Statement on Copyright Compliance Directive to Subscriber Television Operators in Jamaica April 24, 2015

Similar documents
[THESE VIEWS DO NOT NECESSARILY REPRESENT THOSE OF THE BROADCASTING COMMISSION]

means currency other than Jamaican currency and includes foreign currency instruments as defined in the Act.

Cable Television Welcome Guide

Guidance regarding the licensing position on the provider of a service and the sub-letting of capacity

ELECTRICITY SUPPLY/ TRADE LICENSE KORLEA INVEST A.S

Decree Law No. (34) of 2006 on the promulgation of the Telecommunications Law

(the "Website") is provided by Your Choice Counselling.

BILL DRAFT 2005-RBxz-36B: Video Service Competition Act

Complaint about Bundling of Pay TV and Broadband Internet Access Services by Hong Kong Cable Television Limited

Fair Trading Commission

2. Our Conditions 2.1 When They Apply 2.2 Deposit 2.3 Your Account and On Line Sign Up 2.4 Minimum Period of Service 2.

Debt collection guidance

General Condition 23 on Sales and Marketing of Mobile Telephony Services

Legislative Council Secretariat INFORMATION NOTE. Regulation of advertising and sponsorship for commercial radio broadcasting in selected places

CAYMAN ISLANDS. Supplement No. 1 published with Gazette No. 22 of 22nd October, MUTUAL FUNDS LAW (2012 REVISION)

Philippi Communications System

Acceptable Use Policy

The Electronic Transactions Law Chapter I Title and Definition

Investment Business in Bermuda

GUIDELINES TO APPLICATION FOR TELECOMMUNICATION DEALER S LICENCES

CIVIL CODE OF THE RUSSIAN FEDERATION

Supplement No. 5 published with Gazette No. 15 of 20th July, MUTUAL FUNDS LAW. (2009 Revision)

Annex 8 Summaries of Direct Investigation Assessments

CENTURY 21 CANADA LIMITED PARTNERSHIP WEBSITE TERMS OF USE

Best Companies Limited Website Terms and Conditions

ST HELENA TELECOMMUNICATIONS ORDINANCE, CAP 106 LICENCE TO OPERATE BROADCASTING STATIONS AND TO BROADCAST SERVICES (TELEVISION BROADCASTING LICENCE)

Advertising Terms & Conditions

NC General Statutes - Chapter 66 Article 42 1

SOFTWARE LICENSE AND NON-DISCLOSURE AGREEMENT

TOWN OF RAYMOND, MAINE CABLE TELEVISION ORDINANCE Adopted 11/06/2000

Acceptable Use Policy

Option 1 would result a continuation of the status quo whereby the 2001/2004 Industrial Relations Acts had become inoperable.

DEPARTMENT OF LABOUR IMMIGRATION. Enforcing the Immigration Act 2009 Employers and Carriers

BERMUDA PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT : 78

Exception: If the player is already in possession of a FIBA Identity Card, the card number should be indicated on the list.

IMPORTANT IT IS DEAMED THAT YOU HAVE READ AND AGREE TO ALL TERMS & CONDITIONS BEFORE USING THIS WEBSITE.

Consumer Credit Licensing. For more information go to What is the purpose of this form?

Social Media Platform Agreements and Brand Risk

Marketing Services Subscription Agreement

Policy on Business Arrangements, Reselling, and Marketing of NMLS Approved Courses (Updated March 25, 2014)

FAX-TO- END-USER LICENSE AGREEMENT

WHAT KIND OF PERSONAL INFORMATION DOES NINE COLLECT AND HOW DOES NINE COLLECT IT?

