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.