Section 138

of Copyright Order, 1999

ORDERIn forceProvision 138 of 235

Section 138

(1)

This section applies to references or applications under this Chapter relating to licences to include in a broadcast or cable programme service –

(a)

literary, dramatic, musical or artistic works; or

(b)

sound recordings or films, where one broadcast or cable programme (“the first transmission”) is, by reception and immediate re-transmission, to be further broadcast or included in a cable programme service

(“the further transmission”).

(2)

So far as the further transmission is to the same area as the first transmission, the Copyright Tribunal shall, in considering what charges (if any) should be paid for licences for either transmission, have regard to the extent to which the copyright owner has already received, or is entitled to receive, payment for the other transmission which adequately remunerates him in respect of transmissions to that area.

(3)

So far as the further transmission is to an area outside that to which the first transmission was made, the Copyright Tribunal shall leave the further transmission out of account in considering what charges (if any) should be paid for licences for the first transmission.

Incorporating amendments until S 92/2013

(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020

101

BLUV as at 24th December 2013

Mention of specific matters not to exclude other relevant considerations.