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On recent reports about the reception in Hong Kong of the broadcast of the FIFA (International Federation of Football Association) World Cup 2010 matches by CCTV (China Central Television) (the "FIFA programmes"), the Office of the Telecommunications Authority (OFTA) advised today (June 7) that reception and re-transmission of these programmes by Satellite Master Antenna Television (SMATV) licensees may attract civil liability for infringing the copyright subsisted in the programmes and contravene the condition of SMATV licences.
"SMATV licensees are permitted to receive and re-transmit unencrypted satellite television programmes because implied copyright licences of these programmes are deemed to be granted to the SMATV licensees under the Copyright Ordinance (Cap 528). Nevertheless, as CCTV has revoked the implied copyright licence under section 82(5) of the Copyright Ordinance in relation to the FIFA programmes, SMATV licensees are no longer permitted to receive and re-transmit these programmes," a spokesman for OFTA said.
"Moreover, under General Condition 7 of the SMATV licence, the licensee should not do any act which is an infringement of any copyright which may exist in any programme or other communications received by the SMATV system," the spokesman added.
"Reception and re-transmission of CCTV's broadcast of FIFA programmes via SMATV systems may thus infringe the copyright subsisted in the FIFA programmes and contravene the condition of the SMATV licence.
"SMATV operators should refrain from receiving and re-transmitting the FIFA programmes of CCTV," the spokesman said.
OFTA has already issued circular letters to remind all SMATV licensees about this issue. OFTA has also advised SMATV licensees to provide proper and sufficient notification in advance to their viewers that they would not be able to watch the FIFA programmes through re-transmission of the CCTV channels by the SMATV systems.
Ends/Monday, June 7, 2010
Issued at HKT 21:47
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