HC Deb 09 July 1984 vol 63 c758

40A.—(1) Where a cable programme is sent and a person, by the reception of that programme, causes a sound recording to be heard in public, he does not thereby infringe the copyright (if any) in that recording under section 12 of this Act.

(2) Where a cable programme is sent and the programme is an authorised programme, any person who, by the reception of the programme, causes a cinematograph film to be seen or heard in public shall be in the like position, in any proceedings for infringement of copyright (if any) in the film under section 13 of this Act, as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the programme.

(3) If, in the circumstances mentioned in the last preceding subsection, a person causing a cinematograph film to be seen or heard infringes the copyright in the film by reason that the cable programme was not an authorised programme—

  1. (a) no proceedings shall be brought against that person under this Act in respect of his infringement of that copyright, but
  2. (b) it shall be taken into account in assessing damages in any proceedings against the person sending the programme, in so far as that copyright was infringed by him in sending the programme.

(4) For the purposes of this section, a cable programme shall be taken, in relation to a cinematograph film, to be an authorised programme if, but only if, it is sent by, or with the licence of, the owner of the copyright in the film.". '—[Mr. Hurd.]

Brought up, and read the First time.

Mr. Hurd

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this it will be convenient to take Government amendments Nos. 51, 60 and 160.

Mr. Hurd

This is simply a reordering of material in the Bill to make it clearer and more comprehensible. Clause 23 already covers a number of separate copyright matters and to make room for some additions which I shall be proposing a little later on we thought that it was sensible to split the clause in two. Everything to do with the inclusion of sound recordings and cinematograph films in cable programmes will now go in this separate new clause, while everything to do with the inclusion of broadcasts in cable services will remain in clause 23. Copyright law is by nature a fairly impenetrable jungle and anything that we can do to help people to find their way through it will be a good thing.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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