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CONFIDENTIAL
tests from RTV.
11.
RTV's Position in Hong Kong and UK: The broadcasting situation in Hong Kong appears to be unique so far as the Commonwealth is concerned, in that there is one broadcasting organisation there (RTV) which not only relays the programmes of other organisations but also originates its own wired programmes in full and direct commercial competition with other organisations whose television programmes it has (under its licence) the exclusive right to relay. This situation does not obtain in the United Kingdom where RTV cannot orig- inate wired programmes. Neither the BBC nor the ITA has the power under the Copyright Act to control the wired dif- fusion of their programmes; they enjoy the right to control the rebroadcasting of their programmes, but not the contemp- oraneous relaying of them. They did not ask for this latter power at the time that the Act was introduced, probably because in this country Rediffusion does not originate its own wired programmes. In fact, it shares in the equity of Independent Television and is not, in the same sense as in Hong Kong, in competition with it. RTV's wired services in the United Kingdom provide a facility for bringing BBC and ITA programmes into the homes of the public and the two British broadcasting authorities have every reason to welcome this service.
12. RTV's Attitude: RTV have naturally reacted strongly to Hong Kong's proposed departure from the UK arrangements in extending copyright to the relaying of programmes. They have made repeated representations both to the Government of
Hong Kong and, through their parent organisation, at the official and Ministerial levels here, putting forward the following arguments in support of their case:
(1) The need to obtain permission from the originating
broadcasting organisation would put them completely at the mercy of a competitive company (TVB).
(2) Nowhere else in the world, so far as they are aware,
is a broadcasting company given any copyright prot- ection against the relay of their programmes.
CONFIDENTIAL
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