Page 378 - Regional Comprehensive Economic Partnership (RCEP)
P. 378

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                              (b)    wilful distribution ;or

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                              (c)    wilful reception and further distribution ,

                              of a programme-carrying signal that originated as an encrypted
                              programme-carrying  satellite  signal,  knowing  that  it  has  been
                              decoded without the authorisation of the lawful distributor of the
                              signal.


                       Article 11.13: Collective Management Organisations

                       1.     Each  Party  shall  endeavour  to  foster  the  establishment  of
                              appropriate  organisations  for  the  collective  management  of
                              copyright and related rights.  Each Party shall encourage such
                              organisations to operate in a manner that is fair, efficient, publicly
                              transparent,  and  accountable  to  their  members,  which  may
                              include open and transparent record keeping of the collection and
                                                      12
                              distribution of royalties .

                       2.     The  Parties  recognise  the  importance  of  fostering  cooperation
                              between their respective collective management organisations for
                              the  purposes  of  mutually  ensuring  easier  licensing  of  content
                              among the Parties, as well as encouraging  mutual transfer of
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                              royalties  for  use  of  works  or  other  copyright-protected  subject
                              matters of the nationals of another Party.


                       Article 11.14: Circumvention of Effective Technological Measures

                       Each Party shall provide adequate legal protection and effective legal
                       remedies against the circumvention of effective technological measures
                       that are used by authors, performers, or producers of phonograms in
                       connection with the exercise of their rights referred to in this Section and



                       10  For greater certainty, a Party may interpret “distribution” as “retransmission to the
                       public”.

                       11  For greater certainty, a Party may interpret “distribution” as “retransmission to the
                       public”.

                       12  For greater certainty, “royalties” may include equitable remuneration.

                       13  For greater certainty, “encouraging” does not require a Party to intercede in any
                       contractual arrangements between collective management organisations.




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