Copyright, Designs and Patents Act 1988
Part I Copyright
Chapter I Subsistence, ownership and duration of copyright
Introductory
1 Copyright and copyright works.
2 Rights subsisting in copyright works.
Descriptions of work and related provisions
3 Literary, dramatic and musical works.
3A Databases
4 Artistic works.
5A Sound recordings.
5B Films.
5 Sound recordings and films.
6 Broadcasts.
6A Safeguards in case of certain satellite broadcasts.
7 Cable programmes.
8 Published editions.
Authorship and ownership of copyright
9 Authorship of work.
10 Works of joint authorship.
11 First ownership of copyright.
Duration of copyright
12 Duration of copyright in literary, dramatic, musical or artistic works.
13A Duration of copyright in sound recordings.
13B Duration of copyright in films.
13 Duration of copyright in sound recordings and films.
14 Duration of copyright in broadcasts and cable programmes.
15 Duration of copyright in typographical arrangement of published editions.
15A Meaning of country of origin.
Chapter II Rights of Copyright Owner
The acts restricted by copyright
16 The acts restricted by copyright in a work.
17 Infringement of copyright by copying.
18 Infringement by issue of copies to the public.
18A Infringement by rental or lending of work to the public.
19 Infringement by performance, showing or playing of work in public.
20 Infringement by broadcasting or inclusion in a cable programme service.
21 Infringement by making adaptation or act done in relation to adaptation.
Secondary infringement of copyright
22 Secondary infringement: importing infringing copy.
23 Secondary infringement: possessing or dealing with infringing copy.
24 Secondary infringement: providing means for making infringing copies.
25 Secondary infringement: permitting use of premises for infringing performance.
26 Secondary infringement: provision of apparatus for infringing performance, &c.
Infringing copies
27 Meaning of “infringing copy".
Chapter III Acts Permitted in relation to Copyright Works
Introductory
28 Introductory provisions.
General
28AMaking of temporary copies
29 Research and private study.
30 Criticism, review and news reporting.
31 Incidental inclusion of copyright material.
Visual impairment
31A Making a single accessible copy for personal use
31B Multiple copies for visually impaired persons
31C Intermediate copies and records
31D Licensing schemes
31E Limitations, etc. following infringement of copyright
31F Definitions and other supplementary provision for sections 31A to 31E
Education
32 Things done for purposes of instruction or examination.
33 Anthologies for educational use.
34 Performing, playing or showing work in course of activities of educational establishment.
35 Recording by educational establishments of broadcasts and cable programmes.
36 Reprographic copying by educational establishments of passages from published works.
36A Lending of copies by educational establishments
Libraries and archives
37 Libraries and archives: introductory.
38 Copying by librarians: articles in periodicals.
39 Copying by librarians: parts of published works.
40 Restriction on production of multiple copies of the same material.
40A Lending of copies by libraries or archives.
41 Copying by librarians: supply of copies to other libraries.
42 Copying by librarians or archivists: replacement copies of works.
43 Copying by librarians or archivists: certain unpublished works.
44 Copy of work required to be made as condition of export.
44ALegal deposit libraries
Public administration
45 Parliamentary and judicial proceedings.
46 Royal Commissions and statutory inquiries.
47 Material open to public inspection or on official register.
48 Material communicated to the Crown in the course of public business.
49 Public records.
50 Acts done under statutory authority.
Computer programs: lawful users
50A Back up copies.
50B Decompilation.
50BAObserving, studying and testing of computer programs
50C Other acts permitted to lawful users.
Databases: permitted acts
50D Acts permitted in relation to databases.
Designs
51 Design documents and models.
52 Effect of exploitation of design derived from artistic work.
53 Things done in reliance on registration of design.
Typefaces
54 Use of typeface in ordinary course of printing.
55 Articles for producing material in particular typeface.
Works in electronic form
56 Transfers of copies of works in electronic form.
Miscellaneous: literary, dramatic, musical and artistic works
57 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
58 Use of notes or recordings of spoken words in certain cases.
59 Public reading or recitation.
60 Abstracts of scientific or technical articles.
61 Recordings of folksongs.
62 Representation of certain artistic works on public display.
63 Advertisement of sale of artistic work.
64 Making of subsequent works by same artist.
65 Reconstruction of buildings.
Miscellaneous: sound recordings, films and computer programs
66 Rental of sound recordings, films and computer programs.
MISCellaneous: films and sound recordings
66A Films: acts permitted on assumptions as to expiry of copyright, &c.
67 Playing of sound recordings for purposes of club, society, &c.
Miscellaneous: broadcasts and cable programmes
68 Incidental recording for purposes of broadcast or cable programme.
69 Recording for purposes of supervision and control of broadcasts and cable programmes.
70 Recording for purposes of time-shifting.
71 Photographs of television broadcasts or cable programmes.
72 Free public showing or playing of broadcast or cable programme.
73 Reception and re-transmission of broadcast in cable programme service.
73A Royalty or other sum payable in pursuance of section 73(4).
74 Provision of sub-titled copies of broadcast or cable programme.
75 Recording for archival purposes.
Adaptations
76 Adaptations.
Chapter IV Moral Rights
Right to be identified as author or director
77 Right to be identified as author or director.
78 Requirement that right be asserted.
79 Exceptions to right.
Right to object to derogatory treatment of work
80 Right to object to derogatory treatment of work.
81 Exceptions to right.
82 Qualification of right in certain cases.
83 Infringement of right by possessing or dealing with infringing article.
False attribution of work
84 False attribution of work.
Right to privacy of certain photographs and films
85 Right to privacy of certain photographs and films.
Supplementary
86 Duration of rights.
87 Consent and waiver of rights.
88 Application of provisions to joint works.
89 Application of provisions to parts of works.
Chapter V Dealings with Rights in Copyright Works
Copyright
90 Assignment and licences.
91 Prospective ownership of copyright.
92 Exclusive licences.
93 Copyright to pass under will with unpublished work.
93A Presumption of transfer of rental right in case of film production agreement.
