Newsletter
CAN SMALL STORES WITH TV RECEIVERS PLAY PROGRAMS OF WIRELESS TV STATIONS
Recently, whether a small catering store or hair salon fitted with television receivers can play programs of wireless TV stations for customers' viewing became a topic. The Intellectual Property Office(IPO) again stated in a recent interpretation that as the right of public broadcast is owned by the owner of the economic rights in a work, prior authorization or consent must be obtained from such owner in order not to incur any infringement. Whether or not such prior authorization or consent must be obtained for the small catering store or hair salon is analysized by the IPO sndas follows:
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No authorization is required.
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If a television receiver installed on a business premise receives
television program signals and the sound or images originally broadcasted is/are
not communicated to another video receiving equipment, it should be deemed an act
of "pure switchon" rather than "public broadcast."
Therefore, no authorization is required.
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The utilization requires an authorization.
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When an operator plays television programs within its business premise,
and the program signals are first received by receiving apparatus that the operator
installs and the sounds or images received from the original TV station are then
distributed by means of a cable system to other receiving equipment for customers'
viewing within the business premise, it should be deemed "public broadcast," which
is also known as "rebroadcast" or "second broadcast."
As the right of public broadcast is owned by the owner of economic rights
in a work, prior authorization or consent should be obtained from the owner in order
to avoid any infringement.
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