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involved namely that in the broadcast itself and that in the work
broadcast.
It is not a restricted act to relay such a broadcast and,
therefore, no licence is necessary to do so.
It is a restricted act to relay a literary, dramatic musical
However, the Act, in effect,
or artistic work or film but not a record and, therefore, a licence to
do so is, prima facie, necessary.
relieves the relay operator from obtaining such a licence by giving him
a statutory defence if the broadcast is authorised and by preventing
proceedings against him if the broadcast is unauthorised.
Therefore, where a B.B.C. or I.T.A. broadcast is relayed in this
country it is not necessary for the relay operator to obtain any licence,
either in respect of the broadcast itself or in respect of the work
broadcast.
2. Relaying of broadcasts in Hong Kong.
(i)
By virtue of a saving clause in the Act, the present copyright
law in Hong Kong is the Imperial Copyright Act 1911 with local
variations.
(ii)
Under Section 31 of the Act Her Majesty may, by Order in Council,
extend the provisions of the Act, with such exceptions and modifications
as may be specified in the Order, to Hong Kong.
(iii)
When so extended the Act becomes the copyright law of Hong Kong,
subject to any local amendments.
(iv)
Section 31(3) of the Act gives the legislature of Hong Kong
certain limited powers to modify or add to the Act as so extended, in its
operation as part of the law of Hong Kong. Thus, unless they relate to
procedure and remedies such modifications and additions can only be made
in respect of Hong Kong works or subject matters and, in any event,
only if they are necessary to adapt the provisions of the Act to the
circumstances of Hong Kong.
(v)
The powers given by Section 31(3) to the legislature of a country
to amend the Act only arise if and when Section 31(3) has been extended to
that country by the relevant Order in Council. No Order in Council has
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