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May 17, 2016
In a second consultation and technical review regarding changes to s 72 CDPA launched in March 2015, the Government proposed simply removing the reference to “film” completely from the s 72 exception.
The Government was keen on this proposal as it was simpler to implement, as fewer changes were needed to the CDPA, and it offered improved clarity for both rights holders and those showing/playing broadcasts. Further, the Government considered that it would create a level playing field for those premises that were authorised subscribers to commercial broadcasting services by clearly establishing that rights holders could take enforcement action for infringement of copyright against the minority of premises that use unauthorised systems to show subscription broadcasts.
Respondents to this second consultation welcomed the proposal to remove “film” from s 72. Accordingly, the Government has also now laid before Parliament the Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 to implement the change. To access the Government response, click here. To access the new Regulations, click here.