Collective exercise of certain rights in relation to cable retransmissions.
174.—(1) The owner of the copyright in a literary, dramatic, musical or artistic work, an original database, a sound recording or a film shall have the right to grant or refuse authorisation for cable retransmission of a broadcast or cable programme from another Member State of the EEA in which the work is included.
(2) The right conferred by this section shall be known and in this section referred to as the “cable retransmission right”.
(3) The cable retransmission right may be exercised against a cable programme service provider only through a licensing body.
(4) Where the owner of the copyright in a work has not transferred his or her cable retransmission right to a licensing body, the licensing body which manages rights of the same category shall be deemed to be permitted to manage his or her right.
(5) Where more than one licensing body manages cable retransmission rights, the owner of the copyright in a work may choose which of them is deemed to be permitted to manage his or her right.
(6) The owner of the copyright in a work to whom subsection (4) or (5) applies has the same rights and obligations resulting from any relevant agreement between the cable programme service provider and the licensing body as copyright owners who have transferred their cable retransmission right to that licensing body.
(7) Any rights to which the owner of the copyright in a work may be entitled under subsection (6) shall be exercised within the period of 3 years commencing on the date of the cable retransmission concerned.
(8) This section shall not affect any rights exercisable by the maker of a broadcast, whether in relation to the broadcast or a work included therein.
(9) In this section, “cable retransmission” means the reception and immediate retransmission without alteration by way of a cable programme service of a broadcast or of a cable programme initially transmitted from another Member State of the EEA.