Copyright Act 1994

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4 Meaning of cable programme service, and associated definitions
  • (1) In this Act, unless the context otherwise requires,—

    Cable programme means any item included in a cable programme service

    Cable programme service means a transmission service where the transmission is—

    • (a) For reception at 2 or more places, either simultaneously or at different times, in response to requests by different users; or

    • (b) For presentation to members of the public;—

    but does not include a transmission service that is, or so far as it is, excepted by or under any provision of subsections (2) to (4) of this section

    Transmission service means a service that consists wholly or mainly in sending visual images, sounds, or other information by means of a telecommunications system, otherwise than by wireless communication.

    (2) A cable programme service does not include—

    • (a) A transmission service or part of a transmission service of which it is an essential feature that while visual images, sounds, or other information are being transmitted, by means of a telecommunications system, by the person providing the service, there will or may be transmitted from each place of reception, by means of the same system or, as the case may be, the same part of the system, visual images, sounds, or other information (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving it:

    • (b) A transmission service run for the purposes of a business where—

      • (i) No person except the person carrying on the business is concerned in the control of the equipment used for the purposes of the telecommunications system through which the service operates; and

      • (ii) Visual images, sounds, or other information are transmitted by the system solely for purposes internal to the running of the business and not by way of rendering a service or providing amenities for others; and

      • (iii) The system is not connected to any other telecommunications system:

    • (c) A transmission service run by a single individual where—

      • (i) All the equipment used for the purposes of the telecommunications system through which the service operates is under his or her control; and

      • (ii) The visual images, sounds, or other information transmitted by the system are conveyed solely for his or her private and domestic purposes; and

      • (iii) The system is not connected to any other telecommunications system:

    • (d) A transmission service where—

      • (i) All the equipment used for the purposes of the telecommunications system through which the service operates is situated in, or connects, premises that are in the occupation of a single occupier; and

      • (ii) The system is not connected to any other telecommunications system,—

      except where the service operates as part of the amenities provided for residents or inmates of premises run as a business:

    • (e) A transmission service that is, or to the extent that it is, run for persons providing broadcasting or cable programme services or providing programmes for such services.

    (3) The Governor-General may, from time to time, by Order in Council, amend subsection (2) of this section by—

    • (a) Varying any exclusion and making such transitional provisions in relation to the variation as appear to the Governor-General to be necessary; or

    • (b) Repealing any exclusion and making such transitional provisions in relation to the repeal as appear to the Governor-General to be necessary; or

    • (c) Adding a new exclusion.

    (4) Where any amendment is made to subsection (2) of this section by an Order in Council made under subsection (3) of this section, the amendment shall expire—

    • (a) On the date specified in the Order in Council for the expiry of the Order in Council; or

    • (b) At the end of a period of 5 years commencing with the day on which the amendment comes into force,—

    whichever is the earlier.

    (5) References in this Act to the inclusion of a cable programme in a cable programme service are to the transmission of the programme as part of the service.

    (6) References in this Act to the person including a work in a cable programme, including a work in a cable programme service, or including a cable programme in a cable programme service, are to the person providing the cable programme service.

    Compare: Copyright, Designs and Patents Act 1988 (UK), s 7(1) to (3), (5); 1962 No 33 s 2(4)