PART 2AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
Broadcasts
Provisions relating to broadcasts4
Section 6 shall be amended as follows—
a
for subsection (1) there shall be substituted—
1
In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—
a
is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or
b
is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,
and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.
1A
Excepted from the definition of “broadcast” is any internet transmission unless it is—
a
a transmission taking place simultaneously on the internet and by other means,
b
a concurrent transmission of a live event, or
c
a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.
b
in subsection (3) for the words “, broadcasting a work, or including a work in a broadcast” there shall be substituted “
or a transmission which is a broadcast
”
;
c
in subsection (4) before the word “broadcast”, where it first appears, there shall be inserted “
wireless
”
;
d
after subsection (5) there shall be inserted—
5A
The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.