussels on May 21, 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 October 26, 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) “signal” is an electronically–generated carrier capable of transmitting programmes;

(ii) “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;

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

(iv) “emitted signal” or “signal emitted” is any programme–carrying signal that goes to or passes through a satellite;

(v) “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;

(vi) “originating organization” is the person or legal entity that decides what programme the emitted signals will carry;

(vii) “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;

(viii) “distribution” is the operation by which a distributor transmits derived signals to the general public or any section thereof.

Article 2

(1) 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.

(2) 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.

(3) 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.

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) 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

(ii) 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

(iii) 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.