TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 59

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

Moraw, H.M.G

ока

ά

have ratified a subsequent protoed to the Conouation

which promit only limited restriction of the right of broadcastãs to control diffusion as for a members of Convention are concooned.

as new

the

Because

of

the terms

if

the Copyright Act; 1956, (see

paragraph 12 above)

public by wire". We could not have

accepted this provision in the United

Kingdom without legislation and a

reservation was therefore allowed for in

Zit

the Conventions: this we have made. It

is, however, probably true that no

Commonwealth country gives this right.

28. Again, it is universally accepted in

countries which protect broadcasts that

broadcasting organisations should have

protection against the re-broadcasting of

their programmes by competing organisations:

this being so, it is not unreasonable that

they should likewise be given protection

against the dissemination of their programmes

by wire if the disseminating organisation

is itself a competitor.

29. To make the contemporaneous relay

by wire of television programmes an

infringement of copyright will

1

substantially diminish RTV's ability to

exercise the exclusive relay rights it

holds under the terms of its licence.

But the licence specifically provides that

it is subject to any copyright which may

exist in material received by RTV. The

Company understandably feels aggrieved;

there is no doubt that it expected the

provisions of UK Copyright legislation

with regard to television broadcasts to

be applied without modification in Hong Kong.

But circumstances in the Colony are different

and for the reasons given in paragraphs 24-

26 modified copyright arrangements are

considered desirable and necessary.

· 23.

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