Monday, November 3, 2014

Article QQ.G.ZZ: {Internet Retransmission}

[US/SG/PE propose: CL/VN/MY/NZ/MX/CA/BN/JP oppose: No Party may permit the retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders of the content of the signal [SG oppose: and, if any, of the signal].118]119


FN attached to QQ.G.2: A Party may not limit this right in order to provide for a compulsory remuneration regime in cases where an over the air signal containing an audiovisual work is transmitted on the Internet.]

Article QQ.G.9: {Contractual Transfers}
Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right121 in a work, [SG/BN/MY/VN oppose: performance,] or phonogram:
  1. may freely and separately transfer that right by contract; and

  2. by virtue of a contract, including contracts of employment underlying the creation of works, [SG/BN/MY/VN oppose: performances,] and phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right.122

Article QQ.G.X: {No Formalities Rule}
No Party may subject the enjoyment and exercise of the rights of authors, performers and producers of phonograms provided for in this Chapter to any formality.

Article QQ.G.10: {Technological Protection Measures}123 124
(a) In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works, performances, and phonograms,125 each Party shall provide that any person who:

  1. knowingly [MX propose:, or with respect to civil remedies] [CL oppose:, or having reasonable grounds to know,] circumvents without authority any [MY propose: such] effective technological measure [MY oppose: that controls access to a protected work,126 performance, or phonogram];127 or
  2. manufactures, imports, distributes128, offers for sale or rental to the public, or otherwise provides devices, products, or components, or offer to the public or providers services, that:
    1. are promoted, advertised, or otherwise marketed by that person129 for the purpose of circumventing any effective technological measure,

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