Page:Copyright Act, 1956 (United Kingdom).djvu/81

6th Sch.
—cont.Provided that, where a person is charged with an offence under paragraph (a) of this section, It shall be a defence to prove that the cinematography film was made for his private and domestic use only.

Penalties for broadcasting without consent of performers

1B. Subject to the provisions of this Act, any person who, otherwise than by the use of a record or a cinematography film, knowingly broadcasts a performance of any dramatic or musical work, Or any part of such a performance, without the consent in writing of the performers shall be guilty Of an offence under this Act, and shall be liable on summary conviction to a line not exceeding fifty pounds.

Part II

New Sections 3A and 3B

Special defences

3A. Notwithstanding anything in the preceding provisions of this Act, it shall be a defence to any proceedings under this Act to prove—

(a) that the record, cinematography film or broadcast to which the proceedings relate was made only for the purpose of reporting current events, or

(b) that the inclusion of the performance in question in the record, cinematography Him or broadcast to which the proceedings relate was only by way of background or was otherwise only incidental to the principal matters comprised or represented in the record, film or broadcast.

Consent on behalf of performers

3B. Where in any proceedings under this Act it is proved—

(a) that the record, cinematography film or broadcast to which the proceedings relate was made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorised by the performers to give it on their behalf, and

(b) that the person making the record, Elm or broadcast had no reasonable grounds for believing that the person giving the consent was not so authorised,

the provisions of this Act shall apply as if it had been proved that the performers had themselves consented in writing to the making of the record, film or broadcast.

Part III

Minor and Consequential Amendments

Provision amended	Amendment
Section one	At the beginning of the section there shall be inserted the words “Subject to the provisions of this Act”; and at the end of the section, for the words “not made for purposes of trade” there shall be substituted the words “made for his private and domestic use only”.

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