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Reception and retransmission of broadcasts in cable programmes services.
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103.—(1) This section applies where a broadcast made from a place in the State is, by reception and immediate retransmission, without alteration, included in a cable programme service.
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(2) The copyright in a broadcast to which this section applies is not infringed where—
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(a) the inclusion is pursuant to a statutory requirement, or
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(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satellite transmission or an encrypted transmission.
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(3) Without prejudice to the generality of subsection (4), the copyright in a work included in the broadcast is not infringed where—
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(a) the inclusion is pursuant to a statutory requirement, or
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(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satellite transmission or an encrypted transmission.
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(4) Where the making of a broadcast is an infringement of the copyright in a work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.
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