}
(e)
It will extend to Hong Kong the provisions of the Copyright
(Broadcasting Organisations) Order 1961 (S.I. 1961 No. 2460). The
effect of this will be to protect in Hong Kong and the United Kingdom
broadcasts originating in other commonwealth countries and give
similar protection to broadcasts originating in Hong Kong. This Order
also provides for the omission of Section 40(3) and for the amendment of
Section 40(4) above mentioned. The importance of the extension of this
Order, for the purposes of this Memorandum, is that it gives protection
to Hong Kong broadcasts and removes the provisions which would relieve a
relay operator from the necessity of obtaining a licence in respect of
the underlying copyrights where that is prima facie necessary under the
Act.
(ix)
(a)
The relevant provisions of the 1968 draft Bill are as follows:-
It will make it a restricted act to relay a Hong Kong
gramophone record; Clause 3. Thus, a licence to relay a Hong Kong
record in Hong Kong will be necessary, whereas such a licence is not
necessary in this country in respect of a United Kingdom record.
(b)
It will make it a restricted act to relay Hong Kong broadcasts;
Clause 2(1) definitions and Clause 4. Thus, a licence to relay a Hong
Kong broadcast in Hong Kong will be necessary, whereas such a licence is
not necessary in this country in respect of a broadcast by the B.B.C. or
the I.T.A.
(x)
Summarising the above:-
If the draft Order in Council is promulgated and the draft
Bill becomes law in their present form, where a Hong Kong broadcast is
relayed in Hong Kong it will be necessary for the relay operator to
obtain licences, both in respect of the broadcast and in respect of any
works broadcast, the only possible exception being in respect of a
gramophone record which is not a Hong Kong record.
3.
Position as to the relaying of broadcasts in the United Kingdom and Hong Kong contrasted.
The operator of a relay service in the United Kingdom does not
need to obtain any licences where he relays the broadcasts of the B.B.C.
or 1.T.A., either in respect of the broadcasts themselves, or in respect
of the works broadcast.
6.