Right to equitable remuneration where rental right transferred
93B Right to equitable remuneration where rental right transferred.
93C Equitable remuneration: reference of amount to Copyright Tribunal.
Moral rights
94 Moral rights not assignable.
95 Transmission of moral rights on death.
Chapter VI Remedies for Infringement
Rights and remedies of copyright owner
96 Infringement actionable by copyright owner.
97 Provisions as to damages in infringement action.
97AInjunctions against service providers
98 Undertaking to take licence of right in infringement proceedings.
99 Order for delivery up.
100 Right to seize infringing copies and other articles.
Rights and remedies of exclusive licensee
101 Rights and remedies of exclusive licensee.
101ACertain infringements actionable by a non-exclusive licensee
102 Exercise of concurrent rights.
Remedies for infringement of moral rights
103 Remedies for infringement of moral rights.
Presumptions
104 Presumptions relevant to literary, dramatic, musical and artistic works.
105 Presumptions relevant to sound recordings and films.
106 Presumptions relevant to works subject to Crown copyright.
Offences
107 Criminal liability for making or dealing with infringing articles, &c.
107A Enforcement by local weights and measures authority.
108 Order for delivery up in criminal proceedings.
109 Search warrants.
110 Offence by body corporate: liability of officers.
Provision for preventing importation of infringing copies
111 Infringing copies may be treated as prohibited goods.
112 Power of Commissioners of Customs and Excise to make regulations.
Supplementary
113 Period after which remedy of delivery up not available.
114 Order as to disposal of infringing copy or other article.
114A Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland
114B Forfeiture of infringing copies, etc.: Scotland
115 Jurisdiction of county court and sheriff court.
Chapter VII Copyright Licensing
Licensing schemes and licensing bodies
116 Licensing schemes and licensing bodies.
References and applications with respect to licensing schemes
117 Licensing schemes to which ss. 118 to 123 apply.
118 Reference of proposed licensing scheme to tribunal.
119 Reference of licensing scheme to tribunal.
120 Further reference of scheme to tribunal.
121 Application for grant of licence in connection with licensing scheme.
122 Application for review of order as to entitlement to licence.
123 Effect of order of tribunal as to licensing scheme.
References and applications with respect to licensing by licensing bodies
124 Licences to which ss. 125 to 128 apply.
125 Reference to tribunal of proposed licence.
126 Reference to tribunal of expiring licence.
127 Application for review of order as to licence.
128 Effect of order of tribunal as to licence.
128ANotification of licence or licensing scheme for excepted sound recordings
128BReferences to the Tribunal by the Secretary of State under section 128A
Factors to be taken into account in certain classes of case
129 General considerations: unreasonable discrimination.
130 Licences for reprographic copying.
131 Licences for educational establishments in respect of works included in broadcasts or cable programmes.
132 Licences to reflect conditions imposed by promoters of events.
133 Licences to reflect payments in respect of underlying rights.
134 Licences in respect of works included in re-transmissions.
135 Mention of specific matters not to exclude other relevant considerations.
Use as of right of sound recordings in broadcasts and cable programme services
135A Circumstances in which right available.
135B Notice of intention to exercise right.
135C Conditions for exercise of right.
135D Applications to settle payments.
135E References etc. about conditions, information and other terms.
135F Application for review of order.
135G Factors to be taken into account.
135H Power to amend sections 135A to 135G.
Implied indemnity in schemes or licences for reprographic copying
136 Implied indemnity in certain schemes and licences for reprographic copying.
Reprographic copying by educational establishments
137 Power to extend coverage of scheme or licence.
138 Variation or discharge of order extending scheme or licence.
139 Appeals against orders.
140 Inquiry whether new scheme or general licence required.
141 Statutory licence where recommendation not implemented.
Royalty or other sum payable for rental of certain works
142 Royalty or other sum payable for rental of sound recording, film or computer program.
Certification of licensing schemes
143 Certification of licensing schemes.
Powers exercisable in consequence of competition report
144 Powers exercisable in consequence of report of Monopolies and Mergers Commission.
Compulsory collective administration of certain rights
144A Collective exercise of certain rights in relation to cable re-transmission.
Chapter VIII The Copyright Tribunal
The Tribunal
145 The Copyright Tribunal.
146 Membership of the Tribunal.
147 Financial provisions.
148 Constitution for purposes of proceedings.
Jurisdiction and procedure
149 Jurisdiction of the Tribunal.
150 General power to make rules.
151 Costs, proof of orders, &c.
151A Award of interest.
Appeals
152 Appeal to the court on point of law.
Chapter IX Qualification for and Extent of Copyright Protection
Qualification for copyright protection
153 Qualification for copyright protection.
154 Qualification by reference to author.
155 Qualification by reference to country of first publication.
156 Qualification by reference to place of transmission.
Extent and application of this Part
157 Countries to which this Part extends.
158 Countries ceasing to be colonies.
159 Application of this Part to countries to which it does not extend.
160 Denial of copyright protection to citizens of countries not giving adequate protection to British works.
Supplementary
161 Territorial waters and the continental shelf.
162 British ships, aircraft and hovercraft.
Chapter X Miscellaneous and General
Crown and Parliamentary copyright
163 Crown copyright.
164 Copyright in Acts and Measures.
165 Parliamentary copyright.
166 Copyright in Parliamentary Bills.
166A Copyright in Bills of the Scottish Parliament.
166B Copyright in Bills of the Northern Ireland Assembly.
