TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 58

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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