to be heard in public, he does not thereby infringe the
copyright (if any) in that recording under section 12 of
this Act.
(2) Where a cable programme is sent and the
pavyazımme le an anthanized programme, any parson, the be
the reception of the programme, causes a cinematograph
film to be seen or heard in public shall be in the like
position, in any proceedings or intringement of copyright
(if any) in the film under section 12 of this Act, as if
he had been the holder of a licence granted by the owner
of that copyright to cause the film to be seen or heard in
public by the reception of the programme.
(3) If, in the circumstances mentioned in the last
preceding subsection, a person causing a cinematograph
film to be seen or heard infringes the copyright in the
film by reason that the cable programme was not an
authorised programm
(a) no proceedings shall be brought against
that person under this Act in respect of
his infringement of that copyright, but
it shall be taken into account in assessing
damages in any proceedings against the
person sending the programme, in so far as
(b)
that copyright was infringed by him in
sending the programme.
(4) For the purposes of this section, a cable
programme shall be taken, in relation to a cinematograph
film, to be an authorised programme if, but only if, it is
sent by, or with the licence of, the owner of the
copyright in the films.".
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