xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IE+W+S+N.I. Copyright

Annotations:

Modifications etc. (not altering text)

C1Pt. I (ss. 1-179) modified by S.I. 1989/988, art. 2(3)

C2Pt. I (ss. 1-179) extended by S.I. 1989/1293, arts. 2(3), 3, 4(4)-(6)

C3Pt. I (ss. 1-179) applied (with modifications) by S.I. 1993/942, arts. 2(3), 5, Sch. 4 (with art. 6)

C4Pt. I (ss. 1-179) applied by S.I. 1993/942, arts. 4, 5, Sch. 4 (with art. 6)

Pt. I (ss. 1-179) applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8(b)(d))

C5Pt. 1 (ss. 1-179) extended in part (with modifications) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (the amendment coming into force in accordance with art. 1 of the amending S.I.)

C7Pt. 1 (ss. 1-179) extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by SI 2006/316, art. 1(3))

C8Pt. 1 (ss. 1-179) extended in part (with modifications) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (the amendment coming into force in accordance with art. 1 of the amending S.I.)

C9Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), {arts. 2- 5}, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))

C10Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by SI 2008/677, art. 1(3))

C11Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7)

C13Pt. 1 applied in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Schs. (with art. 8)

C14Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by The Copyright (Cayman Islands) (Amendment) Order 2016 (S.I. 2016/370), arts. 1, 2-40)

C23Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

Chapter IE+W+S+N.I. Subsistence, ownership and duration of copyright

Annotations:

Modifications etc. (not altering text)

C24Pt. I Ch. 1 (ss. 1-15) applied in part (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)

IntroductoryE+W+S+N.I.

1 Copyright and copyright works.E+W+S+N.I.

(1)Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(a)original literary, dramatic, musical or artistic works,

(b)sound recordings, films [F1or broadcasts], and

(c)the typographical arrangement of published editions.

(2)In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

(3)Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).

Annotations:

Amendments (Textual)

2 Rights subsisting in copyright works.E+W+S+N.I.

(1)The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.

(2)In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright—

(a)section 77 (right to be identified as author or director),

(b)section 80 (right to object to derogatory treatment of work), and

(c)section 85 (right to privacy of certain photographs and films).

Descriptions of work and related provisionsE+W+S+N.I.

3 Literary, dramatic and musical works.E+W+S+N.I.

(1)In this Part—

(a)a table or compilation [F2other than a database], F3. . .

(b)a computer program; F4. . .[F5(c) preparatory design material for a computer program][F6and

F6(d)a database]

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

(3)It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.

Annotations:

Amendments (Textual)

F2Words in s. 3(1)(a) inserted (1.1.1998) by S.I. 1997/3032, reg. 5(a) (with Pt. IV)

F3Word in s. 3(1) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 3

F4Word in s. 3(1)(b) left out (1.1.1998) by virtue of S.I. 1997/3032, reg. 5(b) (with Pt. IV)

F5Word and s. 3(1)(c) inserted (1.1.1993) by S.I. 1992/3233, reg. 3

F6S. 3(1)(d) and word preceding it inserted (1.1.1998) by S.I. 1997/3032, reg. 5(c) (with Pt. IV)

[F73A DatabasesE+W+S+N.I.

(1)In this Part “database” means a collection of independent works, data or other materials which—

(a)are arranged in a systematic or methodical way, and

(b)are individually accessible by electronic or other means.

(2)For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author’s own intellectual creation.]

Annotations:

Amendments (Textual)

F7S. 3A inserted (1.1.1998) by S.I. 1997/3032, reg. 6 (with Pt. IV)

4 Artistic works.E+W+S+N.I.

(1)In this Part “artistic work” means—

(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b)a work of architecture being a building or a model for a building, or

(c)a work of artistic craftsmanship.

(2)In this Part—

(a)any painting, drawing, diagram, map, chart or plan, and

(b)any engraving, etching, lithograph, woodcut or similar work;

[F85A Sound recordings.E+W+S+N.I.

(1)In this Part “sound recording” means—

(a)a recording of sounds, from which the sounds may be reproduced, or

(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.

(2)Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.]

Annotations:

Amendments (Textual)

F8Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)

[F95B Films.E+W+S+N.I.

(1)In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

(2)The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.