166CCopyright in proposed Measures of the National Assembly for Wales
166DCopyright in Bills of the National Assembly for Wales
167 Houses of Parliament: supplementary provisions with respect to copyright.
Other miscellaneous provisions
168 Copyright vesting in certain international organisations.
169 Folklore, &c.: anonymous unpublished works.
Transitional provisions and savings
170 Transitional provisions and savings.
171 Rights and privileges under other enactments or the common law.
Interpretation
172 General provisions as to construction.
172A Meaning of EEA national and EEA state.
173 Construction of references to copyright owner.
174 Meaning of “educational establishment" and related expressions.
175 Meaning of publication and commercial publication.
176 Requirement of signature: application in relation to body corporate.
177 Adaptation of expressions for Scotland.
178 Minor definitions.
179 Index of defined expressions.
Part II Rights in performances
Introductory
180 Rights conferred on performers and persons having recording rights.
Performers’ rights
181 Qualifying performances.
182 Consent required for recording or live live transmission of performance.
182A Consent required for copying of recording.
182B Consent required for issue of copies to public.
182C Consent required for rental or lending of copies to public.
182CAConsent required for making available to the public
182D Right to equitable remuneration for exploitation of sound recording.
183 Infringement of performer’s rights by use of recording made without consent.
184 Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
Rights of person having recording rights
185 Exclusive recording contracts and persons having recording rights.
186 Consent required for recording of performance subject to exclusive contract.
187 Infringement of recording rights by use of recording made without consent.
188 Infringement of recording rights by importing, possessing or dealing with illicit recording.
Exceptions to rights conferred
189 Acts permitted notwithstanding rights conferred by this Part.
190 Power of tribunal to give consent on behalf of performer in certain cases.
Duration and transmission of rights; consent
191 Duration of rights.
Performers’ property rights
191A Performers’ property rights.
191B Assignment and licences.
191C Prospective ownership of a performer’s property rights.
191D Exclusive licences.
191E Performer’s property right to pass under will with unpublished original recording.
191F Presumption of transfer of rental right in case of film production agreement.
191G Right to equitable remuneration where rental right transferred.
191H Equitable remuneration: reference of amount to Copyright Tribunal.
191I Infringement actionable by rights owner.
191J Provisions as to damages in infringement action.
191JAInjunctions against service providers
191K Undertaking to take licence of right in infringement proceedings.
191L Rights and remedies for exclusive licensee.
191M Exercise of concurrent rights.
192 Transmission of rights.
Non-property rights
192APerformers’ non-property rights.
192B Transmissibility of rights of person having recording rights.
193 Consent.
Remedies for infringement
194 Infringement actionable as breach of statutory duty.
Delivery up or seizure of illicit recordings
195 Order for delivery up.
196 Right to seize illicit recordings.
197 Meaning of “illicit recording".
Offences
198 Criminal liability for making, dealing with or using illicit recordings.
199 Order for delivery up in criminal proceedings.
200 Search warrants.
201 False representation of authority to give consent.
202 Offence by body corporate: liability of officers.
Supplementary provisions with respect to delivery up and seizure
203 Period after which remedy of delivery up not available.
204 Order as to disposal of illicit recording.
204A Forfeiture of illicit recordings: England and Wales or Northern Ireland
204B Forfeiture: Scotland
205 Jurisdiction of county court and sheriff court.
Licensing of performers’ property rights
205A Licensing of performers’ property rights.
Jurisdiction of Copyright Tribunal
205B Jurisdiction of Copyright Tribunal.
