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Convention on distribution of program-carrying signals transmitted through satellites

17-01-2012

Date of signing: May 21, 1974

Effective date: August 25, 1979

Contracting States,

Realizing that the use of satellites to distribute the program-carrying signals is rapidly growing both under its scales and geographical coverage;

Concerned about the lack of a global warning system for distributing of program-carrying signals by distributor bodies, through satellites not intended for those distributor bodies and that this absence is likely to preclude the use of communication with the help of satellites;

Recognizing the importance of the interests of authors, performers, phonogram manufacturers and broadcasting organizations in this context;

Believing that an international system shall be created, under which actions will be provided to prevent distribution of program-carrying signals by distributor bodies, transmitted through satellites not intended for those distributor bodies;

Realizing the need to incur no harm to those international agreements that are already in force, including the International Telecommunication Convention (995_001) and added to this Convention Radio Communication Regulations, and especially in no way to prevent a wide adoption of the Rome Convention dd. October 26, 1961 (995_763) that provides protection of performers, phonograms manufacturers and broadcasting organizations,

have agreed as follows:

Article 1

For the purposes of this Convention:

(i) “signal” – carrying frequency created with the help of electronic devices which is capable to transmit the programs;

(ii) “program” – aggregate of materials obtained directly or as records consisting of images, sounds or images and sounds transmitted through signals for their further distribution;

(iii) “satellite” – any device located in an extraterrestrial space capable to transmit signals;

(iv) “emitted signal” or “signal emitted by” is any signal which carries programs and is transmitted to satellite or through it;

(v) “secondary signal” – signal obtained by converting of emitted signal specifications with or without intermediate records;

(vi) “source body” – individual or legal entity determining programs that will be carried by emitted signals;

(vii) “distributor body” – individual or legal entity which decides whether transmitting of secondary signals to a wide audience or any its part shall take place;

(viii) “distribution” – action by which the distributor body transmits secondary signals to the wide audience or any its part.

Article 2

(1) Each Contracting State shall take appropriate measures to prevent the distribution of any signal that carries programs at or from its territory and by any distributor body for which the signal transmitted to or through satellite is not appointed. This obligation is applied if the source body comes within the jurisdiction of another Contracting State and when the distributed signal is a secondary signal.

(2) In any Contracting State where taking of measures referred to in item (1) of this article is limited in time, the duration of such a period is established by the legislation of this State. The Secretary General of the United Nations Organization shall be informed in written about the duration of this period at the moment of ratification, acceptance or accession or, in case of further entering into force of a national law or its amending, within six months after entering into force of such a law or its amending.

(3) The obligations stipulated in Article 2, item (1) shall not cover distribution of the secondary signals obtained from signals which have already been distributed by a distributor body for which these signals were intended.

Article 3

This Convention shall not be applied when the transmitted signals are coming from the source body or on its behalf and emitted through satellites for direct reception by the wide audience.

Article 4

Any Contracting State shall not take measures stipulated in Article 2 (1) if the signal distributed in its territory by the distributor body for which the signal was not intended:

i) carries short extracts from the program transmitted with the help of signals, if the extracts contain messages about current events, but only to the extent that is justified by the informational purpose of such extracts, or

ii) carries short extracts as quotations from the program transmitted with the help of signals provided that such quotations comply with fair practice and justified information purposes of such quotations, or

iii) carries the program transmitted with the help of signals taking into account that the distribution is carried out exclusively for education, including education of adults, or for scientific researches, where the said territory is a Contracting State treated as a developing country according to the established practice of the United Nations Organization.

Article 5

Any Contracting State is not obliged to apply this Convention to any signal transmitted before this Convention enters into force for this state.

Article 6

This Convention shall in no way be interpreted as limiting or detrimental to the protection granted to authors, performers, phonogram manufacturers or broadcasting authorities due to the national legislation or international agreements.

Article 7

This Convention shall in no way be interpreted as limiting the right of any Contracting State to apply its national legislation to prevent the monopolies’ abuse.

Article 8

(1) Except for items (2) and (3) of this Article, no warnings in relation to this Convention are permitted.

(2) Based on its national legislation as of May 21, 1974, any Contracting State can declare, by written notification deposited by the Secretary General of the United Nations Organization, that for its purposes the words “if the source body comes within the jurisdiction of another Contracting State” in Article 2 (1) shall be considered as a situation “when the transmitted signal is transmitted from the territory of another Contracting State”.

(3) (a) Any Contracting State, which limits or denies protection of the distribution of program-carrying signals to the wide audience through wires, cables and other similar communication channels as of May 21, 1974, can declare, by written notification deposited by the Secretary General of the United Nations Organization, that to the extent and in the duration in which the national legislation restricts and denies security measures it will not apply this Convention to the said distribution;

(b) Any Contracting State having deposited the notification under sub-item (a) shall notify the Secretary General of the United Nations Organization on any amendments of the national legislation within six months after their coming into force, if due to this amendments, the provision contained in this item becomes inapplicable or limited in its scope.

Article 9

(1) This Convention shall be deposited by the Secretary General of the United Nations Organizations. It remains open for signing till March 31, 1975 by any state which is a member of the United Nations Organization, one of its specialized agencies, International Atomic Energy Agency or party to the Statute of the International Court of Justice (995_010).

(2) This Convention is subject to ratification or acceptance by the states having signed it. It will be opened for accession of states mentioned in item (1) of this Article;

(3) The instruments of ratification, acts of acceptance or accession shall be deposited by the Secretary General of the United Nations Organization.

(4) This means that when the state becomes bound by this Convention, it shall be able to put into practice the provisions of this Convention according to its national legislation.

Article 10

(1) This Convention shall come into force three months after the deposit of the fifth instrument of ratification, act of acceptance or  accession.

(2) This Convention shall come into force for each state ratifying or accepting the Convention or acceding to it after the deposit of the fifth instrument of ratification, act of acceptance or accession, three months after the deposit of its instrument or act.

Article 11

(1) Each Contracting State can denounce this Convention by written notification addressed to the Secretary General of the United Nations Organization.

(2) The denunciation shall come into force twelve months after receipt of the notification mentioned in item (1) of this Article.

Article 12

(1) This Convention is signed in a single copy in English, Spanish, Russian and French languages; all four texts of equal legal force.

(2) After consultation with interested governments, the Director General on educational, scientific and cultural issues of the United Nations Organization and the Director General of the World Intellectual Property Organization will prepare official texts in Arabic, Dutch, Italian, German and Portuguese.

(3) The Secretary General of the United Nations Organization shall inform the states specified in item (1) of Article 9, as well as the Director General on educational, scientific and cultural issues of the United Nations Organization, the Director General of the World Intellectual Property Organization, the Director General of the International Labor Organization and the Secretary General of the International Telecommunication Union:

i) about signing of this Convention;

ii) about deposit of instruments of ratification, acts of acceptance or accession;

iii) about the effective date of this Convention in accordance with item (1) of Article 10;

iv) about the deposit of any notifications specified in item (2) of Article 2 or in items (2) and (3) of Article 8, together with their texts;

v) about receipt of denunciation notifications.

(4) The Secretary General of the United Nations Organization will send two certified copies of this Convention to all states specified in item (1) of Article 9.

IN WITNESS WHEREOF, the undersigned being duly authorized have signed this Convention.

SIGNED in Brussels on the twenty-first of May, year 1974.

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