(3)Without prejudice to the generality of subsection (2), where that subsection applies—

(a)references in this Part to showing a film include playing the film sound track to accompany the film,

[F10(b)references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,

(c)references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and

(d)references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.]

(4)Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.

(5)Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.]

Annotations:

Amendments (Textual)

F9Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)

F10S. 5B(3)(b)-(d) substituted (1.2.2006) for s. 5B(3)(b) and preceding word by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 2 (with reg. 8)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Broadcasts.E+W+S+N.I.

[F11(1) In this Part a “ broadcast ” means an electronic transmission of visual images, sounds or other information which—

(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.

(1A)Excepted from the definition of “broadcast” is any internet transmission unless it is—

(a)a transmission taking place simultaneously on the internet and by other means,

(b)a concurrent transmission of a live event, or

(c)a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.]

(2)An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

(3)References in this Part to the person making a broadcast, [F12or a transmission which is a broadcast] are—

(a)to the person transmitting the programme, if he has responsibility to any extent for its contents, and

(b)to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;

and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.

F13[(4)For the purposes of this Part, the place from which a [F14wireless] broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).]

F15[(4A)Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).]

(5)References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.

[F16(5A)The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.]

(6)Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast F17. . . .

Annotations:

Amendments (Textual)

F11S. 6(1)(1A) substituted (31.10.2003) for s. 6(1) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(a) (with regs. 31-40)

F13S. 6(4) substituted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 5

F15S. 6(4A) inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(1)

[F186A Safeguards in case of certain satellite broadcasts.E+W+S+N.I.

(1)This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than an EEA State and the law of that country fails to provide at least the following level of protection—

(a)exclusive rights in relation to [F19wireless] broadcasting equivalent to those conferred by section 20 ([F20infringement by communication to the public]) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;

(b)a right in relation to live [F21wireless] broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and

(c)a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the [F21wireless] broadcasting of sound recordings.

(2)Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in an EEA State—

(a)that place shall be treated as the place from which the broadcast is made, and

(b)the person operating the uplink station shall be treated as the person making the broadcast.

(3)Where the uplink station is not located in an EEA State but a person who is established in an EEA State has commissioned the making of the broadcast—

(a)that person shall be treated as the person making the broadcast, and

(b)the place in which he has his principal establishment in the European Economic Area shall be treated as the place from which the broadcast is made.]

Annotations:

Amendments (Textual)

F18S. 6A inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(2)

7 Cable programmes.E+W+S+N.I.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

8 Published editions.E+W+S+N.I.

(1)In this Part “published edition”, in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.

(2)Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.

Authorship and ownership of copyrightE+W+S+N.I.

9 Authorship of work.E+W+S+N.I.

(1)In this Part “author”, in relation to a work, means the person who creates it.

(2)That person shall be taken to be—

F23 [F23( aa )in the case of a sound recording, the producer;

F23( ab )in the case of a film, the producer and the principal director;]

(b)in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;

(c)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the case of the typographical arrangement of a published edition, the publisher.

(3)In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

(4)For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

(5)For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.

Annotations:

Amendments (Textual)

F23S. 9(2)(aa)(ab) substituted for s. 9(2)(a) (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(1), 36

10 Works of joint authorship.E+W+S+N.I.

(1)In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

F25 [( 1A )A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.]

(2)A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast (see section 6(3)).

(3)References in this Part to the author of a work shall, except as otherwise provided, be construed in relation to a work of joint authorship as references to all the authors of the work.

Annotations:

Amendments (Textual)

F25S. 10(1A) inserted (1.12.1996 with effet in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(2), 36

[F2610AWorks of co-authorshipE+W+S+N.I.

(1)In this Part a “work of co-authorship” means a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.

(2)References in this Part to a work or the author of a work shall, except as otherwise provided, be construed in relation to a work of co-authorship as references to each of the separate musical and literary works comprised in the work of co-authorship and to each of the authors of such works.]

Annotations:

Amendments (Textual)

11 First ownership of copyright.E+W+S+N.I.

(1)The author of a work is the first owner of any copyright in it, subject to the following provisions.

(2)Where a literary, dramatic, musical or artistic work [F27, or a film,] is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

(3)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).

Annotations:

Amendments (Textual)

F27Words in s. 11(2) inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(3), 36

Duration of copyrightE+W+S+N.I.