Qualification for protection and extent
206 Qualifying countries, individuals and persons.
207 Countries to which this Part extends.
208 Countries enjoying reciprocal protection.
209 Territorial waters and the continental shelf.
210 British ships, aircraft and hovercraft.
Interpretation
211 Expressions having same meaning as in copyright provisions.
212 Index of defined expressions.
Part III Design Right
Chapter I Design right in original designs
Introductory
213 Design right.
214 The designer.
215 Ownership of design right.
216 Duration of design right.
Qualification for design right protection
217 Qualifying individuals and qualifying persons.
218 Qualification by reference to designer.
219 Qualification by reference to commissioner or employer.
220 Qualification by reference to first marketing.
221 Power to make further provision as to qualification.
Dealings with design right
222 Assignment and licences.
223 Prospective ownership of design right.
224 Assignment of right in registered design presumed to carry with it design right.
225 Exclusive licences.
Chapter II Rights of Design Right Owner and Remedies
Infringement of design right
226 Primary infringement of design right.
227 Secondary infringement: importing or dealing with infringing article.
228 Meaning of “infringing article”.
Remedies for infringement
229 Rights and remedies of design right owner.
230 Order for delivery up.
231 Order as to disposal of infringing articles, &c.
232 Jurisdiction of county court and sheriff court.
233 Innocent infringement.
234 Rights and remedies of exclusive licensee.
235 Exercise of concurrent rights.
Chapter III Exceptions to Rights of Design Right Owners
Infringement of copyright
236 Infringement of copyright.
Availability of licences of right
237 Licences available in last five years of design right.
238 Powers exercisable for protection of the public interest.
239 Undertaking to take licence of right in infringement proceedings.
Crown use of designs
240 Crown use of designs.
241 Settlement of terms for Crown use.
242 Rights of third parties in case of Crown use.
243 Crown use: compensation for loss of profit.
244 Special provision for Crown use during emergency.
General
245 Power to provide for further exceptions.
Chapter IV Jurisdiction of the Comptroller and the Court
Jurisdiction of the comptroller
246 Jurisdiction to decide matters relating to design right.
247 Application to settle terms of licence of right.
248 Settlement of terms where design right owner unknown.
249 Appeals as to terms of licence of right.
250 Rules.
Jurisdiction of the court
251 References and appeals on design right matters.
252 Reference of disputes relating to Crown use.
Chapter V Miscellaneous and General
Miscellaneous
253 Remedy for groundless threats of infringement proceedings.
254 Licensee under licence of right not to claim connection with design right owner.
Extent of operation of this Part
255 Countries to which this Part extends.
256 Countries enjoying reciprocal protection.
257 Territorial waters and the continental shelf.
Interpretation
258 Construction of references to design right owner.
259 Joint designs.
260 Application of provisions to articles in kit form.
261 Requirement of signature: application in relation to body corporate.
262 Adaptation of expressions in relation to Scotland.
263 Minor definitions.
264 Index of defined expressions.
Part IV Registered Designs
Amendments of the Registered Designs Act 1949
265 Registrable designs.
266 Provisions with respect to certain designs registered in pursuance of application made before commencement.
267 Authorship and first ownership of designs.
268 Right given by registration of design.
269 Duration of right in registered design.
270 Powers exercisable for protection of the public interest.
271 Crown use: compensation for loss of profit.
272 Minor and consequential amendments.
Supplementary
273 Text of Registered Designs Act 1949 as amended.
Part V Patent Agents and Trade Mark Agents
Patent agents
274 Persons permitted to carry on business of a patent agent.
275 The register of patent agents.
275ARegulation of patent attorneys
276 Persons entitled to describe themselves as patent agents.
277 Persons entitled to describe themselves as European patent attorneys, &c.
278 Use of the term “patent attorney”: supplementary provisions.
279 Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
280 Privilege for communications with patent agents.
281 Power of comptroller to refuse to deal with certain agents.
Trade mark agents
282 The register of trade mark agents.
283 Unregistered persons not to be described as registered trade mark agents.
284 Privilege for communications with registered trade mark agents.
Supplementary
285 Offences committed by partnerships and bodies corporate.
286 Interpretation.
Part VI Patents
Patents county courts
287 Patents county courts: special jurisdiction.
288 Financial limits in relation to proceedings within special jurisdiction of patents county court.
289 Transfer of proceedings between High Court and patents county court.
290 Limitation of costs where pecuniary claim could have been brought in patents county court.
291 Proceedings in patents county court.
292 Rights and duties of registered patent agents in relation to proceedings in patents county court.
Licences of right in respect of certain patents
293 Restriction of acts authorised by certain licences.
294 When application may be made for settlement of terms of licence.
Patents: miscellaneous amendments
295 Patents: miscellaneous amendments.
Part VII Miscellaneous and General
Devices designed to circumvent copy-protection
296 Devices designed to circumvent copy-protection.
296ZACircumvention of technological measures
296ZBDevices and services designed to circumvent technological measures
296ZCDevices and services designed to circumvent technological measures: search warrants and forfeiture
296ZDRights and remedies in respect of devices and services designed to circumvent technological measures
296ZERemedy where effective technological measures prevent permitted acts
296ZFInterpretation of sections 296ZA to 296ZE
Rights management information
296ZGElectronic rights management information
Computer programs
296A Avoidance of certain terms.
Databases
296B Avoidance of certain terms relating to databases
Fraudulent reception of transmissions
297 Offence of fraudulently receiving programmes.
297A Unauthorised decoders.
297B Search warrants
297C Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
297D Forfeiture of unauthorised decoders: Scotland
298 Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
299 Supplementary provisions as to fraudulent reception.
Fraudulent application or use of trade mark
300 Fraudulent application or use of trade mark an offence.
Provisions for the benefit of the Hospital for Sick Children
301 Provisions for the benefit of the Hospital for Sick Children.
Financial assistance for certain international bodies
302 Financial assistance for certain international bodies.
General
303 Consequential amendments and repeals.
304 Extent.
305 Commencement.
306 Short title.
SCHEDULES
SCHEDULE 1 Copyright: transitional provisions and savings
Introductory
1(1) In this Schedule— “the 1911 Act” means the Copyright...
2(1) In relation to the 1956 Act, references in this...
General principles: continuity of the law
3The new copyright provisions apply in relation to things existing...
4(1) The provisions of this paragraph have effect for securing...
Subsistence of copyright
5(1) Copyright subsists in an existing work after commencement only...
6(1) Copyright shall not subsist by virtue of this Act...
7(1) No copyright subsists in a film, as such, made...
8(1) A film sound-track to which section 13(9) of the...
9No copyright subsists in— (a) a broadcast made before 1st...
Authorship of work
10The question who was the author of an existing work...
First ownership of copyright
11(1) The question who was first owner of copyright in...
Duration of copyright in existing works
12(1) The following provisions have effect with respect to the...
Perpetual copyright under the Copyright Act 1775
13(1) The rights conferred on universities and colleges by the...
Acts infringing copyright
14(1) The provisions of Chapters II and III of Part...
15(1) Section 57 (anonymous or pseudonymous works: acts permitted on...
16The following provisions of section 7 of the 1956 Act...
17Where in the case of a dramatic or musical work...
18Where a work made before 1st July 1912 consists of...
Designs
19(1) Section 51 (exclusion of copyright protection in relation to...
20(1) Where section 10 of the 1956 Act (effect of...
Abolition of statutory recording licence
21Section 8 of the 1956 Act (statutory licence to copy...
Moral rights
22(1) No act done before commencement is actionable by virtue...
23(1) The following provisions have effect with respect to the...
24The right conferred by section 85 (right to privacy of...
Assignments and licences
25(1) Any document made or event occurring before commencement which...
26(1) Section 91(1) of this Act (assignment of future copyright:...
27(1) Where the author of a literary, dramatic, musical or...
28(1) This paragraph applies where copyright subsists in a literary,...
29Section 92(2) of this Act (rights of exclusive licensee against...
