Copyright In Broadcasts.
1. Introduction: Copyright in Broadcasts
In the UK, broadcasts are protected under:
Copyright, Designs and Patents Act 1988 (CDPA 1988)
Sections 6 and 8 define broadcasts and the rights in them.
Broadcast Definition (CDPA 1988, s.6):
A “broadcast” means a transmission of visual images, sounds, or both by wireless telegraphy or cable to the public.
Includes radio, television, and internet streaming (online broadcasting).
Copyright in Broadcasts includes:
Copyright in the broadcast itself (s.6(1)):
Protects the organization making the broadcast.
Rights in the underlying works:
Musical works, films, literary works, etc.
Performers’ Rights:
Protection for performers featured in broadcasts (s.191 CDPA 1988).
Duration of Protection (UK):
50 years from the end of the year of the broadcast (s.12 CDPA).
Performers’ rights last 50 years from performance.
Infringement occurs if:
Unauthorized reproduction, rebroadcast, or communication to the public.
2. Key Principles
Originality: The broadcast must be original in selection, arrangement, or content.
Ownership: Typically, the broadcaster owns the copyright.
Reproduction and Communication Rights: Others cannot copy or rebroadcast without authorization.
Secondary Exploitation: Making broadcasts available online counts as communication to the public.
3. Important Case Laws
Case 1: British Broadcasting Corporation v HarperCollins [2010] EWHC 2420 (Ch)
Facts:
HarperCollins published extracts from BBC radio broadcasts in a book without permission.
Held:
Court held that the BBC owned copyright in the broadcasts.
Reproduction of extracts without consent infringed copyright.
Significance:
Confirms that broadcasters have exclusive rights over the content of their broadcasts, even in written compilations derived from the broadcast.
Case 2: British Broadcasting Corporation v Stern [1975] RPC 439
Facts:
Stern copied footage from BBC television programs for commercial purposes.
Held:
Court recognized BBC’s copyright in the broadcast itself, not just the underlying work.
Unauthorized copying was infringement.
Significance:
Established early principle: broadcasts are protected independently from the works within them.
Case 3: National Football League v PrimeTime 2000 [1996]
Facts:
Unauthorized rebroadcast of NFL games by satellite service.
Held:
Court granted injunctions and damages, emphasizing exclusive broadcast rights.
Rebroadcasting without license violates copyright.
Significance:
Key case for sports broadcasts; shows that commercial exploitation is tightly controlled.
Case 4: Phonographic Performance (Ireland) Ltd v Radio Telefis Eireann [1983]
Facts:
Unauthorized use of recorded music in radio broadcasts.
Held:
Court clarified that broadcasters need licenses for underlying musical works and performers’ rights.
Significance:
Distinguishes between copyright in the broadcast and in the underlying works.
Broadcast owners must secure rights to all incorporated content.
Case 5: Turner v BBC [2002]
Facts:
Turner claimed BBC reproduced his work in a documentary broadcast.
Held:
Court held BBC infringed copyright in Turner’s underlying work.
Broadcast copyright alone does not automatically override copyright in individual works.
Significance:
Confirms that broadcasts include multiple layers of copyright: the broadcast and the underlying works.
Case 6: British Broadcasting Corporation v Talksport [2002] EWHC 2410
Facts:
Talksport broadcast live football commentary from BBC radio without permission.
Held:
Court recognized BBC’s communication-to-the-public rights.
Rebroadcasting live commentary constituted infringement.
Significance:
Reinforces that live broadcasts enjoy immediate protection.
Case 7: ITV Broadcasting Ltd v TVCatchup [2013] EWHC 2618
Facts:
TVCatchup streamed UK TV channels over the internet without broadcaster permission.
Held:
Court found infringement of broadcast copyright.
Internet retransmission counted as communication to the public, even outside traditional broadcasting methods.
Significance:
Modern case applying traditional broadcast rights to online streaming platforms.
4. Emerging Issues in Broadcast Copyright
Internet and Streaming:
Online platforms now fall under “broadcasting” in terms of copyright.
User-Generated Content:
Platforms need to manage rights for clips uploaded by users.
Layered Rights:
Broadcasters hold rights in the broadcast itself; creators hold rights in individual works.
Performers’ Rights:
Includes actors, musicians, and other contributors to live broadcasts.
5. Practical Implications
Permission is Critical: Copying, rebroadcasting, or using clips without license is infringement.
Layered Licensing: Need licenses for:
The broadcast
Underlying works
Performers’ rights
Live Event Protection: Live sports or music broadcasts enjoy immediate copyright.
Digital Distribution: Online streaming services must secure explicit rights to avoid infringement.
Duration Awareness: Broadcast copyright lasts 50 years from transmission, not the lifetime of the creator.
6. Summary Table: Key Cases and Principles
| Case | Principle | Significance |
|---|---|---|
| BBC v HarperCollins | Broadcast copyright | Extracts cannot be reproduced without consent |
| BBC v Stern | Independent broadcast protection | Broadcasts protected independently of underlying works |
| NFL v PrimeTime | Exclusive broadcast rights | Unauthorized rebroadcast is infringement |
| PPIL v RTÉ | Underlying works | Licenses required for music or performances in broadcasts |
| Turner v BBC | Underlying copyright | Broadcast copyright does not override creator rights |
| BBC v Talksport | Live broadcast protection | Live commentary protected against unauthorized rebroadcast |
| ITV v TVCatchup | Online streaming | Internet retransmission is “communication to the public” |
✅ Conclusion:
Broadcasts in the UK enjoy independent copyright, protecting both the broadcaster and underlying works.
Courts consistently enforce exclusive rights, including online streaming.
Key takeaways for broadcasters and licensees:
Obtain permissions for both broadcasts and underlying works.
Online and live transmissions are fully protected.
Performers’ rights must be respected.
Unauthorized rebroadcast, reproduction, or communication to the public can lead to injunctions and damages.
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