[F2812 Duration of copyright in literary, dramatic, musical or artistic works.E+W+S+N.I.

(1)The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.

(3)If the work is of unknown authorship, copyright expires—

(a)at the end of the period of 70 years from the end of the calendar year in which the work was made, or

(b)if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,

subject as follows.

(4)Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).

(5)For the purposes of subsection (3) making available to the public includes—

(a)in the case of a literary, dramatic or musical work—

(i)performance in public, or

[F29(ii)communication to the public;]

(b)in the case of an artistic work—

(i)exhibition in public,

(ii)a film including the work being shown in public, or

[F30(iii)communication to the public;]

but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

(6) Where the country of origin of the work is not an EEA state and the author of the work is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).

(7)If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.

(8)The provisions of this section are adapted as follows in relation to a work of joint authorship [F31or a work of co-authorship]

(a)the reference in subsection (2) to the death of the author shall be construed—

(i)if the identity of all the authors is known, as a reference to the death of the last of them to die, and

(ii)if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;

(b)the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;

(c) the reference in subsection (6) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.

(9)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to [F32166D]) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).]

Annotations:

Amendments (Textual)

F28S. 12 substituted (1.1.1996) by S.I. 1995/3297, reg. 5(1) (with Pt. III)

F29S. 12(5)(a)(ii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003, (S.I. 2003/2498), reg. 2(1), {Sch. 1 para. 4(1)} (with regs. 31-40)

F30S. 12(5)(b)(iii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003, (S.I. 2003/2498), reg. 2(1), {Sch. 1 para. 4(2)} (with regs. 31-40)

F32Word in s. 12(9) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 23 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

[F3313A Duration of copyright in sound recordings.E+W+S+N.I.

(1)The following provisions have effect with respect to the duration of copyright in a sound recording.

[F34(2)Subject to subsections (4) and (5) [F35and section 191HA(4)], copyright expires—

(a)at the end of the period of 50 years from the end of the calendar year in which the recording is made, or

(b)if during that period the recording is published, [F3670] years from the end of the calendar year in which it is first published, or

(c)if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, [F3770] years from the end of the calendar year in which it is first so made available,

but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorised act.]

(3)F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the author of a sound recording is not a national of an EEA state, the duration of copyright is that to which the sound recording is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under [F39 subsection (2) ] .

(5)If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in [F39subsection (2)].]

[F4013B Duration of copyright in films.E+W+S+N.I.

(1)The following provisions have effect with respect to the duration of copyright in a film.

(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—

(a)the principal director,

(b)the author of the screenplay,

(c)the author of the dialogue, or

(d)the composer of music specially created for and used in the film;

subject as follows.

(3)If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.

(4)If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—

(a)the end of the period of 70 years from the end of the calendar year in which the film was made, or

(b)if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.

(5)Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).

(6)For the purposes of subsection (4) making available to the public includes—

(a)showing in public, or

[F41(b)communicating to the public;]

but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.

(7)Where the country of origin is not an EEA state and the author of the film is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (6).

(8)In relation to a film of which there are joint authors, the reference in subsection (7) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.

(9)If in any case there is no person falling within paragraphs (a) to (d) of subsection (2), the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.

(10)For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as unknown.]

Annotations:

Amendments (Textual)

F40Ss. 13A, 13B substituted for s. 13 (1.1.1996) by S.I. 1995/3297, reg. 6(1) (with Pt. IV)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4314 Duration of copyright in broadcasts F42. . . .E+W+S+N.I.

(1)The following provisions have effect with respect to the duration of copyright in a broadcast F44. . . .

(2)Copyright in a broadcast F44. . . expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made F45. . . , subject as follows.

(3)Where the author of the broadcast F44. . . is not a national of an EEA state, the duration of copyright in the broadcast F44. . . is that to which it is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsection (2).

(4)If or to the extent that the application of subsection (3) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsection (2).

(5)Copyright in a repeat broadcast F44. . . expires at the same time as the copyright in the original broadcast F44. . . ; and accordingly no copyright arises in respect of a repeat broadcast F44. . . which is broadcast F46. . . after the expiry of the copyright in the original broadcast F44. . . .

(6)A repeat broadcast F44. . . means one which is a repeat F47. . . of a broadcast previously made F47. . . .]

