Page:Copyright Act 2021.pdf/57

58 (3) In subsection (2), “re-transmission”—
 * (a) means any re-transmission (whether over paths provided by a material substance or not); and
 * (b) includes a re-transmission made by making use of any article or thing in which the visual images or sounds constituting the broadcast (or both) have been embodied.

What is a re-transmission of a broadcast

65.—(1) “Re-transmission”, in relation to a broadcast, means a re-transmission of the broadcast without altering its contents.

(2) For the purposes of subsection (1), it does not matter—
 * (a) whether the re-transmission is simultaneous with the original transmission; and
 * (b) whether the technique used to make the re-transmission is the same as that used for the original transmission.

When is a copy of a sound recording or a film used in a broadcast

66.—(1) This section applies where—
 * (a) a copy of a sound recording or a film is used for the purpose of making a broadcast (called in this section the primary broadcast); and
 * (b) a person makes a further broadcast (called in this section the secondary broadcast) by receiving and simultaneously further transmitting—
 * (i) the transmission by which the primary broadcast is made; or
 * (ii) a transmission that is—
 * (A) made otherwise than by broadcasting; and
 * (B) made simultaneously with the transmission by which the primary broadcast is made.

(2) The person making the secondary broadcast is deemed not to have used the copy for the purpose of making that broadcast.