TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 39

In Hong Kong the position would be, if the draft Order in

Council is promulgated and the draft Bill becomes law, that the

operator of a relay service in Hong Kong would need to obtain licences,

where he relays broadcasts originating in Hong Kong, both in respect

of the broadcasts themselves and in respect of the works broadcast,

subject to a possible exception in respect of a gramophone record which

is not a Hong Kong record.

In summary, therefore, a relay operator is concerned with the

copyright in the broadcast itself and in the works broadcast and, whereas

in the United Kingdom no licences to relay are necessary, in Hong Kong

licences to relay in respect of the broadcasts themselves and the works

broadcast will be necessary if the present proposals go through.

It is, perhaps, pertinent to conclude this Memorandum by

pointing out that, the United Kingdom instrument of ratification of the

European Agreement on the Protection of Television Broadcasts (Strasbourg

June 22nd 1960) was made subject to certain reservations, including the

withholding of that part of the protection provided by the Agreement in

respect of television broadcasts which gave broadcasting organisations

the right to authorise or prohibit the relay of such broadcasts.

7.

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