A Sky, cable and digital tv forum. Digital TV Banter

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   Home » Digital TV Banter forum » Digital TV Newsgroups » uk.tech.digital-tv (Digital TV - General)
Site Map Home Register Authors List Search Today's Posts Mark Forums Read Web Partners

uk.tech.digital-tv (Digital TV - General) (uk.tech.digital-tv) Discussion of all matters technical in origin related to the reception of digital television transmissions, be they via satellite, terrestrial or cable. Advertising is forbidden, with no exceptions.

Swiss aerials



 
 
Thread Tools Display Modes
  #11  
Old November 13th 13, 06:52 PM posted to uk.tech.digital-tv
Ulrich Onken
external usenet poster
 
Posts: 7
Default Swiss aerials

On 13.11.2013 16:44, Martin wrote:
On Tue, 12 Nov 2013 19:08:59 +0100, Ulrich Onken
wrote:

http://eur-lex.europa.eu/LexUriServ/...3L0083:EN:HTML

According to article 8.1, cable retransmission is only permitted if the
copyright holder (the TV station) agrees. There is no such explicite
provision in Swiss law.


Switzerland is signed up to the Berne copyright convention.


Yes, it has. And of course the convention has been implemented in Swiss
law (Urheberrechtsgesetz, URG). However, neither the convention nor the
URG explicitely describe what is permitted and what is not when
retransmitting foreign TV broadcasts via cable.

In 2007, the BBC tried with a lawsuit against a Swiss cable operator
(GGA Maur) to stop retransmission of CBBC One, BBC Four and Ceebies in
parts of the canton Zurich. The BBC lost its case, both in the first
instance and at the appeal court. The court argued that the satellite
signal is free-to-the-air and can be received easily by everybody, thus
it is free for fair further use. It was undisputed that the cable
operator would have to pay fees for the retransmission.

Details of the appeal court decision (unfortunately in German):
http://www.servat.unibe.ch/dfr/bge/c3133568.html

In Switzerland, the BBC can ask for fees in compensation for cable
retransmission, but it cannot stop the retransmission by legal means. In
EU countries the legislation is more favourable for copyright holders
and broadcasters. With exception of the historic situations in Ireland,
the Netherlands and Belgium, the BBC does not grant any retransmission
rights for its domestic services to foreign cable operators.

There are at least three German websites transmitting live BBC, ITV
Sky Sport Eurosport etc that I know of. I don't believe any of them
pay a thing to the companies providing the programmes


Do BBC, ITV and Sky know of these websites? They have got their lawyers,
see the case with GGA Maur.

Cheers, Uli
Ads
  #12  
Old November 14th 13, 04:21 PM posted to uk.tech.digital-tv
Ulrich Onken
external usenet poster
 
Posts: 7
Default Swiss aerials

On 14.11.2013 10:05, Martin wrote:
On Wed, 13 Nov 2013 20:52:28 +0100, Ulrich Onken
wrote:

In 2007, the BBC tried with a lawsuit against a Swiss cable operator
(GGA Maur) to stop retransmission of CBBC One, BBC Four and Ceebies in
parts of the canton Zurich. The BBC lost its case, both in the first
instance and at the appeal court. The court argued that the satellite
signal is free-to-the-air and can be received easily by everybody, thus
it is free for fair further use. It was undisputed that the cable
operator would have to pay fees for the retransmission.


Have they?


They have to, see section 5.6 of the appeal court ruling at
http://www.servat.unibe.ch/dfr/bge/c3133568.html. The cable operator has
the right for retransmission if he pays the copyright fees according to
a certain tariff ("GT 1").

Cheers, Uli
 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT. The time now is 08:50 AM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.SEO by vBSEO 2.4.0
Copyright 2004-2018 Digital TV Banter.
The comments are property of their posters.