Copyright, Designs and Patents Act 1988
93(1)Paragraph 17 of Schedule 2 to that Act (no infringement of performance rights by use of recordings for certain supervisory purposes) shall be amended as follows.
(2)In sub-paragraph (2)—
(a)for paragraph (a) there shall be substituted—
“(a)section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;”;
(b)in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “by virtue of section 334(1) of the Communications Act 2003”;
(c)in paragraph (c), for “Radio Authority” there shall be substituted “OFCOM”;
(d)after paragraph (c) there shall be inserted—
“(d)section 334(3) of the Communications Act 2003.”
(3)For sub-paragraph (3) there shall be substituted—
“(3)The rights conferred by Part 2 are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a)any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b)any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4)In subsection (3), “existing material” means—
(a)any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b)any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.”