- of this Act) constitute an infringement of the copyright in the work; or
- (b) the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast or programme.
(3) Subsection (1) shall not apply in relation to a film where a copy of the film is used for the purpose of the inclusion of the work in a television broadcast or cable programme made by a person who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.
(4) A person who has given an undertaking referred to in subsection (3) shall be liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
Reproduction of work in different dimensions
69. For the purposes of this Act—
- (a) the making of an object of any kind that is in three dimensions does not infringe the copyright in an artistic work that is in two dimensions; and
- (b) the making of an object of any kind that is in two dimensions does not infringe the copyright in an artistic work that is in three dimensions,
if the object would not appear to persons who are not experts in relation to objects of that kind to be a reproduction of the artistic work.
Special exception for artistic works which have been industrially applied
70.—(1) Notwithstanding section 69, the making of any useful article in three dimensions (including a reproduction in two
