Advanced Search

RS 0.231.173 Convention of 21 May 1974 concerning the distribution of programme-carrying signals transmitted by satellite

Original Language Title: RS 0.231.173 Convention du 21 mai 1974 concernant la distribution de signaux porteurs de programmes transmis par satellite

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.231.173

Original text

Convention on the Distribution of Programme-Carrying Signals Transmitted by Satellite

Conclue in Brussels on 21 May 1974
Approved by the Federal Assembly on June 4, 1992 1
Instrument of ratification deposited by Switzerland on 24 June 1993
Entry into force for Switzerland 24 September 1993

(State on 30 January 2014)

The Contracting States,

Noting that the use of satellites for the distribution of programme-carrying signals is growing rapidly both in importance and in relation to the extent of the geographical areas served;

Concern that there is no global system to prevent the distribution of program-carrying signals transmitted by satellite by distributors to which they are not intended and that the absence of any Such a system may interfere with the use of satellite communications;

Recognizing in this respect the importance of the interests of authors, performers, producers of phonograms and broadcasting organizations;

Convinced that an international system must be established, including measures to prevent the distribution of satellite-borne signals by distributors to which they are not intended;

Aware of the need not to affect in any way the international conventions already in force, including the International Telecommunication Convention and the Radio Regulations annexed to this Convention, and In no way hinder the wider acceptance of the Rome Convention of 26 October 1961 2 Which grants protection to performers, producers of phonograms and broadcasting organizations,

Agreed to the following:

Art. 1

For the purposes of this Convention:

(i)
"Signal" means any vector produced electronically and capable of transmitting programmes;
(ii)
"Programme" means any set of images, sounds or images and sounds, whether recorded or not and incorporated into signals intended for distribution;
(iii)
"Satellite" means any device in the extraterrestrial space capable of transmitting signals;
(iv)
"Transmitted signal" means any program-carrying signal that is directed to a satellite or that passes through a satellite;
(v)
"Derived signal" means any signal obtained by the modification of the technical characteristics of the transmitted signal, whether or not there have been one or more intermediate fixations;
(vi)
"Organism of origin" means the natural or legal person who decides which program the emitted signals will carry;
(vii)
"Distributor" means the natural or legal person who decides on the transmission of the derived signals to the general public or any part thereof;
(viii)
"Distribution" means any operation by which a distributor transmits derived signals to the public in general or to any part thereof.
Art. 2

(1) Any Contracting State undertakes to take adequate measures to prevent the distribution on its territory, or from its territory, of programme-carrying signals by any distributor to which the signals transmitted to the satellite or The satellite is not intended for use. This undertaking shall extend to the case where the originating agency is a national of another Contracting State and where the signals distributed are derived signals.

(2) In any Contracting State where the application of the measures referred to in para. (1) above shall be limited in time, the duration of which shall be fixed by national law. Such time shall be notified in writing to the Secretary-General of the United Nations at the time of ratification, acceptance or accession, or if the relevant national legislation enters into force or is subsequently amended, in A period of six months from the entry into force of that legislation or the entry into force of its amendment.

(3) The undertaking provided for in para. 1) above does not extend to the distribution of derived signals originating from signals already distributed by a distributor to which the transmitted signals were intended.

Art. 3

This Convention shall not apply where the signals emitted by or on behalf of the originating body are intended for direct reception by the general public from the satellite.

Art. 4

No Contracting State shall be required to apply the measures referred to in Art. 2, para. (1), where the signals distributed within its territory, by a distributor to which the signals emitted are not intended,

(i)
Have short excerpts from the program carried by the signals emitted and containing reports of current events, but only to the extent justified by the purpose of information of those excerpts, or
(ii)
Shall bear, as quotations, short excerpts from the programme carried by the signals emitted, provided that such quotations are in accordance with good practice and are justified by their purpose of information; or
(iii)
Carry, in the case where the territory is that of a Contracting State considered to be a developing country in accordance with the established practice of the General Assembly of the United Nations, a programme carried out by the signals issued, Provided that the distribution is made solely for the purpose of teaching, including that of adults, or scientific research.
Art. 5

No Contracting State shall be required to apply this Convention in respect of signals issued before the entry into force of that Convention in respect of the State concerned.

Art. 6

This Convention shall in no way be interpreted as limiting or derogating from the protection granted to authors, performers, producers of phonograms, or broadcasting organizations, in Under national laws or international conventions.

Art. 7

This Convention shall in no way be interpreted as limiting the competence of any Contracting State to apply its national law in order to prevent any abuse of monopoly.

Art. 8

(1) Except for the provisions of paras. (2) and (3), no reservation to this Convention shall be permitted.

(2) Any Contracting State, whose national law in force at the date of 21 May 1974 provides, may, by written notification deposited with the Secretary-General of the United Nations, declare that for its application the Condition set out in s. 2, para. 1), ("in the case where the originating body is a national of another Contracting State") shall be deemed to be replaced by the following condition: "in case the signals emitted are from the territory of another Contracting State".