Bequests
30(1) Section 93 of this Act (copyright to pass under...
Remedies for infringement
31(1) Sections 96 and 97 of this Act (remedies for...
32Sections 101 and 102 of this Act (rights and remedies...
33(1) The provisions of section 107 of this Act (criminal...
Copyright Tribunal: proceedings pending on commencement
34(1) The Lord Chancellor may, after consultation with the Lord...
Qualification for copyright protection
35Every work in which copyright subsisted under the 1956 Act...
Dependent territories
36(1) The 1911 Act shall remain in force as part...
37(1) This paragraph applies to a country which immediately before...
Territorial waters and the continental shelf
38Section 161 of this Act (application of Part I to...
British ships, aircraft and hovercraft
39Section 162 (British ships, aircraft and hovercraft) does not apply...
Crown copyright
40(1) Section 163 of this Act (general provisions as to...
41(1) The following provisions have effect with respect to the...
42(1) Section 164 (copyright in Acts and Measures) applies to...
Parliamentary copyright
43(1) Section 165 of this Act (general provisions as to...
Copyright vesting in certain international organisations
44(1) Any work in which immediately before commencement copyright subsisted...
Meaning of “publication”
45Section 175(3) (construction of building treated as equivalent to publication)...
Meaning of “unauthorised”
46For the purposes of the application of the definition in...
SCHEDULE 2 Rights in performances: permitted acts
Introductory
1(1) The provisions of this Schedule specify acts which may...
Making of temporary copies
1AThe rights conferred by Part 2 are not infringed by...
Criticism, reviews and news reporting
2(1) Fair dealing with a performance or recording—
Incidental inclusion of performance or recording
3(1) The rights conferred by Part II are not infringed...
Things done for purposes of instruction or examination
4(1) The rights conferred by Part II are not infringed...
Playing or showing sound recording, film, broadcast or cable programme at educational establishment
5(1) The playing or showing of a sound recording, film,...
Recording of broadcasts and cable programmes by educational establishments
6(1) A recording of a broadcast, or a copy of...
Lending of copies by educational establishments
6A(1) The rights conferred by Part II are not infringed...
Lending of copies by libraries or archives
6B(1) The rights conferred by Part II are not infringed...
Copy of work required to be made as condition of export
7(1) If an article of cultural or historical importance or...
Parliamentary and judicial proceedings
8(1) The rights conferred by Part II are not infringed...
Royal Commissions and statutory inquiries
9(1) The rights conferred by Part II are not infringed...
Public records
10(1) Material which is comprised in public records within the...
Acts done under statutory authority
11(1) Where the doing of a particular act is specifically...
Transfer of copies of works in electronic form
12(1) This paragraph applies where a recording of a performance...
Use of recordings of spoken works in certain cases
13(1) Where a recording of the reading or recitation of...
Recordings of folksongs
14(1) A recording of a performance of a song may...
Lending of certain recordings
14A(1) The Secretary of State may by order provide that...
Playing of sound recordings for purposes of club, society, &c
15(1) It is not an infringement of any right conferred...
Incidental recording for purposes of broadcast or cable programme
16(1) A person who proposes to broadcast a recording of...
Recordings for purposes of supervision and control of broadcasts and cable programmes
17(1) The rights conferred by Part II are not infringed...
Recording for the purposes of time-shifting
17A(1) The making in domestic premises for private and domestic...
Photographs of broadcasts
17B(1) The making in domestic premises for private and domestic...
Free public showing or playing of broadcast or cable programme
18(1) The showing or playing in public of a broadcast...
Reception and re-transmission of broadcast in cable programme service
19(1) This paragraph applies where a broadcast made from a...
19A(1) An application to settle the royalty or other sum...
Provision of sub-titled copies of broadcast or cable programme
20(1) A designated body may, for the purpose of providing...
Recording of broadcast or cable programme for archival purposes
21(1) A recording of a broadcast or cable programme of...
SCHEDULE 2A LICENSING OF PERFORMERS’ PROPERTY RIGHTS
Licensing schemes and licensing bodies
1(1) In Part II a “licensing scheme" means a scheme...
References and applications with respect to licensing schemes
2Paragraphs 3 to 8 (references and applications with respect to...
Reference of proposed licensing scheme to tribunal
3(1) The terms of a licensing scheme proposed to be...
Reference of licensing scheme to tribunal
4(1) If while a licensing scheme is in operation a...
Further reference of scheme to tribunal
5(1) Where the Copyright Tribunal has on a previous reference...
Application for grant of licence in connection with licensing scheme
6(1) A person who claims, in a case covered by...
Application for review of order as to entitlement to licence
7(1) Where the Copyright Tribunal has made an order under...
Effect of order of tribunal as to licensing scheme
8(1) A licensing scheme which has been confirmed or varied...
References and applications with respect to licensing by licensing bodies
9Paragraphs 10 to 13 (references and applications with respect to...
Reference to tribunal of proposed licence
10(1) The terms on which a licensing body proposes to...
Reference to tribunal of expiring licence
11(1) A licensee under a licence which is due to...
Application for review of order as to licence
12(1) Where the Copyright Tribunal has made an order under...
Effect of order of tribunal as to licence
13(1) Where the Copyright Tribunal has made an order under...
General considerations: unreasonable discrimination
14(1) In determining what is reasonable on a reference or...
Application to settle royalty or other sum payable for lending
15(1) An application to settle the royalty or other sum...
Certification of licensing schemes
16(1) A person operating or proposing to operate a licensing...
Powers exercisable in consequence of competition report
17(1) Where the matters specified in a report of the...
SCHEDULE 3 Registered designs: minor and consequential amendments of 1949 Act
Section 3: proceedings for registration
1In section 3 of the Registered Designs Act 1949 (proceedings...
