Copyright, Designs and Patents Act 1988

[F1 19 (1) This paragraph applies where a [F2 wireless] broadcast made from a place in the United Kingdom is, [F3 received and immediately re-transmitted by cable]. U.K.

(2) The rights conferred by [F4 this Chapter] in relation to a performance or recording included in the broadcast are not infringed if and to the extent that the broadcast is made for reception in the area in which [F5 it is re-transmitted by cable]; but where the making of the broadcast was an infringement of those rights, the fact that the broadcast was re-transmitted [F6 by cable] shall be taken into account in assessing the damages for that infringement.

(3) Where—

(a) the [F7 re-transmission by cable] is in pursuance of a relevant requirement, but

(b) to any extent, the area in which the [F8 re-transmission by cable takes place] (“the cable area”) falls outside the area for reception in which the broadcast is made (“the broadcast area”),

the [F9 re-transmission by cable] (to the extent that it is provided for so much of the cable area as falls outside the broadcast area) of any performance or recording included in the broadcast shall, subject to sub-paragraph (4), be treated as licensed by the owner of the rights conferred by [F4 this Chapter] in relation to the performance or recording, subject only to the payment to him by the person making the broadcast of such reasonable royalty or other payment in respect of the [F10 re-transmission by cable of the broadcast] as may be agreed or determined in default of agreement by the Copyright Tribunal.

(4) Sub-paragraph (3) does not apply if, or to the extent that, the [F11 re-transmission of the performance or recording by cable] is (apart from that sub-paragraph) licensed by the owner of the rights conferred by [F4 this Chapter] in relation to the performance or recording.

(5) The Secretary of State may by order—

(a) provide that in specified cases sub-paragraph (2) is to apply in relation to broadcasts of a specified description which are not made as mentioned in that sub-paragraph, or

(b) exclude the application of that sub-paragraph in relation to broadcasts of a specified description made as mentioned in that sub-paragraph.

(6) Where the Secretary of State exercises the power conferred by sub-paragraph (5)(b) in relation to broadcasts of any description, the order may also provide for sub-paragraph (3) to apply, subject to such modifications as may be specified in the order, in relation to broadcasts of that description.

(7) An order under this paragraph may contain such transitional provision as appears to the Secretary of State to be appropriate.

(8) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) Expressions used in this paragraph have the same meaning as in section 73.]

Textual Amendments

F1 Sch. 2 para. 19 substituted (1.10.1996) by 1996 c. 55, s. 138, Sch. 9 para. 5 (with s. 43(6)); S.I. 1996/2120, art. 4(1), Sch. 1

F2 Word in Sch. 2 para. 19(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(b)(i) (with regs. 31-40)

F3 Words in Sch. 2 para. 19(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(b)(ii) (with regs. 31-40)

F4 Words in Sch. 2 para. 19(2)(3)(4) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 9 (with reg. 8)

F5 Words in Sch. 2 para. 19(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S. I. 2003/2498), reg. 22(3)(c)(i) (with regs. 31-40)

F6 Words in Sch. 2 para. 19(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(c)(ii) (with regs. 31-40)

F7 Words in Sch. 2 para. 19(3)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(d)(i) (with regs. 31-40)

F8 Words in Sch. 2 para. 19(3)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(d)(ii) (with regs. 31-40)

F9 Words in Sch. 2 para. 19(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(d)(iii) (with regs. 31-40)

F10 Words in Sch. 2 para. 19(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(d)(iv) (with regs. 31-40)

F11 Words in Sch. 2 para. 19(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 22(3)(e) (with regs. 31-40)