SCHEDULES
C1SCHEDULE 2 Rights in performances: permitted acts
F14Reception and re-transmission of F15wireless broadcast by cable
Crossheading substituted (1.10.1996) by 1996 c. 55, s. 138, Sch. 9 para. 5 (with s. 43(6)); S.I. 1996/2120, art. 4(1), Sch. 1
Words in heading preceding Sch. 2 para. 19 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I.2003/2498), reg. 22(3)(a) (with regs. 31-40)
F119
1
2
The rights conferred by F4this Chapter in relation to a performance or recording included in the broadcast are not infringed if and to the extent that the broadcast is made for reception in the area in which F5it is re-transmitted by cable; but where the making of the broadcast was an infringement of those rights, the fact that the broadcast was re-transmitted F6by cable shall be taken into account in assessing the damages for that infringement.
3
Where—
a
the F7re-transmission by cable is in pursuance of a relevant requirement, but
b
to any extent, the area in which the F8re-transmission by cable takes place (“the cable area”) falls outside the area for reception in which the broadcast is made (“the broadcast area”),
the F9re-transmission by cable (to the extent that it is provided for so much of the cable area as falls outside the broadcast area) of any performance or recording included in the broadcast shall, subject to sub-paragraph (4), be treated as licensed by the owner of the rights conferred by F4this Chapter in relation to the performance or recording, subject only to the payment to him by the person making the broadcast of such reasonable royalty or other payment in respect of the F10re-transmission by cable of the broadcast as may be agreed or determined in default of agreement by the Copyright Tribunal.
4
5
The Secretary of State may by order—
a
provide that in specified cases sub-paragraph (2) is to apply in relation to broadcasts of a specified description which are not made as mentioned in that sub-paragraph, or
b
exclude the application of that sub-paragraph in relation to broadcasts of a specified description made as mentioned in that sub-paragraph.
6
Where the Secretary of State exercises the power conferred by sub-paragraph (5)(b) in relation to broadcasts of any description, the order may also provide for sub-paragraph (3) to apply, subject to such modifications as may be specified in the order, in relation to broadcasts of that description.
7
An order under this paragraph may contain such transitional provision as appears to the Secretary of State to be appropriate.
8
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9
Expressions used in this paragraph have the same meaning as in section 73.
F1219A
1
An application to settle the royalty or other sum payable in pursuance of sub-paragraph (3) of paragraph 19 may be made to the Copyright Tribunal by the owner of the rights conferred by F13this Chapter or the person making the broadcast.
2
The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
3
Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
4
An application under sub-paragraph (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that sub-paragraph.
5
An order under sub-paragraph (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.
Sch. 2 continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33 (with regs. 31-40)