Page:Copyright Act 1987.pdf/81

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COPYRIGHT
81


(a) in the case of a television broadcast insofar as it consists of visual images—to make a cinematograph film of the broadcast, or a copy of such a film;
(b) in the case of a sound broadcast, or of a television broadcast insofar as it consists of sounds—to make a sound recording of the broadcast, or a copy of such a sound recording;
(c) in the case of a television broadcast—to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience; and
(d) in the case of a television broadcast or a sound broadcast—to re-broadcast it or to include it in a cable programme.

(2) For the purposes of subsection (1)(c), a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either—

(a) have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part; or
(b) have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast:

Provided that for the purposes of paragraph (a) no account shall be taken—

(i) of persons admitted to the place in question as residents or inmates therein; or
(ii) of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.