CHAPTER 13 TELECOMMUNICATIONS. commercial mobile services means public telecommunications services supplied through mobile wireless means;

Acceptable Use Policy

FIFA TV Division FIFA World Cup Preliminary Draw. News Access Policy for Television, Internet and Mobile broadcasters

S broadband as well as the transition to digital television, IN THE SENATE OF THE UNITED STATES

Freeview CHANNEL OPERATOR TRADE MARK LICENCE. THIS LICENCE is made BETWEEN:

Compliance Policy ALCO recommended standard

Guidance on the requirements of consumer law applicable to the sale and advertising of flights and holidays CAP 1014

SURE MOBILE TELEMETRY SERVICE SPECIFIC TERMS AND CONDITIONS

COMPLIANCE FRAMEWORK AND REPORTING GUIDELINES

EU policy and regulation of technical platform services to digital television. Agenda. 1. From analogue to digital television

Liquor Control (Supply and Consumption) Bill

Licence Chapter 639 Special Transportation Services

Coverage is subject to a Deductible

Technical Accounting Alert

Testimony of Preston R. Padden. Executive Vice President, Worldwide Government Relations. The Walt Disney Company. Before the U.S.

SURE Services Terms and Conditions SURE MAIL

IT1. Acceptable Use of Information Technology Resources. Policies and Procedures

Please read these Terms and Conditions carefully. They Govern your access and use of our Website and services on it.

Nigerian Communications Commission Guidelines on Advertisements and Promotions. Part 3 - Minimum Standards and Requirements for advertisements

Terms and Conditions For Mobile Phone Service. Pre-Paid Type. Between The Service Provider And Subscribers

立 法 會 Legislative Council

Competition and consumer law an overview for small business

VIRGIN ISLANDS PRIVATE SECURITY INDUSTRY ACT, 2007 ARRANGEMENT OF SECTIONS PRELIMINARY PART I LICENSING

CREATIVE OPPORTUNITIES WEBSITE TERMS OF USE RECRUITERS

INTRODUCTION TO TRADE MARKS INTRODUCTION TO TRADE MARKS

DRAFT Local Digital Television Programme Service (L-DTPS) licence application form

Cass Cable TV, Inc. and Greene County Partners, Inc. CASSCOMM ACCEPTABLE USE POLICY


GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1198

JRI S STANDARD TERMS OF PURCHASE. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Acceptable Use Policy - NBN Services

ATLANTIC TELECOM MULTIMEDIA CONSOLIDATED, LLC SUBSCRIBER AGREEMENT

PAYMENT SERVICES AND SYSTEMS ACT (ZPlaSS) CHAPTER 1 GENERAL PROVISIONS SUBCHAPTER 1 CONTENT OF THE ACT. Article 1. (scope)

The Mortgage Brokerages and Mortgage Administrators Act

NEW ERA LIFE INSURANCE COMPANY GENERAL AGENT S CONTRACT. For. Name. Address. City State Zip

TERMS AND CONDTIONS Action Web Design Limited

Appendix C. National Subscription Television Regulations

between Italy and Switzerland

GENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014

How To Write An Act Of Parliament

means the Eligibility Criteria set forth in clause 4 of these Rules.

Acceptable Use Policy ("AUP")


Please read these Terms and Conditions of Use carefully. They govern the provision and use of the MyPAYE Online Payroll service and website.

LEAD INTRODUCERS AND COMPLIANCE

Embedded Network Solutions Australia Pty Ltd (ENSA) INTERNET ACCEPTABLE USE POLICY

Sycamore Leaf Solutions LLC

Fraud and Abuse Policy

POLICY ON CABLE RE-TRANSMISSION AND THE CABLE COPYRIGHT EXEMPTION

Use this form to open / close your WPOL and EPOL accounts or change your administrators (For Employment Agencies Access only)

Policy on Unauthorized Peer- to-peer File Sharing

NOTICE 658 OF 2015 INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005), AS AMENDED:

WEBSITE TERMS OF USE

Internet: Copying & Downloading

Rolls Royce s Corporate Governance ADOPTED BY RESOLUTION OF THE BOARD OF ROLLS ROYCE HOLDINGS PLC ON 16 JANUARY 2015

COLLEGES AND UNIVERSITIES LICENSE AGREEMENT (One Tier)

TECHNICAL KNOWLEDGE BASE (TKB) USER AGREEMENT BETWEEN

THE OFFICE OF FAIR TRADING (OFT) DEBT COLLECTION GUIDANCE

Transcription:

