[F16A Safeguards in case of certain satellite broadcasts.U.K.
(1)This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than [F2the United Kingdom] and the law of that country fails to provide at least the following level of protection—
(a)exclusive rights in relation to [F3wireless] broadcasting equivalent to those conferred by section 20 ([F4infringement by communication to the public]) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b)a right in relation to live [F5wireless] broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and
(c)a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the [F5wireless] broadcasting of sound recordings.
(2)Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in [F2the United Kingdom] —
(a)[F6the United Kingdom] shall be treated as the place from which the broadcast is made, and
(b)the person operating the uplink station shall be treated as the person making the broadcast.
(3)Where the uplink station is not located in [F2the United Kingdom] but a person who is established in [F2the United Kingdom] has commissioned the making of the broadcast—
(a)that person shall be treated as the person making the broadcast, and
(b)[F7the United Kingdom] shall be treated as the place from which the broadcast is made.]
Textual Amendments
F1S. 6A inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(2)
F2Words in s. 6A substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(a) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 6A(1)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(i) (with regs. 31-40)
F4Words in s. 6A(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(ii) (with regs. 31-40)
F5Word in s. 6A(1)(b)(c) inserted (31.10.2003.) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(b) (with regs. 31-40)
F6Words in s. 6A(2)(a) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in s. 6A(3)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(c) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)