July 26, 2016

The guidance sets out the effect of the changes made to s 72 under The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016, which came into force on 15 June 2016.

The guidance is aimed at all organisations (including charities, voluntary and not-for-profit organisations) that show television broadcasts in public.  It will be of particular interest to pubs and other premises that choose to show live sporting events.

Section 72(1) permits premises allowing free public access to show television broadcasts without the permission of certain copyright owners.  Previously, Section 72(1) applied to film, broadcast and certain sound recording copyrights.  Following amendment, film has been removed from the scope of this exception.

Section 72(1B) provides an exception to copyright infringement for the playing or showing of a broadcast, and any films and sound recordings included in it, where the use is necessary for the demonstration or repair of radios, televisions and similar equipment for receiving broadcasts.  This exception has been retained.

The guidance explains that the removal of “film” from s 72 means that those wishing to show broadcasts in public may need to gain the permission of rightsholders to show the film contained within a broadcast, as is currently the case for certain other rights.  Separate licences may still be required from PRS and PPL in relation to music contained in a broadcast, as well as any other underlying rightsholder who chooses to enforce/license their copyright.

Section 72 continues to apply to the broadcast itself, however, (as opposed to the works contained within the broadcast), which means that as long as copyright permissions have been obtained from the relevant copyright owners, no additional permission to show the broadcast is required from the broadcaster.

The Government says in the guidance that it is not aware of there having been any immediate changes to the way broadcast films are licensed as a result of the change to s 72.  Underlying rights have always been licensable under UK copyright law, but many rightsholders have chosen not to do this.  It is possible that this will continue to be the case following amendment of s 72, the guidance says.   However, it is also possible that, over time, rightsholders may change the way they license their works.  Any changes in licensing practices will be for rightsholders to decide.  To access the guidance, click here.