TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 25

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6.

This arises from the fact that in none of the many territories to which the Copyright Act of 1956 has hitherto been applied has there been a relay company in operation. It has therefore been not inappropriate in previous Orders in Council to provide that section 40(3) and (4) of the Act or their equivalent for local broadcasts (see The Copyright Broadcasting Organisations Order 1961) shall not apply to the territory concerned. The broad effect of sub-section (3) is to provide that a person who relays an authorised broadcast (as defined by section 40(5) ), being a broadcast comprising a literary, dramatic, musical or artistic work or a film, is to be in the like position in any proceedings for infringement of the copyright in the work or film as if he held a licence from the owner of the copyright in the work or film. Section 40(4) of the Act gives equivalent protection in respect of unauthorised broadcasts.

7. The exclusion of these sub-sections or their equivalent from an Order relating to Hong Kong is, however, in quite a different category. In this territory Rediffusion (Hong Kong) holds licences from the Government in relation to the relay both of sound and television programmes. Not to include section 40(3) is, in effect, to derogate from the Government's grant since it is really impracticable for an operator who has to relay a programme at the time it is being broadcast (since he may not make a record without permission) to trace and obtain permission to relay from all the copyright owners who may be involved. Apart from the practical aspect it would seem to be an attempt to repeal by Order in Council provisions enshrined in the Copyright Act after debate in both Houses and therefore wholly wrong.

9.I am writing to ask you whether you would be good enough to study the

enclosed memoranda and to receive oral representations on them, or if you are not the appropriate Minister to ask one of your colleagues to do so. The Company would wish to bring to see you or one of your colleagues the two counsel whom I have mentioned together with one or two representatives of Rediffusion and of Sydney Morse and Co.

Jours sincerely Tangley

?

The Rt. Hon. The Lord Shepherd,

Commonwealth Office,

Downing Street,

London, S.W.1