programme comprising a literary, dramatic or musical work,
or an adaptation of such a work, or an artistic work, or a
scund recording or cinematograph film, shall be in a like
position, in any proceedings for infringement of the
copyright (if any) in the work, recording or film, as if
he had been the holder of a licence granted by the owner
of that copyright to include the work, adaptation,
recording or film in any programme so included in that
service.
(3A) Subsection (3) above applies only if and to the
extent that the broadcast is made for reception in the
area in which the cable programme service is provided.".
19.
In section 40(4) (broadcasts of sound recordings and
cinematograph films and diffusion of broadcast programmes) for
the words "the programme to be transmitted" there shall be
substituted the words "including the programme in a cable
programme service".