Hybrid Television: Will the broadcasters remain in control of their content on TV? WWIWIPO Regional ting 17 th ABU Copyright Committee Meeting and Seminar July 2011 Kuala Lumpur, Malaysia Presented by AXEL AGUIRRE ABU Legal Counsel
Introduction Hybrid Television at a Glance
Introduction Hybrid Television at a Glance
Introduction Hybrid Television at a Glance
Topics Outline Legal and Regulatory Issue: Broadcasts Broadcast Content Agreements with 3 rd parties
A. On Broadcasts Hybrid Television: Legal and Regulatory Issues
Legal Issue: Signal Conventional TV TV with visual prompt of available visual information ("Red Button")
Legal Issue: Signal TV with information overlaid – still photo only Information with video, audio or picture inset
Legal Issue: Signal Legal Recourse of Broadcasters Protection by way of neighbouring/copyright right Interference on frequencies
Legal Issue: Broadcast Content Overlay of non-linear content CNN Logo CNN original ads
Legal Issue: Broadcast Content Content integrity: - copyright violation limited to screen integrity when it prejudices the reputation of author Intellectual Property - trademark infringement concealment of CNN logo Unfair competition: - o verlay of original CNN ads
Legal Issue: Licensing Agreements Contract breach: - no split screen /squeeze back - no other commercial ads
Legal Issue: Licensing Agreements Contract breach: - Samsung is the exclusive sponsor of the Olympic Games not iPhone
Better Rights = Better Sports News News Access Rules Guide Non-RHBs to Protect RHBs Non-RHBs Have News Access Rights and Rights to Fair Dealing Summary
Thank you! AXEL B AGUIRRE ABU Legal Counsel End of Presentation