Copyright
Broadcast
John Lambert
5 May
2005
S.6 (1) of the Copyright Designs and Patents Act 1988 ("CDPA") as amended defines a "broadcast" as an electronic transmission of visual images, sounds or other information which:
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is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or
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is transmitted at a time determined solely by the person making the transmission for presentation to members of the public.
In order to distinguish a broadcast from a website, chat room, instant messaging or even email, the statutory definition specifically an "internet transmission".
Nevertheless, a transmission over the internet can be a "broadcast" for the purpose of the Act in any of the following circumstances. The first is if the transmission takes place at the same time as transmission over the air. The second is if it is a concurrent transmission of a live event. Finally, transmission of recorded moving images or sounds forming part of a programme service offered by the transmitter at times chosen by that person can count as a "broadcast." The new statutory definition covers works that used to fall within "cable programmes". S.7 of the Act as passed now ceases to have effect.
Retransmission
S.6 (5A) of the Act provides that the relaying of a broadcast by
reception and immediate re-transmission is to be regarded as a separate
act of broadcasting from the making of the broadcast which is so
re-transmitted.
Restricted Acts
Copyright owners now enjoy an exclusive right to communicate their work
to the public under s.16 (1) (d) in place of the previous exclusive
rights to broadcast or include their work in a cable programme service.
"Communication to the public" means communication to the public by electronic transmission, including broadcasting or making it available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.