Section 4: registration of same design in respect of other articles, etc.
2In section 4 of the Registered Designs Act 1949 (registration...
Section 5: provisions for secrecy of certain designs
3(1) Section 5 of the Registered Designs Act 1949 is...
Section 6: provisions as to confidential disclosure, etc.
4(1) Section 6 of the Registered Designs Act 1949 (provisions...
Section 9: exemption of innocent infringer from liability for damages
5In section 9 of the Registered Designs Act 1949 (exemption...
Section 11: cancellation of registration
6(1) Section 11 of the Registered Designs Act 1949 (cancellation...
Section 14: registration where application has been made in convention country
7In section 14 of the Registered Designs Act 1949 (registration...
Section 15: extension of time for application under s.14 in certain cases
8In section 15(1) of the Registered Designs Act 1949 (power...
Section 16: protection of designs communicated under international agreements
9In section 16 of the Registered Designs Act 1949 (protection...
Section 19: registration of assignments, &c.
10In section 19 of the Registered Designs Act 1949 (registration...
Section 20: rectification of the register
11In section 20 of the Registered Designs Act 1949 (rectification...
Section 22: inspection of registered designs
12(1) Section 22 of the Registered Designs Act 1949 (inspection...
Section 23: information as to existence of right in registered design
13For section 23 of the Registered Designs Act 1949 (information...
Section 25: certificate of contested validity of registration
14In section 25 of the Registered Designs Act 1949 (certificate...
Section 26: remedy for groundless threats of infringement proceedings
15(1) Section 26 of the Registered Designs Act 1949 (remedy...
Section 27: the court
16For section 27 of the Registered Designs Act 1949 (the...
Section 28: the Appeal Tribunal
17(1) Section 28 of the Registered Designs Act 1949 (the...
Section 29: exercise of discretionary powers of registrar
18In section 29 of the Registered Designs Act 1949 (exercise...
Section 30: costs and security for costs
19For section 30 of the Registered Designs Act 1949 (costs...
Section 31: evidence before registrar
20For section 31 of the Registered Designs Act 1949 (evidence...
Section 32: power of registrar to refuse to deal with certain agents
21Section 32 of the Registered Designs Act 1949 (power of...
Section 33: offences under s.5 (secrecy of certain designs)
22(1) Section 33 of the Registered Designs Act 1949 (offences...
Section 34: falsification of register, &c.
23(1) In section 34 of the Registered Designs Act 1949...
Section 35: fine for falsely representing a design as registered
24(1) Section 35 of the Registered Designs Act 1949 (fine...
Section 35A: offence by body corporate - liability of officers
25(1) In the Registered Designs Act 1949 after section 35...
Section 36: general power to make rules, &c.
26(1) Section 36 of the Registered Designs Act 1949 (general...
Section 37: provisions as to rules and Orders
27(1) Section 37 of the Registered Designs Act 1949 (provisions...
Section 38: proceedings of the Board of Trade
28Section 38 of the Registered Designs Act 1949 (proceedings of...
Section 39: hours of business and excluded days
29In section 39 of the Registered Designs Act 1949 (hours...
Section 40: fees
30In section 40 of the Registered Designs Act 1949 (fees)...
Section 44: interpretation
31(1) In section 44 of the Registered Designs Act 1949...
Section 45: application to Scotland
32In section 45 of the Registered Designs Act 1949 (application...
Section 46: application to Northern Ireland
33(1) Section 46 of the Registered Designs Act 1949 (application...
Section 47: application to Isle of Man
34For section 47 of the Registered Designs Act 1949 (application...
Section 47A: territorial waters and the continental shelf
35In the Registered Designs Act 1949, after section 47 insert—...
Section 48: repeals, savings and transitional provisions
36In section 48 of the Registered Designs Act 1949 (repeals,...
Schedule 1: provisions as to Crown use of registered designs
37(1) The First Schedule to the Registered Designs Act 1949...
Schedule 2: enactments repealed
38Schedule 2 to the Registered Designs Act 1949 (enactments repealed)...
SCHEDULE 4 The Registered Designs Act 1949 as amended Arrangement of Sections
Registrable designs and proceedings for registration
1Designs registrable under Act.
2Proprietorship of designs.
3Proceedings for registration.
4Registration of same design in respect of other articles.
5Provision for secrecy of certain designs.
6Provisions as to confidential disclosure, &c.
Effect of registration, &c.
7Right given by registration.
8Duration of right in registered design.
8ARestoration of lapsed right in design.
8BEffect of order for restoration of right.
9Exemption of innocent infringer from liability for damages.
10Compulsory licence in respect of registered design.
11Cancellation of registration.
11APowers exercisable for protection of the public interest.
11BUndertaking to take licence of right in infringement proceedings.
12Use for services of the Crown.
International arrangements
13Orders in Council as to convention countries.
14Registration of design where application for protection in convention country...
15Extension of time for applications under s.14 in certain cases....
16Protection of designs communicated under international agreements.
Register of designs, &c.
17Register of designs.
18Certificate of registration.
19Registration of assignments, &c.
20Rectification of register.
21Power to correct clerical errors.
22Inspection of registered designs.
23Information as to existence of right in registered design.
24... ... ... ... ... ... ...
Legal proceedings and appeals
25Certificate of contested validity of registration.
26Remedy for groundless threats of infringement proceedings.
27The court.
28The Appeal Tribunal.
Powers and duties of registrar
29Exercise of discretionary powers of registrar.
30Costs and security for costs.
31Evidence before registrar.
32... ... ... ... ... ... ...
33Offences under s.5.
34Falsification of register, &c.
35Fine for falsely representing a design as registered.
35AOffence by body corporate: liability of officers.
Rules, &c.
36General power of Secretary of State to make rules, &c....
