Page:Copyright Act 1987.pdf/156

156 under Part IV, 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 broadcast or the cable programme.

(3) A person who, by the reception and immediate retransmission of an authorised television broadcast or sound broadcast causes a literary, dramatic or musical work or an adaptation of such a work, an artistic work or a cinematograph film programme to be included in a programme in a cable programme service shall be treated, in any proceedings for infringement of the copyright, if any, in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film to be transmitted by him in any programme included in a cable programme service.

(4) If, in the circumstances mentioned in subsection (2) or (3), the person causing the cinematograph film to be seen or heard, or the work, adaptation or cinematograph film to be transmitted, as the case may be, infringed the copyright in question, by reason that the broadcast or cable programme was not an authorised broadcast or programme, proceedings shall not be brought against that person under this Act in respect of his infringement of that copyright, but it shall be taken into account in assessing damages in any proceedings against the maker of the broadcast or programme in respect of that copyright, insofar as that copyright was infringed by them in making the broadcast or programme.

(5) For the purposes of this section, a broadcast or cable programme shall be taken, in relation to a work, an adaptation of a work or a cinematograph film, to be an authorised broadcast or programme if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.

Groundless threats of legal proceedings

200.—(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceedings in respect of an infringement of copyright, then, whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats,