4A

Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).

Safeguards in case of certain satellite broadcasts.6A

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 an EEA State and the law of that country fails to provide at least the following level of protection—

a

exclusive rights in relation to broadcasting equivalent to those conferred by section 20 (infringement by broadcasting) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;

b

a right in relation to live 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 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 an EEA State—

a

that place 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 an EEA State but a person who is established in an EEA State has commissioned the making of the broadcast—

a

that person shall be treated as the person making the broadcast, and

b

the place in which he has his principal establishment in the European Economic Area shall be treated as the place from which the broadcast is made.