RE: [TV] ABC1 listings available

["Paul Webster" <paul@xxxxxxxxxxxxxxxxxxxxxxxxxx>]

> I'm not a solicitor or even have any legal training but it is my
> understanding that the deregulation of TV listings in September 1989
> meant that anyone can publish  tv listings. The quote below comes from
> this reference
> http://www.offthetelly.co.uk/features/rt3.htm
>
> "In September 1989, Margaret Thatcher's Conservative government,
> displaying a typical obsession with "choice", competition, market forces
> and deregulation, had changed the laws on television and radio listings
> to the effect that they could no longer be exclusive to any one
> publication, or to the broadcasters themselves."
>
> The radio times are publishing the links that Paul mentions as "public
> domain" , no sign in, no subscription.
>
> So what "Ton of bricks" do you imagine would fall? They'd stop
> publishing the listings? That would be self defeating. They take legal
> action to stop the publication? I would suggest they can't because of
> the above.
I think that the time and title are what can be republished - but I expect
that the Radio Times would claim copyright over the descriptive parts.
I did do a bit of research on this a while ago (I make about 100 channels of
TV and radio listings available - but largely of non-UK channels) and I even
downloaded the
Broadcasting Act 1990 (c. 42) to try to find the relevant parts.
Part IX para 176 seemed to be the relevant part.
It says:
"
176.?(1) A person providing a programme service to which this section
applies must make available in accordance with this section information
relating to the programmes to be included in the service to any person
(referred to in this section and Schedule 17 to this Act as "the
publisher" ) wishing to publish in the United Kingdom any such information.

    (2) The duty imposed by subsection (1) is to make available information
as to the titles of the programmes which are to be, or may be, included in
the service on any date, and the time of their inclusion, to any publisher
who has asked the person providing the programme service to make such
information available to him and reasonably requires it.

    (3) Information to be made available to a publisher under this section
is to be made available as soon after it has been prepared as is reasonably
practicable but, in any event?
 (a) not later than when it is made available to any other publisher, and
 (b) in the case of information in respect of all the programmes to be
included in the service in any period of seven days, not later than the
beginning of the preceding period of fourteen days, or such other number of
days as may be prescribed by the Secretary of State by order.
    (4) An order under subsection (3) shall be subject to annulment in
pursuance of a resolution of either House of Parliament.

    (5) The duty imposed by subsection (1) is not satisfied by providing the
information on terms, other than terms as to copyright, prohibiting or
restricting publication in the United Kingdom by the publisher.
"
(there is a bit more in there - but I don't think it is relevant)

In reality ... the broadcasters generally provide the information (with some
enriched content) to Broadcasting Data Services - which is a venture funded
by the broadcasters. They reformat the listings and make them available (at
a cost) to 3rd-parties.
Individuals may also download from there (free) ... but BDS include a big
statement saying:
"Please Note: anyone publishing TV listings in the UK is required by law
under the 1990 Broadcasting Act to pay a royalty to the relevant
broadcasters. BDS collects this royalty for the broadcasters (BBC, ITVA and
Channel 4).

Reproducing these TV listings without paying the appropriate royalty fee is
illegal and leaves you liable to prosecution under the 1990 Broadcasting
Act. "
If you go say that you want to download their free listings and republish
them then they say ...
"Please Note: anyone publishing TV listings in the UK is required by law
under the 1990 Broadcasting Act to pay a royalty to the relevant
broadcasters. BDS collects this royalty for the broadcasters (BBC, ITVA and
Channel 4).

I/We understand that Broadcasting Dataservices Limited is acting as agent
for BBC Worldwide, the ITVA member companies and Channel 4 in the matter of
issuing copyright licences and the collection of copyright licence fees.

I/We agree to pay royalty fees each quarter for the right to reproduce BBC,
ITV and Channel 4 TV programme information and/or BBC radio programme
information. For details of the applicable fees and authority to publish
these listings please contact [snipped]

I/We understand that this payment is completely separate from charges
incurred for services from any listings bureau. "

So - when I started doing my channels about 2 1/2 years ago - I contacted
the broadcasters (through their web site usually) and said what I intended
to do. I sometimes had no reply - but those that did reply always approved.
In general - the broadcaster wants their listings to be seen by as many
people as possible - but those that are trying to make a business by
providing listings services (perhaps as part of a portal or as raw data to
other ventures) are generally not happy to have their content reused
especially if it gets republished.

Paul