SCCR 31: Day 3 on Broadcasting. How far does the EU want to go with rights to broadcasting &cablecasting?

>> EUROPEAN UNION: Thank you, Chair. Just to comment on what you have been now referring to on protection for cablecasters we completely agree with you. The way we view the protection here is, of course, not for cable retransmissions not for cable operators that merely retransmit, but those that are cablecasters that would make new -- new transmissions. But mostly we would like to go back to the question raised by -- to the discussion on ondemand transmissions in the object of protection and making available rights, because, again, we just would like no point out that there are two issues. What is -- the way we understand the Chair's note under object of protection, is whoever transmissions of broadcasting or cablecasting organizations, but are made in such ways that members of the public may access them from a place and time individually chosen by them, we treat these transmissions as transmissions that should be protected under this treaty. That's why it's here. We understand it's under the object of protection. We presented our point on this issue yesterday.
The making available right is, of course, a separate issue from this. It is a question whether when we -- when we create the catalogue of rights where we look at what acts we want to protect broadcastings -- broadcasting -- broadcasting organizations from, we have to see whether we only want to protect broadcasting organizations where those would intercept the signal, retransmitted, show it simultaneously or -- or very soon after the interception, so in a near simultaneous manner. Do we also want to protect broadcasting organizations from such situations where -- where a pirate entity intercepts the signal, makes a fixation of the signal and then makes a transmission, and we think that there are these two ways of using -- of using the signals of broadcasting organizations, and wherever such transmission by a pirate entity is done in a simultaneous manner, or where it is being used to then make on demand transmissions, but in both cases broadcasting organizations should have a possibility to stop such activity. And that is why we have always requested the making available right be included in this -- in this treaty.
Thank you

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