Interpretation
172General provisions as to construction
(1)This Part restates and amends the law of copyright, that is, the provisions of the [1956 c. 74.] Copyright Act 1956, as amended.
(2)A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.
(3)Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.
173Construction of references to copyright owner
(1)Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.
(2)Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.
174Meaning of “educational establishment” and related expressions
(1)The expression “educational establishment” in a provision of this Part means—
(a)any school, and
(b)any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State.
(2)The Secretary of State may by order provide that the provisions of this Part relating to educational establishments shall apply, with such modifications and adaptations as may be specified in the order, in relation to teachers who are employed by a local education authority to give instruction elsewhere to pupils who are unable to attend an educational establishment.
(3)In subsection (1)(a) “school”—
(a)in relation to England and Wales, has the same meaning as in the [1944 c. 31.] Education Act 1944;
(b)in relation to Scotland, has the same meaning as in the [1962 c. 47.] Education (Scotland) Act 1962, except that it includes an approved school within the meaning of the [1968 c. 49.] Social Work (Scotland) Act 1968; and
(c)in relation to Northern Ireland, has the same meaning as in the [S.I. 1986/594 (N.I.3).] Education and Libraries (Northern Ireland) Order 1986.
(4)An order under subsection (1)(b) may specify a description of educational establishment by reference to the instruments from time to time in force under any enactment specified in the order.
(5)In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.
(6)References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.
(7)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
175Meaning of publication and commercial publication
(1)In this Part “publication”, in relation to a work—
(a)means the issue of copies to the public, and
(b)includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system;
and related expressions shall be construed accordingly.
(2)In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means—
(a)issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or
(b)making the work available to the public by means of an electronic retrieval system;
and related expressions shall be construed accordingly.
(3)In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.
(4)The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly—
(a)in the case of a literary, dramatic or musical work—
(i)the performance of the work, or
(ii)the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);
(b)in the case of an artistic work—
(i)the exhibition of the work,
(ii)the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship,
(iii)the issue to the public of copies of a film including the work, or
(iv)the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);
(c)in the case of a sound recording or film—
(i)the work being played or shown in public, or
(ii)the broadcasting of the work or its inclusion in a cable programme service.
(5)References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.
(6)No account shall be taken for the purposes of this section of any unauthorised act.
176Requirement of signature: application in relation to body corporate
(1)The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—
section 78(3)(b) (assertion by licensor of right to identification of author in case of public exhibition of copy made in pursuance of the licence),
section 90(3) (assignment of copyright),
section 91(1) (assignment of future copyright),
section 92(1) (grant of exclusive licence).
(2)The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—
section 78(2)(b) (assertion by instrument in writing of right to have author identified),
section 87(2) (waiver of moral rights).
177Adaptation of expressions for Scotland
In the application of this Part to Scotland—
“account of profits” means accounting and payment of profits;
“accounts” means count, reckoning and payment;
“assignment” means assignation;
“costs” means expenses;
“defendant” means defender;
“delivery up” means delivery;
“estoppel” means personal bar;
“injunction” means interdict;
“interlocutory relief” means interim remedy; and
“plaintiff” means pursuer.
178Minor definitions
In this Part—
“article”, in the context of an article in a periodical, includes an item of any description;
“business” includes a trade or profession;
“collective work” means—
(a)a work of joint authorship, or
(b)a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;
“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;
“country” includes any territory;
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;
“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;
“employed”, “employee”, “employer” and “employment” refer to employment under a contract of service or of apprenticeship;
“facsimile copy” includes a copy which is reduced or enlarged in scale;
“international organisation” means an organisation the members of which include one or more states;
“judicial proceedings” includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;
“parliamentary proceedings” includes proceedings of the Northern Ireland Assembly or of the European Parliament;
“rental” means any arrangement under whch a copy of a work is made available—
(a)for payment (in money or money’s worth), or
(b)in the course of a business as part of services or amenities for whch payment is made,
on terms that it will or may be returned;
“reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process;
“reprographic process” means a process—
(a)for making facsimile copies, or
(b)involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;
“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—
(a)in the case of a published work, it is published anonymously;
(b)in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;
“sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication—
(a)given at the time of the act, and
(b)if the author or director is then identified, appearing along with the identification,
that the work has been subjected to treatment to which the author or director has not consented;
“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;
“typeface” includes an ornamental motif used in printing;
“unauthorised”, as regards anything done in relation to a work, means done otherwise than—
(a)by or with the licence of the copyright owner, or
(b)if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or
(c)in pursuance of section 48 (copying, &c. of certain material by the Crown);
“wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose;
“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly.
