Theory and practice of intellectual property
№ 5 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/52018.160770

Published      2018-10-29

Teleformat as a component of the market of information resources. Broadcasting and relaying programs

Nadiia Fedorova
Ukraine

Abstract
The article considers teleformat as a component of the information resources market. The analysis of broadcast and retransmission in accordance with the teleformat is carried out. The EU experience in the field of broadcasting and relaying programs is studied and prospects for Ukraine are considered. Proposals for improving legislation are made, namely, additions to terminology such as «translation» and «reproduction». The influence of technological progress on the activities of broadcasting organizations is not considered legislatively. Therefore, with the aim of ensuring the protection of the rights of broadcasting organizations in the era of convergence, when the activity related to broadcasting, when it is no longer limited to traditional platforms, author proposes to formulate a new definition of the term «broadcasting» in such a way that it is technologically neutral and adapted to new technologies. Consequently, the broadcast is the initial transmission of programs (broadcasts) of broadcasting organizations (television or broadcast), carried out in coded or open form, using any technical means and platforms for reception by viewers / listeners. «Reproduction is the recording of an audiovisual work, sound work, videogram, phonogram for the purpose of making one or more copies of the work in any material form and recording any transmission, or part thereof (directly or indirectly, temporarily or permanently) in material, electronic form or other form that the computer can read». In other words, any way of making copies of the television format (as an object of copyright), programs (programs in any form) by broadcasters will be recognized as the term «reproduction». Instead, this right will only apply if the original (primary) record of the transfer was made without the consent of the broadcast organization. If the broadcasting organization has given another person the right to record their transmission, then it loses the ability to control the rewrite, that is, it is deprived of the right to reproduce the recording.

Keywords: teleformat, broadcast, retransmission, reproduction, fixation of the program on the material carrier, fixation of the content in electronic form