Copyright, Designs and Patents Act 1988, section 6

Broadcasts

Part I Copyright

[F11 (1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—

(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.

(1A) Excepted from the definition of “broadcast” is any internet transmission unless it is—

(a)a transmission taking place simultaneously on the internet and by other means,

(b)a concurrent transmission of a live event, or

(c)a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.F11]

(2)An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

(3)References in this Part to the person making a broadcast, [F12or a transmission which is a broadcastF12] are—

(a)to the person transmitting the programme, if he has responsibility to any extent for its contents, and

(b)to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;

and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.

F13 (4)For the purposes of this Part, the place from which a [F14 dfnwirelessF14] broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).

F15 (4A)Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).

(5)References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.

[F16 (5A)The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.F16]

(6)F17Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast . . . .

Definitions used in section 6 3

electronic

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
telecommunications system

“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

Defined in s.178 · see it in the full Act

Cases considering section 6 9

ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors

[2015] EWCA Civ 204 · 26 March 2015Defines

The court treated the amended definition of broadcast as technology-neutral, covering electronic transmissions for simultaneous or public reception, subject to the internet exclusions. This explained the assimilation of former cable programme services into the broadcast definition. (see paras [19]; [68]-[70]) The court relied on the simultaneous-reception and public-presentation limbs of the definition when explaining the technology-neutral scope of broadcasting. (see paras [19]; [68]) The court noted that internet transmissions are excluded from broadcast status unless they fall within one of the specified statutory categories. (see paras [19]; [69]) The court identified simultaneous internet and non-internet transmission as one category preserved within the definition of broadcast. (see para [19]) The court identified concurrent transmission of a live event as a statutory category relevant to the amended broadcast definition. (see para [19]) The court identified scheduled transmissions of recorded moving images or sounds forming part of a programme service as a statutory category relevant to internet broadcast status. (see paras [19]; [69])

ITV Broadcasting Ltd & Ors v TV Catch Up Ltd

[2010] EWHC 3063 (Ch) · 25 November 2010Limits

Interprets the statutory definition of a broadcast as identifying the protected work, while holding that the communicating transmission need not itself satisfy that definition. The defendant’s non-broadcast transmission was therefore not necessarily fatal to the claim (see paras [2]; [17]-[19]). Uses the definition of “broadcast” to distinguish the protected broadcast from the separate restricted act of communicating its content by electronic transmission (see paras [5]; [18]). Records the statutory exclusions from the definition of broadcast as part of the legislative framework. The judgment does not treat those exclusions as limiting section 20 to transmissions which are themselves broadcasts (see paras [5]; [17]-[19]).

Football Association Premier League Ltd & Ors v QC Leisure & Ors

[2008] EWHC 1411 (Ch) · 24 June 2008Defines

Applies the statutory definition of broadcast and broadcasting to identify the relevant programme and transmission. (see paras [54]; [121]-[127]) Applies the rule that encrypted transmission is capable of lawful reception where decoding equipment has been made available by or with the authority of the relevant person. (see paras [54]; [121]-[127])

What each judgment says about section 6 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F11S. 6(1)(1A) substituted (31.10.2003) for s. 6(1) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(a) (with regs. 31-40)
  2. F12Words in s. 6(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(b) (with regs. 31-40)
  3. F13S. 6(4) substituted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 5
  4. F14Word in s. 6(4) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(c) (with regs. 31-40)
  5. F15S. 6(4A) inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(1)
  6. F16S. 6(5A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(d) (with regs. 31-40)
  7. F17Words in s. 6(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)