Page:Copyright Act 1987.pdf/82

82 Nature of copyright in cable programmes

85.—(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cable programme, is the exclusive right to do all or any of the following acts:
 * (a) insofar as it consists of visual images, to make a cinematograph film of it or a copy of such a film;
 * (b) insofar as it consists of sounds to make a sound recording of it or a copy of such a sound recording;
 * (c) 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;
 * (d) to broadcast it or to include it in a cable programme service.

(2) Subsection (1) shall apply whether the act in question is done by the reception of the programme or by making use of any record, print, negative, tape or other article on which the programme has been recorded.

(3) In relation to copyright in cable programmes, insofar as they consist of visual images, subsection (1) shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than such a sequence of images.

(4) For the purposes of paragraph (c) of subsection (1), a cable programme 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 programme 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 programme 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 programme: