Committee of experts on protection of journalism and safety of journalists (MSI-JO)

Activities
STANDARD-SETTING
  Steering Committee (CDMSI)
  Bureau of the Committee (CDMSI-BU)
  Former Steering Committee (CDMC)
  Former Bureau of the Committee (CDMC-BU)
  Committee of Experts on Protection of Journalism and Safety of Journalists (MSI-JO)
  Committee of Experts on cross-border flow of Internet traffic and Internet freedom (MSI-INT)  
CONVENTIONS
  Transfrontier Television
  Conditional Access
COOPERATION
  Legal and Human Rights Capacity Building
FORMER GROUPS OF SPECIALISTS
  Rights of Internet Users
  Information Society
  New Media
  Public Service Media Governance
  Cross-border Internet
  Protection Neighbouring Rights of Broadcasting Organisations
  Media Diversity
  Public service Media
 
Events
  Conference Freedom of Expression and Democracy in the Digital Age - Opportunities, Rights, Responsibilities, Belgrade, 7-8/11/2013
  Conference "The Hate factor in political speech - Where do responsibilities lie?", Warsaw18-19 September 2013
  Conference of Ministers, Reykjavik - Iceland, 28-29 May 2009
  European Dialogue on Internet Governance (EuroDIG)
 
Documentation
  Conventions
  Committee of Ministers texts
  Parliamentary Assembly texts
  Ministerial Conferences
  Publications
  Translations
 
Useful links

1.

Name of committee:

Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

2.

Type of committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

The Committee of Ministers upon the proposal of the Steering Committee on the Media and New Communication Services (CDMC)

4.

Terms of reference:

 

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), in particular chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”;

-

Decision No. CM/875/20022008 adopted by the Ministers’ Deputies on 20 February 2008 at their 1018th meeting on Ad hoc terms of reference for the Steering Committee on the Media and New Communication Services (CDMC) on the protection of the neighbouring rights of broadcasting organisations;

-

Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5), its additional protocols and the case-law of the European Court of Human Rights.

 

Under the authority of the Steering Committee on the Media and New Communication Services (CDMC) and in relation with the implementation of Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”, the Group is instructed to:

i.

Pursue work on the protection of neighbouring rights of broadcasting organisations and, if the requisite conditions are met, submit a draft convention on the subject.

5.

Composition of the Group:

5.A.

Members

 

The Group shall be composed of five specialists in intellectual property law, to be appointed by the Secretary General. The Council of Europe budget will bear their travel and subsistence expenses incurred in connection with their participation in meetings of the Group.

5.B.

Other Participants

 

The European Commission may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

5.C.

Observers

 

The following bodies and intergovernmental organisations may send a representative to meetings of the Group without the right to vote or defrayal of expenses:

- Association of Commercial Television in Europe (ACT);
- World Intellectual Property Organisation (WIPO);
- European Broadcasting Union (EBU).

6.

Working Methods and Structures

 

In order to carry out its tasks, the Group may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant governmental and/or non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The MC-S-NR is entitled to invite other participants and/or observers to meetings of the Group, without the right to vote or defrayal of expenses. Member states may be able to designate representatives to attend and present their position at meetings, without the right to vote or defrayal of expenses. The MC-S-NR will have to request the necessary authorisation from the CDMC for the admission of observers (other than those already identified in the Terms of Reference).

7.

Duration

 

These terms of reference will expire on 31 December 2010.

 
 
 
 

CONSULTATION MEETING
ON THE PROTECTION OF RIGHTS OF BROADCASTING ORGANISATIONS

______

Agora Building,
28-29 January 2010

Strasbourg

Room G04

Agenda

1. Draft agenda and draft annotated agenda.

2. Terms of Reference of the Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR).

3. Report of the 11th meeting of the CDMC (page 11).

4. Memorandum on a possible Council of Europe Instrument on the Protection of Broadcasting Organisations; Feasibility assessment for the CDMC prepared by the Ad-hoc Stocktaking Group (CDMC(2008)Misc6rev2).

5. Recommendation Rec(2002)7 of the Committee of Ministers to member states on measures to enhance the protection of the neighbouring rights of broadcasting organisations. https://wcm.coe.int/ViewDoc.jsp?id=303043&Lang=en

6. Revised Draft Basic Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations; SCCR Fifteenth Session, 11-13 September 2006 (SCCR/15/12).
http://www.wipo.int/edocs/mdocs/copyright/en/sccr_15/sccr_15_2.doc

7. The WIPO Treaty on the Protection of Broadcasting Organisations; Informal Paper prepared by the Chairman of the Standing Committee on Copyright and Related Rights (SCCR) According to the Decision of the SCCR at its 16th Session (March 2008); SCCR Seventeenth Session, 3-7 November 2008 (SCCR/17/INF1).

8. Protection of the Rights of Broadcasting Organizations; Submitted by the European Community and its Member States; SCCR Sixth Session, 26-30 November 2001 (SCCR/6/2).

9. Article 1BIS; Proposal submitted by the European Community and its Member States; SCCR Ninth Session, 23-27 June 2003 (SCCR/9/12).

10. Protection of Broadcasting Organizations: Terms and Concepts – Working paper prepared by the Secretariat; SCCR Eighth Session, 4-8 November 2002 (SCCR/8/INF.1).

11. Study on the Socio Economic Dimension of the Unauthorized Use of Signals; Part I: Current Market and Technology Trends in the Broadcasting Sector; SCCR Nineteenth Session, 14-18 December 2009 (SCCR/19/12).
http://www.wipo.int/edocs/mdocs/copyright/en/sccr_19/sccr_19_12.pdf


1 CDMC(2008)Misc6rev2

2 Idem.

3 Three-step test clauses generally provide for the application of limitations and exceptions to certain special cases which do not conflict with the normal exploitation of the protected work and do not unreasonably prejudice the legitimate interests of the right holder. These principles are recognised in the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS: (Agreement on Trade Related Aspects of Intellectual Property Rights), and the WIPO Copyright Treaty.