The law confers rights to " broadcasting organisations" on their broadcasts. Thus, radio and television broadcasters hold a related right on the broadcasts they diffuse, even if they are not the producers of these broadcasts. It is the investment devoted to the broadcasting of the signal that is protected.
Which broadcasts are concerned by the rights of broadcasting organisations?
These are sound or image broadcasts emitted via radio-electric waves for reception by the public.
If they also produce these broadcasts, they can combine this protection with the related right from which they benefit as producers.
What are the privileges of broadcasters ?
The related rights of broadcasters aim to protect its activity. Indeed, the activity requires bringing together the resources required to broadcast content for audiences. This work is protected via the protection of broadcasts by a related right. This right allows them to reserve the exploitation of their broadcasts for themselves and, therefore, to prevent any other person from exploiting them.
The broadcasting organisation only has the right to authorise the rebroadcasting of its broadcasts to the public. Therefore, its authorisation is required to diffuse a recording of one of its broadcasts, even for free.
On the other hand, such an authorization will not be necessary to broadcast in public the program of a broadcasting organization at the time when the latter broadcasts it, and on condition that no entrance fee is claimed from the public (example : live broadcast of a football match in a café).
However, making copies of their broadcasts is subject to their authorisation (except private copying), as is the distribution of copies of their broadcasts. The authorisation of the broadcasting organisation is also required to post its broadcasts on the Internet or on video on demand.
Broadcasters do not benefit from any moral right, unlike authors or performers.