SCHEDULE 1CONSEQUENTIAL AMENDMENTS

PART 1AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Amendment of certain definitions

15.—(1) In section 135A(5), before the definition of “needletime”, there shall be inserted—

“broadcast” does not include any broadcast which is a transmission of the kind specified in section 6(1A)(b) or (c);.

(2) For section 144A(7) there shall be substituted—

(7) In this section—

“cable operator” means a person responsible for cable re-transmission of a wireless broadcast; and

“cable re-transmission” means the reception and immediate re-transmission by cable, including the transmission of microwave energy between terrestrial fixed points, of a wireless broadcast..

(3) In section 178, at the appropriate places, the following definitions shall be inserted—

“private study” does not include any study which is directly or indirectly for a commercial purpose;;

“wireless broadcast” means a broadcast by means of wireless telegraphy;.

(4) In section 179, at the appropriate places, the following entries shall be inserted—

communication to the publicsection 20
private studysection 178
wireless broadcastsection 178.

(5) Section 211 shall be amended as follows—

(a)in subsection (1)—

(i)at the appropriate places the following entries shall be inserted—

  • communication to the public,

  • injunction (in Scotland)

  • wireless broadcast.;

(ii)for “sound recording.” there shall be substituted “sound recording, and”;

(b)in subsection (2) for the words “6(3) to (5), section 7(5) and 19(4)” there shall be substituted “6(3) to (5A) and section 19(4)”.

(6) In section 212, at the appropriate places, the following entries shall be inserted—

communication to the publicsection 211(1) (and section 20)
injunction (in Scotland)section 211(1) (and section 177)
making available rightsection 182CA.