Statement on Copyright Compliance Directive to Subscriber Television Operators in Jamaica April 24, 2015 Cable television operators in Jamaica are required to comply with local and international copyright laws and regulations, particularly relating to the channels and programmes that they sell to subscribers. Many of these cable companies, large and small, have been operating in violation of this requirement, despite measures that have been taken by the Broadcasting Commission to secure compliance. Several operators were found by the Broadcasting Commission to be in breach of their licences on the grounds of copyright violation. Recommendations for the suspension of, and non-renewal of some cable licences have been made, and some operators ordered to remove certain unauthorised channels. The Commission has, in the past, also ordered the blocking of unauthorised programmes that infringed copyright, and recommended the introduction of hefty financial sanctions for copyright breaches. Despite these efforts, and representations by certain international rights holders, spanning many years, the problem of non-compliance persists. 1

In Jamaica, as in many countries, programme authorization for use is often a matter for commercial transactions and business negotiations among international rights holders and local content providers. In some cases, these negotiations have been protracted, with some cable operators finding the authorization costs to be prohibitive. There are also some channels whose USbased owners refuse to offer distribution rights in the Caribbean either because the cable market is considered too insignificant or because the channel owners have no rights clearance beyond US territory. This is despite the fact that there is demand in Jamaica and the Caribbean for those channels. However, in the absence of settled business arrangements, the distribution of such unlicensed channels by local cable companies has been elevated to a contentious international trade issue, threatening the reputation of Jamaica. Against this background, additional enforcement measures are required for the orderly, phased elimination of unlicensed cable channels from the Jamaican marketplace. Over the past 6 months we have been in intensive meetings and discussions with local Cable Operators, their trade grouping JACCO, international channel owners, the Office of the United States Trade Representative (USTR), Ministry of Foreign Affairs and Foreign Trade, among others, on this matter. Our focus has been on obtaining legitimate content for distribution in Jamaica 2

and arriving at a strategy for the orderly, phased elimination of unlicensed channels from cable. One outcome of those consultations is a decision by the Commission to issue a Directive to cable licensees in Jamaica requiring the removal of nineteen (19) cable channels from transmission in subscriber packages, with effect from May 31, 2015. This represents the first phase of a process of compliance enforcement. The channels involved in this first phase include nine (9) from the Encore suite of channels, five (5) from the Showtime group of channels, four (4) from the Starz group of channels as well as the channel known as the 'Movie Channel Extra'. The full list of Channels is as follows: 1. Encore Black 11. Showtime East 2. Encore Family 12. Showtime West 3. Encore Love 13. Showtime TOO 4. Encore Suspense 14. Showtime 2 5. Encore WAM 15. Showtime Showcase 6. Encore Classic 16. Starz Comedy 7. Encore Drama 17. Starz West 8. Encore Mystery 18. Starz Kids & Family 9. Encore Movie Plex 19. Starz Multiplex 10.The Movie Channel Xtra 3

Cable Operators have been directed to remove these channels and to provide subscribers with notice of the discontinuation and an explanation of the reasons for doing so. Cable operators must also make whatever arrangements become necessary based on the terms of contracts with subscribers, including refunds and channel substitution, where applicable and/or appropriate. Cable operators have also been directed, with immediate effect, to cease the promotion of any unlicensed channel to members of the public, as this constitutes false advertising and would be a violation of the Directive. The Broadcasting Commission is aware that these copyright compliance actions will affect the viewing habits of Jamaicans who have become accustomed to viewing some of these channels. We regret the inconvenience, and ask for public understanding that this regulatory action has become necessary to ensure that citizens are provided with legally cleared cable packages, and that Jamaica's good name as an international trading partner is not compromised. The Broadcasting Commission has and must continue to enforce the rules that govern broadcasting, in particular, the requirement that there be compliance with the Copyright Act. The public is being assured that as we remain vigilant on copyright compliance, so too will the Commission maintain its ongoing dialogue with cable operators and international rights 4

holders, on arriving at settled agreements and the crafting of new approaches for a durable solution. Broadcasting Commission April 25, 2015 5