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Broadcast meaning

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What does Broadcast mean?
In legal practice, a broadcast is a linear electronic transmission of television, radio or similar content made to the public for simultaneous reception, or at a time chosen solely by the person transmitting it, rather than by individual users. It matters because classifying a transmission as a broadcast triggers specific copyright and neighbouring rights, affecting licensing, retransmission, recording and infringement analysis. In the UK, “broadcast” is a statutory term under the Copyright, Designs and Patents Act 1988 (CDPA). Key features are: electronic transmission; to members of the public; simultaneous reception or a schedule fixed by the broadcaster; and lawful receivability. It covers terrestrial, satellite and cable services. Internet-only webcasts and on‑demand streaming are generally not “broadcasts” under the CDPA; they are usually dealt with under the separate right of communication to the public/making available. Simulcasts of TV/radio services may require fact‑specific analysis depending on delivery. In Ireland, “broadcast” is also a statutory concept under the Copyright and Related Rights Act 2000 (CRRA), with broadly consistent usage: linear transmissions to the public by wireless or satellite (and cable via related provisions) qualify, while user‑selected on‑demand services fall outside and are treated as communication to the public.
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View the related Checklists about Broadcast

CHECKLISTS
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This Checklist highlights the principal points to review when signing off advertising copy. It is designed to assist advertisers and their legal advisers in ensuring print ads adhere to statutory and self-regulatory requirements, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes, and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For broader guidance on advertising controls, see Practice Note: Advertising law and regulation. A third column is available to capture remarks or observations as you progress through the Checklist... Checklist Further information Notes (if any) Introductory considerations Have you reviewed the CAP Code and CAP’s Formal Guidance, along with relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast advertising is governed by legislation as well as the CAP Code. For more detail, see Practice Note: Advertising law and regulation... Have you taken account of relevant consumer legislation? When...

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CHECKLISTS
UK print marketing campaigns: practitioner checklist on targeting, placement, agency contracts, data protection, DMCCA 2024/CAP Code compliance, comparative claims, IP, prize/price promotions and clearance

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CHECKLISTS
UK digital marketing campaigns: legal compliance checklist (DMCCA 2024, CAP Code, UK GDPR, PECR 2003, OSA 2023)

How to use this Checklist Use this Checklist when mapping out a digital marketing campaign. The emphasis is on marketing‑specific requirements, and it does not deal with general matters connected to transactional activity (eg contract formation and distance selling). It spans media selection, territorial targeting, agency contracts and agreements, data protection and safeguarding, advertising compliance, user‑generated content and material, influencer engagement and partnerships, prize and price promotions, and behavioural advertising. It also looks at adherence to the legislative and self‑regulatory regime in the UK, including the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, via their mobiles, tablets and video game consoles, almost everywhere else. Alongside unrivalled potential audience numbers, it gives brands the chance to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are moving...

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View the related News about Broadcast

NEWS
IP weekly update: foreign performers' PPR; Athleta and YouTube Shorts rulings; EPO MyEPO changes; SPC Windsor Framework regulations; Teva Copaxone fine; EU packaging rules; IPO crime survey

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NEWS
UK commercial law update: ASA drops energy labelling rules; EWHC on default interest and advisory fees; Procurement Act changes; HMRC customs; supply chain ransomware and forced labour.

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NEWS
UK and EU commercial law weekly: ASA Vodafone ruling; CAP/BCAP DMCC Act 2024 changes; BNPL regulation; UK-EU partnership; EHRC Code consultation

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View the related Practice Notes about Broadcast

PRACTICE NOTES
UK regulation of mobile satellite services: spectrum, Ofcom/CAA licensing, ITU and UNCOPUOS regimes, and post-Brexit assimilated law

This Practice Note explains and outlines the legal and regulatory framework that applies to mobile satellite services (MSS) in the UK at present. The principal categories of communications satellite service are as follows: the MSS the fixed satellite service the broadcast satellite service Broadly, in general, both within the UK and internationally, the regimes for these services are alike when it comes to securing spectrum access (even though they may operate in distinct spectrum bands) as well as when applying for a launch and operations licence. However, they can materially diverge regarding the need for associated terrestrial licences and in particular certain elements of the International Telecommunication Union (ITU) filing processes and relevant obligations under the ITU Radio Regulations. An MSS network may additionally need spectrum for communications between an Earth station and a satellite, and vice versa (feeder links), required for operation. This Practice Note concentrates specifically on UK law and regulation affecting MSS at UK level. For further detail on...

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PRACTICE NOTES
UK Film and Television Law Glossary: Terms C–D—copyright, collecting societies, broadcasting, distribution

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PRACTICE NOTES
UK copyright exceptions and litigation defences: fair dealing, permitted acts, linking, TDM/AI, and post‑Brexit assimilated law

Defending a claim of copyright infringement In most copyright infringement cases, a defendant will first challenge the claimant’s position on copyright itself, contending either that no copyright exists in the work identified, or that any subsisting copyright is not owned by the claimant (and sometimes both). The next step is often to assert that, even assuming copyright does subsist, there has been no infringement. This may include arguing that the original work and the accused material lack sufficient similarity, or adducing evidence that the disputed work was created independently, i.e. that no copying occurred. Finally, there are specific statutory carve-outs to infringement, predominantly set out in the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are referred to as permitted acts. The range of permitted acts applying to copyright is extensive, with several also relevant to database right. Where other legal claims arise, such as breach of confidence, the permitted acts defence will not cover those causes of action. Permitted acts can be invoked in relation to...

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