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

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