Indeed, in the United Kingdom, he could not do so since relay is not
one of the acts restricted by the copyright in a broadcast.
As to
the owners of underlying copyrights, Section 40 of the Act covers the
matter in the United Kingdom, so far as United Kingdom broadcasts are
Case law has established that the copyright owners have
concerned.
no claims against relay operators in Canada and the same position has
now been established in America by the decision of the Supreme Court
of the United States above referred to.
6. So far as the Commonwealth is concerned, Section 31(1)
of the Act provides that the Act may be extended by Order in Council
to the Isle of Man, any of the Channel Islands, any colony, any country
outside Her Majesty's dominions in which Her Majesty has jurisdiction
and any country consisting partly of a colony or colonies and partly
of countries where Her Majesty has jurisdiction.
17
Since 1957, when the Act came into force, the Act has in
fact been extended, with modifications in each case to a large number
of countries. At the moment these are:- Isle of Man, Gibralter, Fiji,
Bermuda, Bahamas, British Virgin Islands, Falkland Islands, St. Helena,
Seychelles, Cayman Islands, Montserrat, St. Lucia, Grenada, British
Honduras and St. Vincent. Also the following countries which
subsequently attained independence:- Mauritius, Sarawak, North Borneo,
Kenya, Botswana, Guyana, Uganda and Zanzibar.
18
All the above countries, except St. Helena, Cayman Islands
and North Borneo are believed to have their own sound broadcasting
stations, but only Gibralter, Bermuda, Mauritius, Kenya and Uganda have
their own television stations.
19. All the Orders in Council are in form similar to that
proposed for extending the Act to Hong Kong and have the effect, inter
alia, of providing for the subsistence of copyright in broadcasts made
from the country concerned, but without provisions equivalent to
5.
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