Combating Signal Piracy- A Shift From The Signal Based Approach

Abstract

Broadcasting organization can be defined as an entity which shoulders the complete responsibility for broadcasting the signal. This would also include assembling and scheduling the programmes. The entities which delivers the signal exclusively by means of a computer network are also brought under the purview of the broadcasting organization.1 Several international conventions were drafted intending to confer effective protection to the broadcasting organizations against illegal use of the program- carrying signals. In spite of all these legal instruments, infringements are happening in the form of signal thefts which is disadvantageous to the broadcasting organizations. Signal piracy, if left unchecked can cause a serious concern for the proliferation of the entertainment industry. This can affect the marketability as well as the profitability of the broadcasting organizations This will eventually affect public interest, in case if the broadcasters restrict broadcasting programmes of public importance. Traditional broadcasters and in most cases the public broadcasting organizations in developing and least developed countries are the worst affected. Signal piracy, not only affects the interests of broadcasting organizations, but also it affects the rights of the copyright holders of the content which is being broadcasted. In this paper, the author intends to analyze the scope of the existing national as well as international legislations in combating signal piracy and to the extent in which they could protect the rights of the broadcasting organizations. While analyzing the legislations, the paper intends to demarcate signal based and right based approach in protecting the broadcasting organizations.