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PART 4BROADCASTS

Restrictions on the application of Part 1 of the Act to broadcasts

6.—(1) The application of Part 1 of the Act to broadcasts by virtue of section 159(2) is subject to the restrictions specified in paragraphs (2) and (3).

(2) Part 1 of the Act only applies by virtue of section 159(2) to a wireless broadcast made from a country on or after the date that country became a party to the Rome Convention.

(3) Part 1 of the Act only applies by virtue of section 159(2) to a broadcast, which is not a wireless broadcast, where that broadcast is made from Switzerland.

Application of Part 1 of the Act under section 159(4) – WTO members

7.—(1) This article applies to a relevant country that is a member of the WTO but not a party to the Rome Convention.

(2) Where this article applies to a relevant country, Part 1 of the Act applies to a wireless broadcast in relation to that country in the manner set out in paragraph (4) subject to paragraph (3).

(3) The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—

(a)section 18A (infringement by rental of work to the public) does not apply;

(b)section 19 (infringement by showing or playing the work in public) only applies in relation to television broadcasts;

(c)section 20 (infringement by communication to the public) only applies in relation to broadcasting by wireless telegraphy;

(d)section 26 (secondary infringement: provision of apparatus for infringing performance, &c) does not apply in so far as it relates to television broadcasts;

(e)section 107(2A) (criminal liability for communicating to the public) only applies in relation to broadcasting by wireless telegraphy; and

(f)Part 1 of the Act only applies to a broadcast made on or after 1st January 1996 or, if later, the date on which the relevant country became a member of the WTO.

(4) Part 1 of the Act applies in relation to—

(a)a person who is a citizen or subject of a relevant country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;

(b)a body incorporated under the law of a relevant country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and

(c)a wireless broadcast made from that country as it applies in relation to a wireless broadcast made from the United Kingdom.

Application of Part 1 of the Act under section 159(4) – miscellaneous countries

8.—(1) This paragraph applies to the following countries—

(a)Indonesia; and

(b)Singapore.

(2) This paragraph applies to the following countries—

(a)Hong Kong;

(b)Indonesia;

(c)Malawi;

(d)Malaysia; and

(e)Singapore.

(3) Where paragraph (1) applies to a country, Part 1 of the Act applies to a broadcast which is not a wireless broadcast in relation to that country in the manner set out in paragraph (5)(a), (b) and (d).

(4) Where paragraph (2) applies to a country, Part 1 of the Act applies to a wireless broadcast in relation to that country in the manner set out in paragraph (5)(a), (b) and (c) subject to paragraph (6).

(5) Part 1 of the Act applies in relation to—

(a)a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;

(b)a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom;

(c)a wireless broadcast made from that country as it applies in relation to a wireless broadcast made from the United Kingdom; and

(d)a broadcast which is not a wireless broadcast made from that country as it applies in relation to a broadcast which is not a wireless broadcast made from the United Kingdom.

(6) Part 1 of the Act only applies to a wireless broadcast made on or after 1st June 1957 or, in the case of Malawi, on or after 22nd June 1989.