TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 18

NOTHING TO BE WRITTEN IN THIS MARGIN

interest, to revoke Rediffusion's current

licence and grant a new one. If, however,

you wish to expedite the enactment of this

legislation for reasons not connected with

copyright in broadcast television it would be

possible to proceed to its enactment without

delay with the omission of Clause 4 which

could be enacted later. No legal objection

is seen to this course.

8. The combined impact of the measures you propose on the interests of Rediffusion are

that such that it seems unlikely further exchanges with the company could lead to their agreement; and accordingly it is anticipated that there will be questions in Parliament, attention being concentrated on the difference between the

positions of the Company in Hong Kong and in

the U.K. It is therefore necessary to examine very carefully and establish :

9.

(a) what justification there is for the

measures, particularly the grounds for revoking Rediffusion's licence

in the public interest;

(b)

any grounds the Company might have

for claiming that it has been inequitably treated.

As we understand the position Rediffusion

is in competition with Hong Kong Television

Broadcasts Limited as an originator of programmes. If there is no copyright in broadcast television, Rediffusion is placed in a very favourable position vis-à-vis Television Broadcasts Limited whose programmes it can

relay at will; for obvious technical reasons

Television Broadcasts Limited is in no position to tap Rediffusion's programme without the latter's co-operation and agreement. Rediffusion can relay, without restriction and without contributing to the cost of production,

the whole service of Television Broadcasts

Limited; it can presumably substitute its own advertising material and thereby derive considerable profit. The position is different in the United Kingdom where wired rediffusion

services do not originate programmes but merely relay the services of B.B.C. and I..A.; they do not compete with the broadcasting

/ services