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(vii)
Television broadcasts
Sound broadcasts
Published editions
It follows, therefore, that when a broadcast is relayed, in
That is,
almost every case at least 2 copyrights will be involved.
the copyright in the broadcast and the copyright in the work broadcast,
for instance a play. The latter is often referred to as the "underlying
copyright".
(viii)
If the subject of the broadcast is a cinematograph film or
gramophone record, for instance, there will be more than one underlying
copyright involved. In the case of a film, the copyright in the film
and the copyright in the play or novel which is the subject of the film.
In the case of a record, the copyright in the record and the copyright in
the music recorded. If a film using recorded music is broadcast, there
could be 3 underlying copyrights, namely that in the film, that in the
record and that in the music recorded.
(ix)
Separate licences in respect of the broadcast and each of the
works the subject of the broadcast will therefore be necessary if relay is
made a restricted act in respect of the broadcast and of such works or
subject matters before a broadcast can be safely relayed.
(x)
Such licences would have to be obtained from the relevant
copyright owner. The initial copyright owner varies from work to work.
Thus, the author is the initial owner of the copyright in a book or play
and the maker is the initial owner of the copyright in a gramophone
record or film. The B.B.C. or the I.T.A. are the owners of the
copyright in broadcasts made by them. Who is the actual owner at any
particular moment of time, however, could depend on a variety of matters,
such as whether the author was employed when he made the work, whether
he had executed an assignment of his copyright and so on.
(xi)
The Act provides that relay is a restricted act in respect of
the following works or subject matters:-
Literary works
Dramatic works
Musical works
Artistic works
Cinematograph films
2.