Annotations:

Amendments (Textual)

F43S. 14 substituted (1.1.1996) by S.I. 1995/3297, reg. 7(1) (with Pt. IV)

15 Duration of copyright in typographical arrangement of published editions.E+W+S+N.I.

Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.

[F4815A Meaning of country of origin.E+W+S+N.I.

(1)For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.

(2)If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.

(3)If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.

(4)If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then—

(a)if any of those countries is an EEA state, the country of origin is that country; and

(b)if none of those countries is an EEA state, the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.

(5)If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is—

(a)if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;

(b)if the work is—

(i)a work of architecture constructed in a Berne Convention country, or

(ii)an artistic work incorporated in a building or other structure situated in a Berne Convention country,

that country;

(c)in any other case, the country of which the author of the work is a national.

(6)In this section—

(a)a “Berne Convention country” means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and

(b)references to simultaneous publication are to publication within 30 days of first publication.]

Annotations:

Amendments (Textual)

F48S. 15A inserted (1.1.1996) by S.I. 1995/3297, reg. 8(1) (with Pt. IV)

Chapter IIE+W+S+N.I. Rights of Copyright Owner

Annotations:

Modifications etc. (not altering text)

C25Pt. I Ch. II (ss. 16-27) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1) (with Pt. III)

The acts restricted by copyrightE+W+S+N.I.

16 The acts restricted by copyright in a work.E+W+S+N.I.

(1)The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—

(a)to copy the work (see section 17);

(b)to issue copies of the work to the public (see section 18);

F49[(ba)to rent or lend the work to the public (see section 18A);]

(c)to perform, show or play the work in public (see section 19);

[F50(d)to communicate the work to the public (see section 20);]

(e)to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);

and those acts are referred to in this Part as the “acts restricted by the copyright”.

(2)Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.

(3)References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—

(a)in relation to the work as a whole or any substantial part of it, and

(b)either directly or indirectly;

and it is immaterial whether any intervening acts themselves infringe copyright.

(4)This Chapter has effect subject to—

(a)the provisions of Chapter III (acts permitted in relation to copyright works), and

(b)the provisions of Chapter VII (provisions with respect to copyright licensing).

Annotations:

Amendments (Textual)

F49S. 16(1)(ba) inserted (1.12.1996) by S.I. 1996/2967, reg. 10(1) (with Pt. III)

17 Infringement of copyright by copying.E+W+S+N.I.

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

(2)Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.

This includes storing the work in any medium by electronic means.

(3)In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work.

(4)Copying in relation to a film [F51or broadcast] includes making a photograph of the whole or any substantial part of any image forming part of the film [F51or broadcast].

(5)Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

(6)Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.

Annotations:

Amendments (Textual)

18 Infringement by issue of copies to the public.E+W+S+N.I.

(1)The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.

F52[F52(2)References in this Part to the issue to the public of copies of a work are to—

(a)the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the copyright owner, or

(b)the act of putting into circulation outside the EEA copies not previously put into circulation in the EEA or elsewhere.

F52(3)References in this Part to the issue to the public of copies of a work do not include—

(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending), or

(b)any subsequent importation of such copies into the United Kingdom or another EEA state,

except so far as paragraph (a) of subsection (2) applies to putting into circulation in the EEA copies previously put into circulation outside the EEA.]

F53[(4)References in this Part to the issue of copies of a work include the issue of the original.]

Annotations:

Amendments (Textual)

F52S. 18(2)(3) substituted (1.12.1996) by S.I. 1996/2967, reg. 9(2) (with Pt. III)

F53S. 18(4) added (1.12.1996) by S.I. 1996/2967, reg. 9(3) (with Pt. III)

[F5418A Infringement by rental or lending of work to the public.E+W+S+N.I.

(1)The rental or lending of copies of the work to the public is an act restricted by the copyright in—

(a)a literary, dramatic or musical work,

(b)an artistic work, other than—

(i)a work of architecture in the form of a building or a model for a building, or

(ii)a work of applied art, or

(c)a film or a sound recording.

(2)In this Part, subject to the following provisions of this section—

(a)“rental” means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and

(b)“lending” means making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.

(3)The expressions “rental” and “lending” do not include—

(a)making available for the purpose of public performance, playing or showing in public [F55or communication to the public];

(b)making available for the purpose of exhibition in public; or

(c)making available for on-the-spot reference use.

