Clause 188

Where the inclusion in a television broadcast, sound broadcast or cable programme of a reading or recitation of an extract of published literary or dramatic work, or from an adaptation of such work, does not constitute an infringement of the copyright in the work, a person who, by the reception of the broadcast or the cable programme, causes the work or adaptation to be performed in public does not, by doing so, infringe the copyright in the work.

A person who, by the reception of a television broadcast, sound broadcast or cable programme, causes a musical work to be heard in public does not, by doing so, infringe the copyright, if any, in the work.

A person who, by the reception of a television broadcast or cable programme, causes a cinematograph film to be seen or heard in public shall be treated, in any proceedings for infringement of the copyright (if any) in the film 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.

A person who, by the reception and immediate retransmission of a 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.

If, in the circumstances mentioned in subsection (3) or (4), 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.

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 programme if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.