BBC takes legal action
reopen hearings into copyright issues, in particular over what it claims is its exclusive right to show certain programming.
To that end the BBC has filed a writ in Supreme Court against the Minister for Technology John Barritt disputing a May 9 letter he sent to the company rejecting their request to reopen the copyright hearings.
The writ comes at a time when the Telecommunications Commission is set to make a final report to Mr. Barritt about updating and refining statues relating to copyrights, trademarks and patents. If successful, the writ could delay any pending legislation.
The issue concerns BBC's claims that Bermuda Cablevision Ltd. is infringing on its exclusive agreements to carry certain television programming. BBC wants compensation for losses and $200,000 in legal fees. The BBC also claims it lost an annual $250,000-contract with Government for children's television programming because Cablevision began carrying the same shows.
Both companies presented their case in March before commission members, who had been asked by Mr. Barritt to investigate their concerns and inquire generally into matters of copyright.
The meeting was held in camera. BBC feels the hearing should have been open to the public and is also questioning the commission's procedures in conducting the hearing.
In discussing the issue BBC chairman Fernance Perry said in the firm's latest annual report: "The company has stepped up its fight to secure protection for its programming for which we have exclusive rights. Many of you would be aware of the decade-long battle to force Bermuda Cablevision to acknowledge our fully executed contractual agreements with syndicated programme suppliers.
"We have always maintained that the duplication of our programmes has impacted significantly on our bottom line.'' Mr. Perry also noted that CBS and ABC network executives have urged the company to press the minister "for legislation that will ultimately prevent the piracy of the network signals''.
Government has maintained the issue is a matter to be settled between the two companies.
The US Government, the Motion Picture Export Association of America (MPEAA) and others have also challenged Cablevision over programming royalties. The company has put $16 million in escrow relating to its dispute with the MPEAA.
TELEVISION TV