(4)The expression “lending” does not include making available between establishments which are accessible to the public.

(5)Where lending by an establishment accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.

(6)References in this Part to the rental or lending of copies of a work include the rental or lending of the original.]

Annotations:

Amendments (Textual)

F54S. 18A inserted (1.12.1996) by S.I. 1996/2967, reg. 10(2) (with Pt. III)

19 Infringement by performance, showing or playing of work in public.E+W+S+N.I.

(1)The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.

(2)In this Part “performance”, in relation to a work—

(a)includes delivery in the case of lectures, addresses, speeches and sermons, and

(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film [F56or broadcast] of the work.

(3)The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film [F56or broadcast].

(4)Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds conveyed by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be regarded as responsible for the infringement.

Annotations:

Amendments (Textual)

[F5720Infringement by communication to the publicE+W+S+N.I.

(1)The communication to the public of the work is an act restricted by the copyright in—

(a)a literary, dramatic, musical or artistic work,

(b)a sound recording or film, or

(c)a broadcast.

(2)References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include—

(a)the broadcasting of the work;

(b)the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]

Annotations:

Amendments (Textual)

21 Infringement by making adaptation or act done in relation to adaptation.E+W+S+N.I.

(1)The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work.

For this purpose an adaptation is made when it is recorded, in writing or otherwise.

(2)The doing of any of the acts specified in sections 17 to 20, or subsection (1) above, in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work.

For this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

(3)In this Part “adaptation”—

(a)in relation to a literary [F58work, [F59other than a computer program or a database, or in relation to a]] dramatic work, means—

(i)a translation of the work;

(ii)a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;

(iii)a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;

F60[(ab)in relation to a computer program, means an arrangement or altered version of the program or a translation of it;]

F61[(ac)in relation to a database, means an arrangement or altered version of the database or a translation of it;]

(b)in relation to a musical work, means an arrangement or transcription of the work.

(4)In relation to a computer program a “translation” includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code F62. . .

(5)No inference shall be drawn from this section as to what does or does not amount to copying a work.

Annotations:

Amendments (Textual)

F58Words in s. 21(3)(a) inserted (1.1.1993) by S.I. 1992/3233, reg. 5(1)

F59Words in s. 21(3)(a) substituted (1.1.1998) by S.I. 1997/3032, reg. 7(a) (with Pt. IV)

F60S. 21(3)(ab) inserted (1.1.1993) by S.I. 1992/3233, reg. 5(2)

F61S. 21(3)(ac) inserted (1.1.1998) by S.I. 1997/3032, reg. 7(b) (with Pt. IV)

F62Words in s. 21(4) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 5(3)

Secondary infringement of copyrightE+W+S+N.I.

22 Secondary infringement: importing infringing copy.E+W+S+N.I.

The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into the United Kingdom, otherwise than for his private and domestic use, an article which is, and which he knows or has reason to believe is, an infringing copy of the work.

23 Secondary infringement: possessing or dealing with infringing copy.E+W+S+N.I.

The copyright in a work is infringed by a person who, without the licence of the copyright owner—

(a)possesses in the course of a business,

(b)sells or lets for hire, or offers or exposes for sale or hire,

(c)in the course of a business exhibits in public or distributes, or

(d)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of the work.

24 Secondary infringement: providing means for making infringing copies.E+W+S+N.I.

(1)Copyright in a work is infringed by a person who, without the licence of the copyright owner—

(a)makes,

(b)imports into the United Kingdom,

(c)possesses in the course of a business, or

(d)sells or lets for hire, or offers or exposes for sale or hire,

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.

(2)Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by means of a telecommunications system (otherwise than by [F63communication to the public]), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the United Kingdom or elsewhere.

Annotations:

Amendments (Textual)

25 Secondary infringement: permitting use of premises for infringing performance.E+W+S+N.I.

(1)Where the copyright in a literary, dramatic or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.

(2)In this section “place of public entertainment” includes premises which are occupied mainly for other purposes but are from time to time made available for hire for the purposes of public entertainment.

26 Secondary infringement: provision of apparatus for infringing performance, &c.E+W+S+N.I.

(1)Where copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, by means of apparatus for—

(a)playing sound recordings,

(b)showing films, or

(c)receiving visual images or sounds conveyed by electronic means,

the following persons are also liable for the infringement.

