Chapter 3. The Rome Convention and the Current Transnational Regime

Abstract

The Rome Convention is the basis for the protection of broadcasters' rights throughout most of the world including Australia and Japan. This chapter first analyses the Rome Convention. In relation to protection of broadcasters' rights, there are two further international conventions at present, the Satellite Convention and TRIPS. Despite the existence of these two conventions, the Rome Convention is still the only substantive basis for protection of the rights of broadcasting organisations. Secondly, it examines the reasons why the Rome Convention remains the basis for protection of broadcasters' rights. According to WIPO, there are six transnational agreements in relation to protection of the rights of broadcasting organisations. If the protection under Rome Convention was sufficient, these transnational agreements would not be needed. Thirdly, it examines the six transnational agreements. The chapter clarifies the current situation which requires a new international instrument regarding the protection of the rights of broadcasting organisations.Keywords: broadcasters' rights; international instrument; Rome Convention; Satellite Convention; transnational agreements; TRIPS; World Intellectual Property Organisation (WIPO)