Chapter 8. Rationale for the Protection of the Rights of Broadcasting Organisations

Abstract

One of the objectives of this book is to demonstrate that the traditional understanding, which is that the protection of broadcasters' rights is based on the social-oriented rationale in both countries of common law and civil law approaches, is no longer satisfactory. It is true that these phenomena were triggered by development of digital technology. However, adaptation to the development of digital technology is not the only reason for this transition of the rationale at WIPO Standing Committee. Where the technological advancement is not the only reason for the transformation of the rationale, the original understanding of the rationale should be questioned. This chapter reviews the traditional understanding that is that the rationale for protection is socially oriented under both the common law and civil law approaches by analysing the reports of Australia and Japan that introduced provisions for the protection of the rights of broadcasting organisations in these countries.Keywords: Australia; broadcasting organisations; Japan; social-oriented rationale; World Intellectual Property Organisation (WIPO)