(2)A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if when he supplied the apparatus or part—

(a)he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright, or

(b)in the case of apparatus whose normal use involves a public performance, playing or showing, he did not believe on reasonable grounds that it would not be so used as to infringe copyright.

(3)An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if when he gave permission he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright.

(4)A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if when he supplied it he knew or had reason to believe that what he supplied, or a copy made directly or indirectly from it, was likely to be so used as to infringe copyright.

Infringing copiesE+W+S+N.I.

27 Meaning of “infringing copy”.E+W+S+N.I.

(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)F64. . . 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.

F65(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 [F66EU] 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 —

  • [F67section 29A(3) (copies for text and data analysis for non-commercial research),]

  • [F68section 28B(7) and (9) (personal copies for private use),]

  • [F69section 31A(5) and (6) (disabled persons: copies of works for personal use),]

  • [F70section 31B(11) (making and supply of accessible copies by authorised bodies),]

  • [F67section 35(5) (recording by educational establishments of broadcasts),]

  • [F67section 36(8) (copying and use of extracts of works by educational establishments),]

  • [F67section 42A(5)(b) (copying by librarians: single copies of published works),]

  • [F67section 61(6)(b) (recordings of folksongs),]

  • F71...

  • F72...

  • F72...

  • F72...

  • F72...

  • 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 F73 . . . ),

  • [F74section 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).

Annotations:

Amendments (Textual)

F64Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F65S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F68Words 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)

F74S. 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)

Marginal Citations

Chapter IIIE+W+S+N.I. Acts Permitted in relation to Copyright Works

Annotations:

Modifications etc. (not altering text)

C26Pt. I Ch. III (ss. 28–76) amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)

C27Pt. I Ch. III (ss. 28-76) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)

C28Pt. I Ch. III (ss. 28-76) continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33, (with regs. 31-40)

IntroductoryE+W+S+N.I.

28 Introductory provisions.E+W+S+N.I.

(1)The provisions of this Chapter specify acts which may be done in relation to copyright works notwithstanding the subsistence of copyright; they relate only to the question of infringement of copyright and do not affect any other right or obligation restricting the doing of any of the specified acts.

(2)Where it is provided by this Chapter that an act does not infringe copyright, or may be done without infringing copyright, and no particular description of copyright work is mentioned, the act in question does not infringe the copyright in a work of any description.

(3)No inference shall be drawn from the description of any act which may by virtue of this Chapter be done without infringing copyright as to the scope of the acts restricted by the copyright in any description of work.

(4)The provisions of this Chapter are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.

GeneralE+W+S+N.I.

[F7528AMaking of temporary copiesE+W+S+N.I.

Copyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—

(a)a transmission of the work in a network between third parties by an intermediary; or

(b)a lawful use of the work;

and which has no independent economic significance.]

Annotations:

Amendments (Textual)

[F7628BPersonal copies for private useE+W+S+N.I.

(1)The making of a copy of a work, other than a computer program, by an individual does not infringe copyright in the work provided that the copy—

(a)is a copy of—

(i)the individual’s own copy of the work, or

(ii)a personal copy of the work made by the individual,

(b)is made for the individual’s private use, and

(c)is made for ends which are neither directly nor indirectly commercial.

(2)In this section “the individual’s own copy” is a copy which—

(a)has been lawfully acquired by the individual on a permanent basis,

(b)is not an infringing copy, and

(c)has not been made under any provision of this Chapter which permits the making of a copy without infringing copyright.

(3)In this section a “personal copy” means a copy made under this section.

(4)For the purposes of subsection (2)(a), a copy “lawfully acquired on a permanent basis”—

(a)includes a copy which has been purchased, obtained by way of a gift, or acquired by means of a download resulting from a purchase or a gift (other than a download of a kind mentioned in paragraph (b)); and

(b)does not include a copy which has been borrowed, rented, broadcast or streamed, or a copy which has been obtained by means of a download enabling no more than temporary access to the copy.

(5)In subsection (1)(b) “private use” includes private use facilitated by the making of a copy—

(a)as a back up copy,

(b)for the purposes of format-shifting, or

(c)for the purposes of storage, including in an electronic storage area accessed by means of the internet or similar means which is accessible only by the individual (and the person responsible for the storage area).

