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Richard Adamek
Member - 6 posts
Does this clause from the Copyright, Designs and Patents Act 1988 (c. 48) not make it clear that the hearing / viewing of a work 'performed' via public broadcast receivers in a workplace or 'public' place where 'audience' admission is not charged, is not an infringment of copyright, or am I missing or mis interpreting something vital here ? (I suspect this is not the case in in the event of playing a CD or other form of recording)
"Free public showing or playing of broadcast or cable programme
18.—(1) The showing or playing in public of a broadcast or cable programme to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any right conferred by Part II in relation to a performance or recording included in—
(a) the broadcast or cable programme, or
(b) any sound recording or film which is played or shown in public by reception of the broadcast or cable programme."
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Richard Adamek
Member - 6 posts
Perhaps someone can clarify this, I thought the offence was 'broadcasting' in public places where the 'audience' had paid for admittance - strikes me that this is an example of poorly worded law. Insistence on use of personal hearing equipment such as earphones leads to potential hazards from a safety perspective for a variety of reasons.
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Richard Adamek
Member - 6 posts
There is likely to be an adverse safety impact in workplaces where there is rotating machinery operating, such as engineering workshops where fluorescent tubes and low energy bulbs are not relied of for machine / workpiece lighting, due to the fact that they strobe, which can make rotating items appear to be stationary.
There may be greater savings available in reducing (or using more intelligently) the overkill of roadside and other external dawn to dusk lighting
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Richard Adamek
Member - 6 posts
The HSE appear to be making significant efforts to inject some common sense into risk management as they are increasingly taking the flak for high profile cases where H&S 'rules' are being given as the reason for cancelling events / activities or additional costs, where in reality it should be directed at the courts / insurance companies and the way they appear to encourage the 'no win no fee' culture, feeding on the SFARP elements of our legislation.
Their best efforts to boost sensible / appropriate risk control measures are unlikely to have much impact until the more extreme element of NWNF is addressed.
In my view it is the risk of such a claim rather than of falling foul of the HSE that is the greater commercial risk to most reasonable businesses these days and H&S documents written / procedures implemented to mitigate a potential claim often leads to far more complex wordage or processes - more likely to confuse or switch off those most needing the guidance and instruction these should provide.
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Richard Adamek
Member - 6 posts
Regarding British Standards Access, it should be possible to view these on line at a subscribing library, in Norfolk, all libraries now have internet access and a terminal can be booked and logged in by the staff so that you can see the entirety of a standard rather than just the precis which is enabled for non subscribers on line, priceless, as this lets you see if the content is releavent enough to purchase the standard rather than playing the lottery !
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