Copyright, Designs and Patents Act 1988

72 Free public showing or playing of broadcast F1. . . .E+W+S+N.I.

(1)The showing or playing in public of a broadcast F2. . . to an audience who have not paid for admission to the place where the broadcast F2. . . is to be seen or heard does not infringe any copyright in—

[F3(a)the broadcast; [F4or]

(b)any sound recording (except so far as it is an excepted sound recording) included in it F5...

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7(1A)For the purposes of this Part an “excepted sound recording” is a sound recording—

(a)whose author is not the author of the broadcast in which it is included; and

(b)which is a recording of music with or without words spoken or sung.

(1B)Where by virtue of subsection (1) the copyright in a broadcast shown or played in public is not infringed, copyright in any [F8film or] excepted sound recording included in it is not infringed if the playing or showing of that broadcast in public—

(a)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is necessary for the purposes of—

(i)repairing equipment for the reception of broadcasts;

(ii)demonstrating that a repair to such equipment has been carried out; or

(iii)demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.]

(2)The audience shall be treated as having paid for admission to a place—

(a)if they have paid for admission to a place of which that place forms part; or

(b)if goods or services are supplied at that place (or a place of which it forms part)—

(i)at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F10. . . , or

(ii)at prices exceeding those usually charged there and which are partly attributable to those facilities.

(3)The following shall not be regarded as having paid for admission to a place—

(a)persons admitted as residents or inmates of the place;

(b)persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F11. . . is only incidental to the main purposes of the club or society.

(4)Where the making of the broadcast F12. . . was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast F12. . . shall be taken into account in assessing the damages for that infringement.

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Amendments (Textual)

F3S. 72(1)(a)-(c) substituted (31.10.2003) for s. 72(1)(a)(b) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(1)(a) (with regs. 31-40)