TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 35

but not sound recordings, television and sound broadcasts and published

editions.

(xii)

The fact that the Act does not make it å restricted act to

relay a broadcast means that, when a broadcast is relayed, it is not

necessary to have a licence in respect of the broadcast itself.

that is necessary to clear is the underlying copyrights and then only

All

if what is broadcast is a literary, dramatic, musical or artistic work

or a cinematograph film, but not records.

(xiii) However, the Act makes even this unnecessary by reason of the

provisions of Section 40(3), (4) and (5).

Subsection (5) provides that an "authorised broadcast" is one made

with the licence of the owner of the underlying copyright.

Subsection (3) provides that, where a television or sound broadcast

is made by the B.B.C. or the I.T.A. and it is an authorised broadcast,

any person who relays such broadcast, 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. In other words, although the Act makes it an

infringement to relay such works and film, this subsection provides a

complete defence to any proceedings against the operator of the relay

service for infringement of this kind.

Subsection (4) provides that, where the broadcast is not an

authorised broadcast, no proceedings can be brought against the operator

of the relay service for infringement of the underlying copyright, but it

is to be taken into account in assessing damages in proceedings against

the B.B.C. or the I.T.A. as the case may be. In this case the Act goes

even further in protecting the operator of the relay service by providing

that, for infringements of this kind, no proceedings are to be brought.

It is necessary to note that subsection (4) also contains provisions

relating to subsection (2) of Section 40, which are irrelevant to this

Memorandum, save in the consideration of amendments to Section 40 referred

to below.

(xiv)

Summarising the above:-

Where a broadcast is relayed, at least 2 copyrights are

3.