Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.

Chapter 16: Public performance, broadcasting, communication to the public and interactive making available to the public

Jørgen Blomqvist

Subjects: law - academic, intellectual property law


The rights covering public performance, broadcasting, other communication to the public - and included under that also interactive making available to the public - present notable terminological challenges as regards their definition, interpretation and understanding. To cut a long story short, terminology often varies in national legislation. Logically this results in differences between at least some national terminology and the terminology used in the international instruments. This is crowned by the fact that the terminology used in the different international instruments is not always consistent. The Berne and Rome Conventions, for example, feature different nuances in the understanding of the term 'communication to the public'. This must be kept in mind, not least when shifting between studies of national law and the international instruments, but also when studying the following pages, where each concept is explained, as the discussion progresses. Historically the first of these rights to emerge is the right of public performance which in today's international terminology normally is understood as a performance made by a performing artist (possibly supported by electronic sound amplification within the locality where the performance takes place) or, without the presence of a performer, by means of some device (such as a TV set in a bar showing broadcasts or DVDs, or DJ equipment in a discotheque playing phonograms) for a public who is present at the same locality.

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