TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 33

•

Memorandum on the Law of Copyright as it applies to the relaying of broadcasts in the United Kingdom and as it is proposed it should apply to the relaying of broad-

casts in Hong Kong.

1.

Relaying of broadcasts in the United Kingdom.

(i)

The present copyright law in force in the United Kingdom is

the Copyright Act 1956 ("the Act").

(ii)

The Act provides that "copyright" is the exclusive right to

do and authorise others to do certain specified acts in relation to the

work concerned.

(iii)

These acts, referred to in the Act as "acts restricted by the

copyright in a work" or "restricted acts" are specified in the

particular section of the Act dealing with the work in question and are

not the same for every work.

(iv)

(v)

The Act also provides that copyright in a work is infringed

by anyone who, without the licence of the copyright owner, does or

authorises someone else to do any of the restricted acts relevant to the

work in question. In other words, if someone wishes to do one of the

acts restricted by the copyright in a particular work he has to find,

and obtain the licence of, the owner of the copyright in that work.

If he does not obtain a licence before doing the restricted

act, but still does that act, he will have committed an infringement of

copyright. A licence.may not be obtained for a variety of reasons, for

instance inability to find the copyright owner, particularly when time is

short, or the copyright owner may be unwilling to grant a licence, or

only on terms the applicant considers unreasonable.

(vi)

The Act gives copyright protection to the following works or

subject matters:-

Literary works (e.g. Novels)

Dramatic works (e.g. Plays)

Musical works

Artistic works (e.g. Drawings and Photographs).

Sound Recordings (e.g. Gramophone Records and Tapes)

Cinematograph films

1.