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Copyright, Designs and Patents Act 1988

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Copyright, Designs and Patents Act 1988, Cross Heading: Infringing copies is up to date with all changes known to be in force on or before 30 May 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Infringing copiesU.K.

27 Meaning of “infringing copy”.U.K.

(1)In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.

(2)An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.

(3)F1. . . An article is also an infringing copy if—

(a)it has been or is proposed to be imported into the United Kingdom, and

(b)its making in the United Kingdom would have constituted an infringement of the copyright in the work in question, or a breach of an exclusive licence agreement relating to that work.

F2(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where in any proceedings the question arises whether an article is an infringing copy and it is shown—

(a)that the article is a copy of the work, and

(b)that copyright subsists in the work or has subsisted at any time,

it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.

(5)Nothing in subsection (3) shall be construed as applying to an article which may lawfully be imported into the United Kingdom by virtue of any enforceable [F3EU] right within the meaning of section 2(1) of the M1European Communities Act 1972.

(6)In this Part “infringing copy” includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions —

  • [F4section 29A(3) (copies for text and data analysis for non-commercial research),]

  • [F5section 28B(7) and (9) (personal copies for private use),]

  • [F6section 31A(5) and (6) (disabled persons: copies of works for personal use),]

  • [F7section 31B(11) (making and supply of accessible copies by authorised bodies),]

  • [F4section 35(5) (recording by educational establishments of broadcasts),]

  • [F4section 36(8) (copying and use of extracts of works by educational establishments),]

  • [F4section 42A(5)(b) (copying by librarians: single copies of published works),]

  • [F4section 61(6)(b) (recordings of folksongs),]

  • F8...

  • F9...

  • F9...

  • F9...

  • F9...

  • section 56(2) (further copies, adaptations, &c. of work in electronic form retained on transfer of principal copy),

  • section 63(2) (copies made for purpose of advertising artistic work for sale),

  • section 68(4) (copies made for purpose of broadcast F10 . . . ),

  • [F11section 70(2) (recording for the purposes of time-shifting),

  • section 71(2) (photographs of broadcasts), or]

  • any provision of an order under section 141 (statutory licence for certain reprographic copying by educational establishments).

Textual Amendments

F1Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F2S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F5Words in s. 27(6) inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 4(1) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)

F11S. 27(6): entries substituted (31.10.2003) for word "or" appearing at end of entry for s. 68(4) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(3) (with regs. 31-40)

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