Copyright, Designs and Patents Act 1988

134 Licences in respect of works included in re-transmissions. U.K.

(1) [F1 Subject to subsection (3A)] this section applies to references or applications under this Chapter relating to licences to include in a broadcast or cable programme service—

(a) literary, dramatic, musical or artistic works, or,

(b) sound recordings or films,

where one broadcast or cable programme (“the first transmission") is, by reception and immediate re-transmission, to be further broadcast or included in a cable programme service (“the further transmission").

(2) So far as the further transmission is to the same area as the first transmission, the Copyright Tribunal shall, in considering what charges (if any) should be paid for licences for either transmission, have regard to the extent to which the copyright owner has already received, or is entitled to receive, payment for the other transmission which adequately remunerates him in respect of transmissions to that area.

(3) So far as the further transmission is to an area outside that to which the first transmission was made, the Tribunal shall (except where subsection (4) applies) leave the further transmission out of account in considering what charges (if any) should be paid for licences for the first transmission.

[F2 (3A) This section does not apply in relation to any application under section 73A (royalty or other sum payable in pursuance of section 73(4)).]

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 134(1) inserted (1.10.1996) by 1996 c. 55, s. 138, Sch. 9 para. 2(2) (with s. 43(6)); S.I. 1996/2120, art. 4(1), Sch. 1

F2 S. 134(3A) inserted (1.10.1996) by 1996 c. 55, s. 138, Sch. 9 para. 2(3) (with s. 43(6)); S.I. 1996/2120, art. 4(1), Sch. 1

F3 S. 134(4) repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21