| Summary: | 碩士 === 國立交通大學 === 科技法律研究所碩士在職專班 === 106 === The term “direct” in the definition of public broadcasting right has its meaning indeed. In the case of “the behavior of using satellites to transmit program signal to cable system operators”, as each cable TV receives signal only from the signal receiving relay station, at this time, the “original broadcast” action has not been completed. The “original broadcast” will only be completed when the satellite transmits the program signal to the “viewers”. Hence, this view does have impact on the existing market structure in Taiwan. The actual impact is on how to collect fees from users. Nonetheless, if some supporting measures are used, the impact can be reduced.
In regards to the signal transmission of public broadcasting, according to the current international conventions and practices operated in different countries, most of them include microwave (signal) to be protected by broadcasting act, or “deemed” to be protected by copyright law (the chapter of Electronic Rights Management Information and Technological Protection Measures). The work that is transmitted by microwave and protected by copyright law will be observed by copyright law as usual. For the work that is transmitted by satellite and is protected by copyright law, unauthorized use without consent at this time will infringe the public broadcasting right of the owners of the work.
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