37Provisions as to rules and Orders.
38... ... ... ... ... ... ...
Supplemental
39Hours of business and excluded days.
40Fees.
41Service of notices, &c., by post.
42Annual report of registrar.
43Savings.
44Interpretation.
45Application to Scotland.
46Application to Northern Ireland.
47Application to Isle of Man.
47ATerritorial waters and the continental shelf.
48Repeals, savings and transitional provisions.
49Short title and commencement. Schedules: Schedule 1—Provisions as to the...
Registrable designs and proceedings for registration
1 Designs registrable under Act.
2 Proprietorship of designs.
3 Proceedings for registration.
4 Registration of same design in respect of other articles, etc.
5 Provisions for secrecy of certain designs.
6 Provisions as to confidential disclosure, etc.
Effect of registration, &c.
7 Right given by registration.
8 Duration of right in registered design.
8A Restoration of lapsed right in design.
8B Effect of order for restoration of right.
9 Exemption of innocent infringer from liability for damages.
10 Compulsory licence in respect of registered design.
11 Cancellation of registration.
11A Powers exercisable for protection of the public interest.
11B Undertaking to take licence of right in infringement proceedings.
12 Use for services of the Crown.
International Arrangements
13 Orders in Council as to convention countries.
14 Registration of design where application for protection in convention country has been made.
15 Extension of time for applications under s.14 in certain cases.
16 Protection of designs communicated under international agreements.
Register of designs, etc.
17 Register of designs.
18 Certificate of registration.
19 Registration of assignments, etc.
20 Rectification of register.
21 Power to correct clerical errors.
22 Inspection of registered designs.
23 Information as to existence of right in registered design.
Legal proceedings and appeals
25 Certificate of contested validity of registration.
26 Remedy for groundless threats of infringement proceedings.
27 The court.
28 The Appeal Tribunal.
Powers and duties of Registrar
29 Exercise of discretionary powers of registrar.
30 Costs and security for costs.
31 Evidence before registrar.
Offences
33 Offences under s.5.
34 Falsification of register, etc.
35 Fine for falsely representing a design as registered.
35A Offence by body corporate: liability of officers.
Rules, etc.
36 General power of Secretary of State to make rules, etc.
37 Provisions as to rules and Orders.
Supplemental
39 Hours of business and excluded days.
40 Fees.
41 Service of notices, &c., by post.
42 Annual report of registrar.
43 Savings.
44 Interpretation.
45 Application to Scotland.
46 Application to Northern Ireland.
47 Application to Isle of Man.
47A Territorial waters and the continental shelf.
48 Repeals, savings, and transitional provisions.
49 Short title and commencement.
FIRST SCHEDULE
Use of registered designs for services of the Crown
1(1) Notwithstanding anything in this Act, any Government department, and...
Rights of third parties in respect of Crown use
2(1) In relation to any use of a registered design,...
Compensation for loss of profit
2A(1) Where Crown use is made of a registered design,...
Reference of disputes as to Crown use
3(1) Any dispute as to— (a) the exercise by a...
Special provisions as to Crown use during emergency
4(1) During any period of emergency within the meaning of...
SCHEDULE 5 Patents: miscellaneous amendments
Withdrawal of application before publication of specification
1In section 13(2) of the Patents Act 1949 (duty of...
Correction of clerical errors
2(1) In section 15 of the Patents Act 1977 (filing...
Supplementary searches
3(1) Section 17 of the Patents Act 1977 (preliminary examination...
4In section 18 of the Patents Act 1977 (substantive examination...
5In section 130(1) of the Patents Act 1977 (interpretation), in...
Application for restoration of lapsed patent
6(1) Section 28 of the Patents Act 1977 (restoration of...
7After that section insert— Effect of order for restoration of...
8In consequence of the above amendments— (a) in section 60(6)(b)...
Determination of right to patent after grant
9(1) Section 37 of the Patents Act 1977 (determination of...
10In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a)...
Employees’ inventions
11(1) In section 39 of the Patents Act 1977 (right...
Undertaking to take licence in infringement proceedings
12(1) Section 46 of the Patents Act 1977 (licences of...
Power of comptroller on grant of compulsory licence
13In section 49 of the Patents Act 1977 (supplementary provisions...
Powers exercisable in consequence of report of Monopolies and Mergers Commission
14For section 51 of the Patents Act 1977 (licences of...
Compulsory licensing: reliance on statements in competition report
15In section 53(2) of the Patents Act 1977 (compulsory licensing:...
Crown use: compensation for loss of profit
16(1) In the Patents Act 1977, after section 57 insert—...
Right to continue use begun before priority date
17For section 64 of the Patents Act 1977 (right to...
Revocation on grounds of grant to wrong person
18In section 72(1) of the Patents Act 1977 (grounds for...
Revocation where two patents granted for same invention
19In section 73 of the Patents Act 1977 (revocation on...
Applications and amendments not to include additional matter
20For section 76 of the Patents Act 1977 (amendments of...
Effect of European patent (UK)
21(1) Section 77 of the Patents Act 1977 (effect of...
The state of the art: material contained in patent applications
22In section 78 of the Patents Act 1977 (effect of...
Jurisdiction in certain proceedings
23Section 88 of the Patents Act 1977 (jurisdiction in legal...
Effect of filing international application for patent
24(1) Section 89 of the Patents Act 1977 (effect of...
25For section 89 of the Patents Act 1977 (effect of...
Proceedings before the court or the comptroller
26In the Patents Act 1977, after section 99 (general powers...
27For section 102 of the Patents Act 1977 (right of...
Provision of information
28In section 118 of the Patents Act 1977 (information about...
Power to extend time limits
29In section 123 of the Patents Act 1977 (rules), after...
