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IRIS 1997-4:1/15 GB : Implementation of EC Copyright Directives after threat of action by European Commission

As mentioned in IRIS 1996-10: 18, the Copyright and Rights of Performers Regulations 1996 (No 2967) now implements Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, Council Directive No 93/83/EEC of 27 September 1993 on the co-ordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission and Article 4 (i.e. the "new publication right") of the Council Directive 93/98/EEC of 29 October 1993 harmonising the...

IRIS 1997-3:1/31 [GB] ITC responds to EC Court of Justice Ruling on satellite services

The Independent Television Commission (ITC) has decided that, as a result of the ruling of the Court of Justice of the EC (Case C-222/94, see IRIS 1996-10: 5-6), it will not in future license satellite services transmitted from the UK, by or on behalf of EU persons, unless the service provider is 'established' in the UK. When considering the "establishment" of a service provider, the ITC will look at the principal place of business of the licensee or applicant and where editorial decisions about programmes and programme schedules are made The Broadcasting Act 1990 required the ITC to exercise...

IRIS 1997-3:1/25 [GB] Proposed ban on media payments to trial witnesses

The all-party National Heritage Committee, chaired by Labour MP Gerald Kaufman, has recently called for laws to ban media payments to witnesses in criminal trials and to restrict pre-trial publicity. The committee, whose recommendations are made in a report, Press activity affecting court cases, also called for the Contempt of Court Act 1981 (Section 2) to be strengthened (para 36), so that individual newspapers could not escape punishment where pre-trial publicity collectively caused a trial to collapse. The report added that compensation should be ordered and fines imposed by the Press Complaints...

IRIS 1997-3:1/23 [GB] New consolidated television licence fee regulations

On 12 February 1997, the Secretary of State for National Heritage laid new consolidated television licence fee regulations before both Houses of Parliament. Apart from bringing into effect the new level of television licence fees from 1 April 1997 (£91.50 for colour and £30.50 for black and white), the regulations, (i) "extend coverage of a television licence to permit installation and use of television in nay mobile home, static or touring caravan, or other vehivle or vessel used by members of the household, subject to certain provisons, and (b) "fulfil the Government's undertaking to stop sheltered...

IRIS 1997-3:1/18 [GB] Radio advert ruled "political"

The Court of Appeal has upheld the reasonableness of the decision of the Radio Authority that Amnesty International UK is an "unacceptable advertiser" in terms of the advertising code of practice. The Code stipulates that "No advertisment may be broadcast by, or on behalf of, any body whose objects are wholly or mainly of a political nature." Amnesty International had sought to run a national radio advertising campaign, during 1994, deploring the situation in Rwanda. The Court interpreted the phrase "wholly or mainly" to mean at least 75%, and, in this case, the Master of the Rolls said that "...