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“Organisations or individuals wishing to
engage in non-domestic showings of works
must secure licences to do so - regardless
of whether an admission fee is charged.
Non-compliance with the CDPA 1988 is
considered an infringement of copyright
for both the exhibitor and anyone that
contributes to the infringing conduct.
(CDPA 1988, § 97 and § 107.) Section 72 of
the Act allowed organisations that did not
charge for admission to show television
broadcasts and any film contained in the
broadcast without the permission of the
copyright holder.
What has changed?
“The use of home entertainment DVD/
Blu-ray and downloads/streaming (whether
film or television shows) in ‘public’ has
been licensable under the provisions of
the Copyright, Designs and Patents Act
1988 (CDPA) for some time, however, the
broadcast of film was exempted even
though licences for the broadcast of the
music were required from PRS & PPL.
Following legal action taken by the Football
Association Premier League against bars
using unauthorised satellite decoders,
the scope of Section 72 was questioned,
and inconsistencies with EU legislation
were identified by the courts. Following
a Government consultation, reference to
‘film’ has now been removed from the
Section 72 exception.
What does this mean?
“As a result of the change if films and TV
programmes from our studio partners,
whether broadcast on television, on home
entertainment DVD/Blu-ray or viewed from
the internet are shown in waiting rooms,
hotels, reception areas, pubs, bars and
restaurants and similar premises, an
MPLC licence will now be required.
Definition of the word ‘film’
The word ‘film’ within the Copyright, Designs
& Patents Act is is defined as a ‘recording on
any medium from which a moving image may
by any means be produced’. The amendment
to Section 72 therefore does not only cover
‘film’, but any creative work, including TV
programmes.
MPLC’s licence represents not only Hollywood
and independent film studios but also TV
producers. It is not only limited to film, but
also TV including BBC & ITV, Freeview and
satellite services including SKY.