Availability of samples of micro-organisms
30In the Patents Act 1977 after section 125 insert— Disclosure...
SCHEDULE 5APERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
PART 1Copyright exceptions
section 29 (research and private study)
section 31A (making a single accessible copy for personal use)...
section 31B (multiple copies for visually impaired persons)
section 31C (intermediate copies and records)
section 32(1), (2) and (3) (things done for purposes of...
section 35 (recording by educational establishments of broadcasts)
section 36 (reprographic copying by educational establishments of passages from...
section 38 (copying by librarians: articles in periodicals)
section 39 (copying by librarians: parts of published works)
section 41 (copying by librarians: supply of copies to other...
section 42 (copying by librarians or archivists: replacement copies of...
section 43 (copying by librarians or archivists: certain unpublished works)...
section 44 (copy of work required to be made as...
section 45 (Parliamentary and judicial proceedings)
section 46 (Royal Commissions and statutory inquiries)
section 47 (material open to public inspection or on official...
section 48 (material communicated to the Crown in the course...
section 49 (public records)
section 50 (acts done under statutory authority)
section 61 (recordings of folksongs)
section 68 (incidental recording for purposes of broadcast)
section 69 (recording for purposes of supervision and control of...
section 70 (recording for purposes of time-shifting)
section 71 (photographs of broadcasts)
section 74 (provision of sub-titled copies of broadcast)
section 75 (recording for archival purposes)
PART 2Rights in performances exceptions
paragraph 4 of Schedule 2 (things done for purposes of...
PART 3Database right exceptions
regulation 20 of and Schedule 1 to the Copyright and...
SCHEDULE 6 Provisions for the Benefit of the Hospital for Sick Children
Interpretation
1(1) In this Schedule— “the Hospital” means The Hospital for...
Entitlement to royalty
2(1) The trustees are entitled, subject to the following provisions...
Exceptions
3No royalty is payable in respect of—
Saving
4No royalty is payable in respect of anything done in...
Procedure for determining amount payable
5(1) In default of agreement application may be made to...
Sums received to be held on trust
6The sums received by the trustees by virtue of this...
Right only for the benefit of the Hospital
7(1) The right of the trustees under this Schedule may...
SCHEDULE 7 Consequential amendments: general
British Mercantile Marine Uniform Act 1919 (c.62)
1For section 2 of the British Mercantile Marine Uniform Act...
Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)
2In section 1(5) of the Chartered Associations (Protection of Names...
Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)
3(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...
Crown Proceedings Act 1947 (c.44)
4(1) In the Crown Proceedings Act 1947 for section 3...
Patents Act 1949 (c.87)
5In section 47 of the Patents Act 1949 (rights of...
Public Libraries (Scotland) Act 1955 (c.27)
6In section 4 of the Public Libraries (Scotland) Act 1955...
London County Council (General Powers) Act 1958 (c.xxi)
7In section 36 of the London County Council (General Powers)...
Public Libraries and Museums Act 1964 (c.75)
8In section 8 of the Public Libraries and Museums Act...
Marine, &c., Broadcasting (Offences) Act 1967 (c.41)
9In section 5 of the Marine, &c., Broadcasting (Offences) Act...
Medicines Act 1968 (c.67)
10(1) Section 92 of the Medicines Act 1968 (scope of...
Post Office Act 1969 (c.48)
11In Schedule 10 to the Post Office Act 1969 (special...
Merchant Shipping Act 1970 (c.36)
12In section 87 of the Merchant Shipping Act 1970 (merchant...
Taxes Management Act 1970 (c.9)
13In section 16 of the Taxes Management Act 1970 (returns...
Tribunals and Inquiries Act 1971 (c.62)
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Trading Act 1973 (c.41)
15In Schedule 4 to the Fair Trading Act 1973 (excluded...
House of Commons Disqualification Act 1975 (c.24)
16In Part II of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c.25)
17In Part II of Schedule 1 to the Northern Ireland...
Restrictive Trade Practices Act 1976 (c.34)
18(1) The Restrictive Trade Practices Act 1976 is amended as...
Resale Prices Act 1976 (c. 53)
19In section 10(4) of the Resale Prices Act 1976 (patented...
Patents Act 1977 (c. 37)
20In section 57 of the Patents Act 1977 (rights of...
21In section 105 of the Patents Act 1977 (privilege in...
22In section 123(7) of the Patents Act 1977 (publication of...
23In section 130(1) of the Patents Act 1977 (interpretation), in...
Unfair Contract Terms Act 1977 (c. 50)
24In paragraph 1 of Schedule 1 to the Unfair Contract...
Judicature (Northern Ireland) Act 1978 (c. 23)
25In section 94A of the Judicature (Northern Ireland) Act 1978...
Capital Gains Tax Act 1979 (c. 14)
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
British Telecommunications Act 1981 (c. 38)
27In Schedule 5 to the British Telecommunications Act 1981 (special...
Supreme Court Act 1981 (c. 54)
28(1) The Supreme Court Act 1981 is amended as follows....
29, 30. . . . . . . . . ....
Companies Act 1985 (c. 6)
31(1) Part XII of the Companies Act 1985 (registration of...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
32In section 15 of the Law Reform (Miscellaneous Provisions) (Scotland)...
Atomic Energy Authority Act 1986 (c. 3)
33In section 8(2) of the Atomic Energy Authority Act 1986...
Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3))
34In Article 77 of the Education and Libraries (Northern Ireland)...
Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6))
35In Article 403 of the Companies (Northern Ireland) Order 1986...
Income and Corporation Taxes Act 1988 (c. 1)
36(1) The Income and Corporation Taxes Act 1988 is amended...
SCHEDULE 8 Repeals

Copyright, Designs and Patents Act 1988

1988 c. 48

C1An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Modifications etc. (not altering text)