‘an electronic transmission of visual images, sounds or other information which – (a) is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or (b) is transmitted at a time determined solely by the person making the transmission for presentation to members of the public (CDPA amended by SI 2003/2498)
This definition excludes on-demand services as these would not necessarily satisfy either of the above criteria for simultaneous reception or time of transmission. Some broadcasters currently provide the capability to hear or view some programmes that may have been missed for up to seven days after transmission. The conditions of use make it clear these are intended only for personal non- commercial use. At present these ‘listen again services’ are not considered broadcasts by the ERA and are therefore not licensed under this scheme. This is an area where the law has yet to catch up with developments in technology.
3.2.2 Copyright protection
It should be noted that it is the broadcast signal that is protected. Broadcasts are protected for 50 years from the end of the year in which the programme was first transmitted. There is no new copyright in repeat transmissions in UK law unless significant new material has been added.
The authors of broadcasts are either the person(s) or organisation transmitting the broadcast provided the person(s) or organisation has responsibility for the broadcast’s contents or any person providing the programme who makes with the person transmitting it the necessary arrangements for its transmission.
Where the author is not a national of an EEA state, the place of broadcasting determines the duration of protection of the broadcast. The term of protection of the recorded broadcast is limited to the duration of protection under UK law. Certain infringements are determined by the place of recording.
In the education sector special provisions are made for broadcasts:
A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast, or in any work included in it, [author’s emphasis] provided that it is accompanied by a sufficient acknowledgement of the broadcast and that the educational purposes are non-commercial. (CDPA 1988, Section 35)
Nor is copyright infringed when this recording is communicated to and can only be received by person(s) situated within the premises of the educational establishment. This provision does not apply where there is a certified licensing scheme, such as has been discussed in Section 2.5. Feature films are not included in this licensing scheme.
As with other provisions this copy cannot be ‘dealt’ with i.e. sold or let for hire or exposed for sale or hire or communicated from within the premises of the