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