Section 75
Section 75
(1)
The playing or showing in public of a broadcast or cable programme to an audience that has not paid for admission to the place where the broadcast or programme is to be heard or seen does not infringe any copyright in –
(a)
the broadcast or cable programme; or
(b)
any sound recording or film included in it
(2)
The audience shall be treated as having paid for admission to a place –
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
56
BLUV as at 24th December 2013
(a)
if they have paid for admission to a place of which that place forms part;
or
(b)
if goods or services are supplied at that place, or a place of which it forms part –
(i)
at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme; or
(ii)
at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3)
The following shall not be regarded as having paid for admission to a place –
(a)
persons admitted as residents or inmates of that place;
(b)
persons admitted as members of a club, society or other similar organisation where the payment is only for membership thereof and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to its main purposes.
(4)
Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that it was seen or heard in public by the reception of the broadcast or programme shall be taken into account in assessing the damages for that infringement.
Reception and re-transmission of broadcast in cable programme service.