COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
unless the difference is occasioned incidentally in the course of running the
program;
(b) a musical work, includes an arrangement or transcription of the work;
(c) an artistic work, includes a transformation of the work in such a manner that the
work’s original or substantial features remain recognisable;
(d) a sound recording, includes a fixation of the recording in or on a medium different
from the medium of fixation of the original recording;
“architectural work” means a building or a model of or for a building;
“artistic work” means ⎯
(a) a graphic work, photograph, sculpture or collage, irrespective of its artistic quality;
or
(b) an architectural work; or
(c) a work of artistic craftsmanship which is not described in paragraph (a) or (b);
“audio-visual work” means a recording or fixation on any medium from which a moving
image, together with any sounds associated with the image, may be produced by any
means, but does not include a computer program or a broadcast;
“author”, in relation to a work, means the individual who first makes or creates the work;
“broadcast” means the communication of a work or performance to the public by means of a
radiocommunication service, including its transmission by satellite, and “broadcaster”
and “broadcasting” shall be construed accordingly;
“building” includes a fixed structure and any part of a building or fixed structure;
“business” includes a trade or profession;
“cable programme service” means a service which consists wholly or mainly in sending
information by means of a telecommunication service, other than a radiocommunication
service, for reception at two or more places, whether simultaneously or at different
times, but does not include—
(a) a service run for the purposes of a business where⎯
(i) no person except the person carrying on the business is concerned in the
control of the apparatus comprised in the system; and
(ii) the information is conveyed by the system solely for purposes internal to
the running of the business and not by way of rendering a service or
providing an amenity for others; and
(iii) the system is not connected to any other telecommunication system;
or
(b) a service run by a single individual, where—
(i) all the apparatus comprised in the system is under his control; and
(ii) the information conveyed by the system is conveyed solely for his domestic
purposes; and
(iii) the system is not connected to any other telecommunication system;
Act 11/2001
-8
Chapter 26:01