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Page:Copyright Act, 1956 (United Kingdom).djvu/69

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4 & 5 ELIZ. 2
Copyright Act, 1956
Ch. 74
Part VI
cont.
"sound recording” has the meaning assigned, to it by section twelve of this Act;

"sufficient acknowledgment” has the meaning assigned to it by section six of this Act;

"television broadcast” and “sound broadcast” have the meanings assigned to them by section fourteen of this Act;

"wireless telegraphy apparatus” has the same meaning as in the Wireless Telegraphy Act, 1949;

"work of joint authorship” has the meaning assigned to it by section eleven of this Act;

"writing” includes any form of notation, whether by hand or by printing, typewriting or any similar process.

(2) References in this Act to broadcasting are references to broadcasting by wireless telegraphy (within the meaning of the Wireless Telegraphy Act, 1949), whether by way of sound broadcasting or of television.

(3) References in this Act to the transmission of a work or other subject-matter to subscribers to a diffusion service are references to the transmission thereof in the course of a service of distributing broadcast programmes, or other programmes (whether provided by the person operating the service or other persons), over wires, or other paths provided by a material substance, to the premises of subscribers to the service; and for the purposes of this Act, where a work or other subject-matter is so transmitted,

(a) the person operating the service (that is to say, the person who, in the agreements with subscribers to the service, undertakes to provide them with the service, whether he is the person who transmits the programmes or not) shall be taken to be the person causing the work or other subject-matter to be so transmitted, and

(b) no person, other than the person operating the service, shall be taken to be causing it to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programmes:

Provided that, for the purposes of this subsection, and of references to which this subsection applies, no account shall be taken of a service of distributing broadcast or other programmes, where the service is only incidental to a business of keeping or letting premises where persons reside or sleep, and is operated as part of the amenities provided exclusively or mainly for residents or inmates therein.

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