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In force2020 Revised Edition
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Part 5 · Permitted Uses of Copyright Works and Protected Performances

252. Making films of artistic works for television broadcasting or cable programmes

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(1)

If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.

(2)

The conditions are —

(a)

the film is made for the sole purpose of including the work in a television broadcast or cable programme;

(b)

X would not infringe the copyright in the work by including it in a television broadcast or cable programme;

(c)

the first copy of the film is used only —

(i)

for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or

(ii)

to make further copies for that purpose;

(d)

if X is not the maker of the television broadcast or cable programme —

(i)

X pays to the copyright owner an amount agreed between them for the making of the film; or

(ii)

X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and

(e)

within the prescribed time, every copy of the film made under this section is —

(i)

delivered to the National Archives with the consent of the Director of National Archives; or

(ii)

destroyed.

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

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