would be confined to those which could
be derived from the efficient provision
of a relay service. But in Hong Kong
it is also the originator of its
own wired programmes and is therefore
in direct competition with TVB. The
exercise of its exclusive relay rights
would thus give it an advantage over
its competitor (and over any other
competitor who may appear on the scene
in the future). For this reason there
seems a good case for putting all
television broadcast companies (whether
they originate wired or wireless
programmes) on the same footing with
regard to the use of each other's
programmes by extending copyright
protection to all such programmes.
27. One of the arguments put
forward by RTV in support of their
case (see paragraph 132 above) is
that nowhere else in the world, so
far as they are aware, is a broadcasting
company given any copyright protection
against the relay of their programmes.
However, certain foreign copyright laws
(e.g. those of Germany) give broadcasters
at least the right to remuneration When where their programmes are relayed by
wire. The Council of Europe Convention
of 1960 on the protection of television
broadcasts provides that broadcasting
organisations shall enjoy "the right to
authorise or prohibit
the
diffusion of such broadcasts to the
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