179Index of defined expressions
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—
| account of profits and accounts (in Scotland) | section 177 |
| acts restricted by copyright | section 16(1) |
| adaptation | section 21(3) |
| archivist (in sections 37 to 43) | section 37(6) |
| article (in a periodical) | sectio 178 |
| artistic work | section 4(1) |
| assignment (in Scotland) | section 177 |
| author | sections 9 and 10(3) |
| broadcast (and related expressions) | section 6 |
| building | section 4(2) |
| business | section 178 |
| cable programme, cable programme service (and related expressions) | section 7 |
| collective work | section 178 |
| commencement (in Schedule 1) | paragraph 1(2) of that Schedule |
| commercial publication | section 175 |
| computer-generated | section 178 |
| copy and copying | section 17 |
| copyright (generally) | section 1 |
| copyright (in Schedule 1) | paragraph 2(2) of that Schedule |
| copyright owner | section 101(2) and 173 |
| Copyright Tribunal | section 145 |
| copyright work | section 1(2) |
| costs (in Scotland) | section 177 |
| country | section 178 |
| the Crown | section 178 |
| Crown copyright | sections 163(2) and 164(3) |
| defendant (in Scotland) | section 177 |
| delivery up (in Scotland) | section 177 |
| dramatic work | section 3(1) |
| educational establishment | sections 174(1) to (4) |
| electronic and electronic form | section 178 |
| employed, employee, employer and employment | section 178 |
| exclusive licence | section 92(1) |
| existing works (in Schedule 1) | paragraph 1(3) of that Schedule |
| facsimile copy | section 178 |
| film | section 5 |
| future copyright | section 91(2) |
| general licence (in sections 140 and 141) | section 140(7) |
| graphic work | section 4(2) |
| infringing copy | section 27 |
| injunction (in Scotland) | section 177 |
| interlocutory relief (in Scotland) | section 177 |
| international organisation | section 178 |
| issue of copies to the public | section 18(2) |
| joint authorship (work of) | sections 10(1) and (2) |
| judicial proceedings | section 178 |
| librarian (in sections 37 and 43) | section 37(6) |
| licence (in sections 125 to 128) | section 124 |
| licence of copyright owner | sections 90(4), 91(3) and 173 |
| licensing body (in Chapter VII) | section 116(2) |
| licensing scheme (generally) | section 116(1) |
| licensing scheme (in sections 118 to 121) | section 117 |
| literary work | section 3(1) |
| made (in relation to a literary, dramatic or musical work) | section 3(2) |
| musical work | section 3(1) |
| the new copyright provisions (in Schedule 1) | paragraph 1(1) of that Schedjule |
| the 1911 Act (in Schedule 1) | paragraph 1(1) of that Schedule |
| the 1956 Act (in Schedule 1) | paragraph 1(1) of that Schedule |
| on behalf of (in relation to an educational establishment) | section 174(5) |
| Parliamentary copyright | sections 165(2) and (7) and 166(6) |
| parliamentary proceedings | section 178 |
| performance | section 19(2) |
| photograph | section 4(2) |
| plaintiff (in Scotland) | section 177 |
| prescribed conditions (in sections 38 to 43) | section 37(1)(b) |
| prescribed library or archive (in sections 38 to 43) | section 37(1)(a) |
| programme (in the context of broadcasting) | section 6(3) |
| prospective owner (of copyright) | section 91(2) |
| publication and related expressions | section 175 |
| published edition (in the context of copyright in the typographical arrangement) | section 8 |
| pupil | section 174(5) |
| rental | section 178 |
| reprographic copies and reprographic copying | section 178 |
| reprographic process | section 178 |
| sculpture | section 4(2) |
| signed | section 176 |
| sound recording | section 5 |
| sufficient acknowledgement | section 178 |
| sufficient disclaimer | section 178 |
| teacher | section 174(5) |
| telecommunications system | section 178 |
| typeface | section 178 |
| unauthorised (as regards things done in relation to a work) | section 178 |
| unknown (in relation to the author of a work) | section 9(5) |
| unknown authorship (work of) | section 9(4) |
| wireless telegraphy | section 178 |
| work (in Schedule 1) | paragraph 2(1) of that Schedule |
| work of more than one author (in Chapter VII) | section 116(4) |
| writing and written | section 178 |