PROTECTION OF BROADCASTER’S RIGHTS WITHIN INTERNATIONAL AND EUROPEAN LEGAL FRAME: SYNTHETIC APPROACH

Abstract

The right to intellectual property, which regulates the legal relations of creators and titulars, their personal and property rights in relation to their works, the relations of titulars and users and the relations of titulars and those who abuse their rights, has open perspectives for theoretical elaboration, with the need for daily improvement of national and international protection regulations, as well as the mechanisms for their practical implementation.
 The enormous impact of copyright and related rights, as a relatively new branch of law, as well as the rapid technological development leading to new techniques, such as broadcasting, which is the transmission of audio and video content to the public via radio, television, or other , often digital media, gave rise to the legal recognition of the rights not only of the authors and performers whose works are broadcast, but also the rights of the broadcasting organizations themselves (radio and television organizations) in relation to the use of their shows.
 Within this paper, we will strive to apply broadcasting, as part of the related rights of copyright, the importance and impact of the rights of radio and television organizations, their subject of protection, as well as legal protection, and also regulation of the rights of radio and television organizations under international law and the European Union.Furthermore, the set level of protection of the rights of broadcasters at the international level is taken into account. All this is covered in a broad framework of legislation, ie TRIPS Agreement, Rome Convention and Brussels Satellite Convention. Additionally, the level of protection of broadcasters' rights is described in European context. These are guidelines set in the domain of the Council of Europe, European Union and European Directives.
 The main goal of the paper is to draw essential conclusions and recommendations that will be the basis for being efficient through the application of qualitative analysis, more precisely, expressed through the application of content analysis method, comparison method and synthesis method, generalization and specification. Additionally, more it will produce more effective Macedonian legislation in the domain of the expressed issues, through a strategic approach of analysis and implementation.
 In the context of the above, the main conclusion and recommendations arising from the paper refer to the fact that the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
 It is also important to emphasize that every society needs to find its own explicit way of setting the legal framework in this issue, primarily as a result of existing opportunities and capacities, in terms of resources and technological benefits, which significantly affect of the process of effective implementation.