3)
(a) Any Contracting State which, as of 21 May 1974, restricts or excludes the protection in respect of the distribution of programme-carrying signals by means of cables, cables or other similar channels of communication, which shall be limited to one May, by written notification deposited with the Secretary-General of the United Nations, declare that, to the extent that and as long as its national law restricts or excludes protection, it shall not apply the Present Convention on distributions made in this manner.
(b)
Any State, which has submitted a notification under subparagraph (a), shall notify the Secretary-General of the United Nations in writing, within six months of its entry into force, of any changes in its legislation Under which the reservation made under this subparagraph becomes inapplicable or is limited in its scope.
Art.

(1) This Convention shall be deposited with the Secretary-General of the United Nations. It will remain open until the date of 31 March 1975 at the signature of any member State of the United Nations, one of the specialized agencies related to the United Nations or the International Energy Agency Party to the Statute of the International Court of Justice 1 .

(2) This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open for accession by the States referred to in para. 1).

(3) Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.

(4) It is understood that, at the time when a State becomes bound by this Convention, it must be in a position, in accordance with its national law, to give effect to the provisions of the Convention.


Art. 10

(1) This Convention shall enter into force three months after the deposit of the fifth instrument of ratification, acceptance or accession.

(2) With respect to each State ratifying or accepting this Convention or acceding thereto after the deposit of the fifth instrument of ratification, acceptance or accession, this Convention shall enter into force three months after the deposit of its Instrument.

Art. 11

(1) Any Contracting State shall have the right to denounce this Convention by written notification deposited with the Secretary-General of the United Nations.

(2) Denunciation shall take effect twelve months after the date of receipt of the notification referred to in para. 1).

Art. 12

(1) This Convention shall be signed in a single copy in the English, Spanish, French and Russian languages, the four texts being equally authentic.

(2) Official texts shall be established by the Director General of the United Nations Educational, Scientific and Cultural Organization and by the Director General of the World Intellectual Property Organization, after consultation with the Governments concerned, in the German, Arabic, Italian, Dutch and Portuguese languages.

(3) The Secretary-General of the United Nations shall notify the States referred to in art. 9, para. 1), and to the Director General of the United Nations Educational, Scientific and Cultural Organization, to the Director General of the World Intellectual Property Organization, to the Director General of the International Labour Office, and To the Secretary-General of the International Telecommunication Union:

(i)
The signatures of this Convention;
(ii)
The deposit of instruments of ratification, acceptance or accession;
(iii)
The date of entry into force of this Convention under s. 10, para. 1);
(iv)
The filing of any notification referred to in s. 2, para. 2), or art. 8, para. 2) or 3) and accompanying text;
(v)
The receipt of notifications of denunciation,

(4) The Secretary-General of the United Nations shall transmit two certified copies of this Convention to all States referred to in Art. 9, para. 1).

In witness whereof , the undersigned duly authorized to that effect have signed this Convention.

Done at Brussels this twenty-one May 1974.

(Suivent signatures)

Scope of application January 30, 2014 3

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Germany *

25 May

1979

August 25

1979

Armenia

13 September

1993 A

13 December

1993

Australia

26 July

1990 A

26 October

1990

Austria

6 May

1982

August 6

1982

Bahrain

1 Er February

2007 A

1 Er May

2007

Bosnia and Herzegovina

12 January

1994 S

6 March

1992

Chile

8 March

2011 A

8 June

2011

Colombia

20 December

2013 A

20 March

2014

Korea (South)

19 December

2011 A

19 March

2012

Costa Rica

25 March

1999 A

25 June

1999

Croatia

26 July

1993 S

8 October

1991

El Salvador

22 April

2008 A

July 22

2008

United States

7 December

1984

7 March

1985

Greece

July 22

1991 A

22 October

1991

Honduras

7 January

2008 A

7 April

2008

Italy *

7 April

1981

7 July

1981

Jamaica

12 October

1999 A

12 January

2000

Kenya

6 January

1976

August 25

1979

Macedonia

2 September

1997 S

17 November

1991

Morocco

March 31

1983

30 June

1983

Mexico

18 March

1976

August 25

1979

Moldova

28 July

2008 A

28 October

2008

Montenegro

23 October

2006 S

3 June

2006

Nicaragua

1 Er December

1975 A

August 25

1979

Oman

18 December

2007 A

18 March

2008

Panama

25 June

1985 A

September 25

1985

Peru

7 May

1985 A

7 August

1985

Portugal

11 December

1995 A

March 11

1996

Russia

20 October

1988 A

20 January

1989

Rwanda

April 25

2001 A

July 25

2001

Serbia

12 March

2001 S

April 27

1992

Singapore

27 January

2005 A

April 27

2005

Slovenia

3 November

1992 S

25 June

1991

Switzerland

24 June

1993

24 September

1993

Togo

10 March

2003 A

10 June

2003

Trinidad and Tobago *

1 Er August

1996 A

1 Er November

1996

Vietnam

12 October

2005 A

12 January

2006

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the website of the World Intellectual Property Organization: www.ompi.org/treaties/index-fr.html or obtained in the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 1993 2725; FF 1989 III 465


1 Art. 1 al. 1 let. D of the AF of 4 June 1992 (RO 1993 2634).
2 RS 0.231.171
3 RO 1993 2730, 2004 1129, 2008 3701, 2011 523, 2014 451. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 30, 2014