So Good Daytime Hence Department 73 Cdpa...

Section 73 of the Copyright, Designs as well as Patents Act 1988 (CDPA) is repealed with trial from today, 31 July, equally a outcome of the coming into forcefulness of department 34 of the Digital Economy Act 2017 (DEA).

Section 73, normally known equally ‘the cable retransmission defence’, provides that the copyright inwards broadcasts of world service broadcast (PSB) channels is non infringed yesteryear retransmission via cable inwards the expanse where the broadcast is receivable. The department was, according to DCMS, intended to encourage the rollout of cable services as well as ensure the provision of PSB channels across the U.K. yesteryear facilitating their retransmission inwards areas where aerial reception was poor. In effect, it allows cable platforms to retransmit PSB channels inwards the U.K. without paying fees.

H5N1 seat out of factors led to the demise of department 73. First, the Government considered that the objective of ensuring the availability of PSB channels throughout the U.K. had already been achieved, given the proliferation of platforms as well as the increase inwards cable networks’ capacity.


Second, concerns were raised well-nigh the ‘internet loophole’ opened yesteryear the defence. Relying on department 73, internet-based alive streaming services argued that they were able to retransmit the content of PSB channels online without seeking permission or paying copyright fees. Thus, they could generate advertising revenues without transferring whatsoever practise goodness dorsum to Blue Planet service broadcasters (PSBs), effectively exploiting Blue Planet funding granted to PSBs as well as directing legitimate commercial revenues away from the PSBs. There was cross-party understanding during the passage of the Digital Economy Bill that department 73 was never intended to travel used inwards this agency as well as the loophole it had created was liable to ‘fuel a fell bicycle of under-funding’.


Although non conduct linked to its repeal, department 73 has likewise been declared incompatible alongside European Union law, inwards the second ITV v TV CatchUp case, discussed yesteryear the IPKat here.


The repeal is expected to practise what DCMS described as ‘a novel marketplace inwards copyright where 1 did non be before’.  Or, equally the Telegraph seat it to a greater extent than bluntly in conclusion calendar week "ITV readies hefty mouth for Virgin Media".

The repeal of department 73 volition likewise accept the welcomed trial closing the loophole internet-based alive streaming services had exploited. PSBs as well as underlying correct holders may practise goodness from seeking retransmission fees from online service providers. The monetary value of their rights is nonetheless to travel ascertained but volition this travel the concluding chapter for TV CatchUp?