> The television retransmission rights issue (outlined in the press
release
> detailed below) [NB: I snipped it - JW] is not directly relevant to
libraries but basically
> concerns
> copyright in broadcasts. As the Act currently stands, pay TV operators
are
> able to retransmit free to air broadcasts without payment to either the
> owner of the copyright in the original broadcast, or the underlying
> rightsholders (owners of copyright in the works making up the
broadcast).
> This is because the copyright owner in a broadcast is currently only
able
> to
> control the 're-broadcast' of their broadcasts, and in this context, the
> term 'broadcast' is defined to only cover 'wireless' transmissions.
> Because
> pay TV is invariably transmitted by cable, it is a 'wired' transmission,
> and
> thus not covered by the 're-broadcast' right. Whilst the press release
> announces amendment to the Broadcasting Services Act, the Digital Agenda
> reforms to the Copyright Act will encompass this change in policy as far
> as
> copyright law is concerned.
The part that bothered me was the use of the definition of 'broadcast'.
If it's only to cover 'wireless' transmissions, why does ABA have anything
to do with Internet issues which are at this point majority 'wired'? I'm
asking this in regard to the general issues of regulation, not just
copyright control.
And that there is a distinction for medium surely does an injustice to the
copyright act and the issues of repurposing anything. Why is it a
copyright infringement to put MUSIC on a web site from a radio broadcast,
or to play MUSIC on HOLD via a wired system then?
Another legal inconsistency or a matter of big boys having more clout in
the Pay TV industry to slam on the copyright holder. :(
JW
Jan Whitaker
JLWhitaker Associates \--------/ - jwhit@primenet.com
Edu/Comm Technology Consultant ---/ - Video and Internet Specialities
Melbourne, VIC, Australia \----/ - http://www.primenet.com/~jwhit/
---------------------------------------------------------------------
Business and Professional Women Melbourne Club: http://www.bpw.asn.au
Board member: Electronic Frontiers Australia: http://www.efa.org.au
Online Conference Coordinator, NET*Working '97: http://www.nw97.edu.au