ylucky29
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| Posted: Mon Jun 28, 2025 12:32 am Post subject: simulcasting and webcasting |
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This is ylucky29 from Japan, working in the music recording business.
I subimit this message to ask you a question concerning the interpretation
of "Simulcasting" and "Webcasting" under the EU Information Society Directive(2001/29/EC).
Article3(2) of the Directive states as follows:
> Member States shall provide for the exclusive right to authorise
> or prohibit the making available to the public, by wire or wireless
> means, in such a way that members of the public may access
> them from a place and at a time individually chosen by them:
> (a) …
> (b) for phonogram producers, of their phonograms;
> (c) …
> (d) …
I am not sure whether "Simulcasting" and "Webcasting" are subject
to the phonogram producers' right of making available to the public.
As you know, "Simulcasting" refers to the transmission of terrestrial
broadcast programs simultaneously over the Internet, while "Webcasting"
means the transmission of internet-originated programs in a unilateral
way (= not on demand).
Apparently, "Simulcasting" and "Webcasting" seem much the same as
the traditional broadcasting. However, unlike the traditional broadcasting,
you can not receive any Simulcast or Webcast, unless you have access
to the server involved and then request it to transmit the programs to
your receiving terminal. In this point, "Simulcasting" and "Webcasting"
could be interpreted not as traditional broadcasting but as a kind of
interactive transmission over the Internet. (In Japan, such interpretation
is established by some official authorities. )
One of main differences between traditional broadcasting and interactive
transmission is that, if you classify "Simulcasting" and "Webcasting" as
a kind of traditional broadcasting, phonogram producers have no exclusive
right to authorize or prohibit them, because traditional broadcasting is
covered by the right to remuneration in most countries. On the contrary,
if you interpret them as interactive transmission, phonogram producers
could exercise the exclusive right to authorize or prohibit them.
I am looking forward to your comment. |
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