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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. |
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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 |
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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 |
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