Copyright and Related Rights Act, 2000

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Making and protection of broadcasts.

6.—(1) Subject to subsection (3), a reference in this Act to the person making a broadcast, broadcasting a work, or including a work in a broadcast shall be construed as a reference—

(a) to the person transmitting the programme, where he or she has responsibility to any extent for its contents, and

(b) to any person providing the programme who makes the arrangements necessary for its transmission with the person transmitting that programme,

and references to a programme, in the context of broadcasting, shall be construed as references to any item included in the broadcast.

(2) Subject to subsection (3), the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth.

(3) Where the place from which a broadcast by way of satellite transmission is made is located in a country, territory, state or area other than a Member State of the EEA and the law of that country, territory, state or area fails to provide, at least, the following level of protection:

(a) exclusive rights in relation to broadcasting equivalent to those conferred by section 37 ;

(b) a right in relation to live broadcasting equivalent to that conferred on a performer by section 204 ; and

(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the broadcasting of sound recordings,

then, the following provisions shall apply:

(i) where the place from which the programme-carrying signals are transmitted to the satellite (in this Act that place is referred to as the “uplink station”) is located in a Member State of the EEA—

(I) that uplink station shall be treated as the place from which the broadcast is made, and

(II) the person operating the uplink station shall be treated as the person making the broadcast;

or

(ii) where the uplink station is not located in a Member State of the EEA but a person who is established in a Member State of the EEA has commissioned the making of the broadcast—

(I) the place in which that person has his or her principal establishment in a Member State of the EEA shall be treated as the place from which the broadcast is made, and

(II) that person shall be treated as the person making the broadcast.