Section 6A Safeguards in case of certain satellite broadcasts.F1

United Kingdom

(1)

This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than F2the United Kingdom and the law of that country fails to provide at least the following level of protection—

(a)

exclusive rights in relation to F3wireless broadcasting equivalent to those conferred by section 20 (F4infringement by communication to the public) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;

(b)

a right in relation to live F5wireless broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and

(c)

a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the wireless broadcasting of sound recordings.

(2)

Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in the United Kingdom —

(a)

F6the United Kingdom shall be treated as the place from which the broadcast is made, and

(b)

the person operating the uplink station shall be treated as the person making the broadcast.

(3)

Where the uplink station is not located in the United Kingdom but a person who is established in the United Kingdom has commissioned the making of the broadcast—

(a)

that person shall be treated as the person making the broadcast, and

(b)

F7the United Kingdom shall be treated as the place from which the broadcast is made.

Annotations

Textual amendments

F1: S. 6A inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(2)
F2: Words in s. 6A substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(a) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in s. 6A(1)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(i) (with regs. 31-40)
F4: Words in s. 6A(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(ii) (with regs. 31-40)
F5: Word in s. 6A(1)(b)(c) inserted (31.10.2003.) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(b) (with regs. 31-40)
F6: Words in s. 6A(2)(a) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in s. 6A(3)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(c) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part I

Modifications

C1: Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)
C2: Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
C3: Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
C4: Pt. 1 extended (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8)
C5: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
C6: Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
C7: Pt. 1 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
C8: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
C9: Pt. 1 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
C10: Pt. 1 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
C11: Pt. 1 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
C12: Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
C13: Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
C14: Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by S.I. 2016/370, arts. 1, 2-40)
C15: Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (15.12.2024) by S.I. 2024/193, arts. 1(2), 3, 4, 5(1) and S.I. 2024/1124, arts. 1(2), 7)
C16: Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (15.12.2024) by S.I. 2024/193, arts. 1(2), 5(2)(3) and S.I. 2024/1124, arts. 1(2), 7)
C17: Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

Notes on Chapter I

Modifications

C1: Pt. 1 Ch. 1 applied in part (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)