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Changes over time for: Section 72


Timeline of Changes
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Version Superseded: 31/10/2003
Status:
Point in time view as at 01/02/1991. This version of this provision has been superseded.

Status
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Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Section 72.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
72 Free public showing or playing of broadcast or cable programme.U.K.
(1)The showing or playing in public of a broadcast or cable programme to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any copyright in—
(a)the broadcast or cable programme, or
(b)any sound recording or film included in it.
(2)The audience shall be treated as having paid for admission to a place—
(a)if they have paid for admission to a place of which that place forms part; or
(b)if goods or services are supplied at that place (or a place of which it forms part)—
(i)at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme, or
(ii)at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3)The following shall not be regarded as having paid for admission to a place—
(a)persons admitted as residents or inmates of the place;
(b)persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.
(4)Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast or programme shall be taken into account in assessing the damages for that infringement.
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