Програмата на телевизионната организация като обект на право, сродно на авторското право. Опит за изясняване на понятието „телевизионна програма“ по смисъла на Закона за авторското право и сродните му права
The Programme of a Television Organisation as Subject to a Right Related to Copyright.An Attempt to Clarify the Concept of “Television Programme“ within the Meaning of the Law on Copyright and Related Rights

Summary/Abstract: The programme of radio and television organisations is among the four subjects of rights related to copyright, which are exhaustively listed in Art. 72 of the Copyright and Related Rights Act (CRRA). The CRRA does not provide a legal definition of the term “programme“ of a television organisation. A definition of “programme“ is contained in § 1, p. 3 of the Supplemental Provisions of the Radio and Television Act (RTA), however, the said definition is completely inapplicable to the regulation of copyright and related rights as per the CRRA. This article attempts to define the concept of “programme“ within the meaning and for the purposes of the CRRA by proceeding from two premises – first, taking into account the indisputable normative fact that the programme is subject to a right related to the copyright, which means it should be individualized by those generic characteristics which are typical of the subjects of these rights and, second, finding such positive regulatory framework that would provide the main features of the concept of “programme”. On the basis of these premises and the logical and grammatical interpretation of the RTA, and in connection with the provisions of Directive 2010/13/EU, the article offers the following definition of a programme of a television organisation within the meaning of the CRRA: “A programme is the aggregate of all transmissions broadcast or intended for broadcasting which are provided by a television organisation for simultaneous viewing/listening, set out in order of days and hours for a specified period of time“. The article also analyzes the characteristics of the first broadcasting of a television programme, which brings about the emergence of a right related to copyright over the television programme.

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