(6)Copyright in a work is infringed if an individual transfers a personal copy of the work to another person (otherwise than on a private and temporary basis), except where the transfer is authorised by the copyright owner.

(7)If copyright is infringed as set out in subsection (6), a personal copy which has been transferred is for all purposes subsequently treated as an infringing copy.

(8)Copyright in a work is also infringed if an individual, having made a personal copy of the work, transfers the individual’s own copy of the work to another person (otherwise than on a private and temporary basis) and, after that transfer and without the licence of the copyright owner, retains any personal copy.

(9)If copyright is infringed as set out in subsection (8), any retained personal copy is for all purposes subsequently treated as an infringing copy.

(10)To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

Annotations:

Amendments (Textual)

F76S. 28B 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), 3(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)

29 Research and private study.E+W+S+N.I.

[F77(1)Fair dealing with a F78... work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.]

[F79(1B)No acknowledgement is required in connection with fair dealing for the purposes mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.

(1C)Fair dealing with a F80... work for the purposes of private study does not infringe any copyright in the work.]

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Copying by a person other than the researcher or student himself is not fair dealing if—

[F82(a)in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under section 42A (copying by librarians: single copies of published works), or]

(b)in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.

F83 [( 4 )It is not fair dealing—

(a)to convert a computer program expressed in a low level language into a version expressed in a higher level language, or

(b)incidentally in the course of so converting the program, to copy it,

(these acts being permitted if done in accordance with section 50B (decompilation)).]

[F84(4A)It is not fair dealing to observe, study or test the functioning of a computer program in order to determine the ideas and principles which underlie any element of the program (these acts being permitted if done in accordance with section 50BA (observing, studying and testing)).]

[F85(4B)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

(5)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F77S. 29(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(a), (with regs 31-40)

F79S. 29(1B)(1C) substituted (31.10.2003) for s. 29(1A) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(b) (with regs. 31-40)

F83S. 29(4) inserted (1.1.1993) by S.I. 1992/3233, reg. 7

[F8729A Copies for text and data analysis for non-commercial researchE+W+S+N.I.

(1)The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that—

(a)the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and

(b)the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(2)Where a copy of a work has been made under this section, copyright in the work is infringed if—

(a)the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or

(b)the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner.

(3)If a copy made under this section is subsequently dealt with—

(a)it is to be treated as an infringing copy for the purposes of that dealing, and

(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(4)In subsection (3) “dealt with” means sold or let for hire, or offered or exposed for sale or hire.

(5)To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

30 Criticism, review[F88, quotation] and news reporting.E+W+S+N.I.

(1)Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement [F89 (unless this would be impossible for reasons of practicality or otherwise)] [F90 and provided that the work has been made available to the public].

[F91(1ZA)Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—

(a)the work has been made available to the public,

(b)the use of the quotation is fair dealing with the work,

(c)the extent of the quotation is no more than is required by the specific purpose for which it is used, and

(d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).]

[F92(1A)For the purposes of [F93subsections (1) and (1ZA)] a work has been made available to the public if it has been made available by any means, including—

(a)the issue of copies to the public;

(b)making the work available by means of an electronic retrieval system;

(c)the rental or lending of copies of the work to the public;

(d)the performance, exhibition, playing or showing of the work in public;

(e)the communication to the public of the work,

but in determining generally for the purposes of [F94those subsections] whether a work has been made available to the public no account shall be taken of any unauthorised act.]

(2)Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

(3)No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film [F95 or broadcast where this would be impossible for reasons of practicality or otherwise].

[F96(4)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.]

[F9730ACaricature, parody or pasticheE+W+S+N.I.

(1)Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.

(2)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

31 Incidental inclusion of copyright material.E+W+S+N.I.

(1)Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film [F98or broadcast].

(2)Nor is the copyright infringed by the issue to the public of copies, or the playing, showing [F99or communication to the public], of anything whose making was, by virtue of subsection (1), not an infringement of the copyright.

(3)A musical work, words spoken or sung with music, or so much of a sound recording [F98or broadcast] as includes a musical work or such words, shall not be regarded as incidentally included in another work if it is deliberately included.

Annotations:

Amendments (Textual)

F99Words in s. 31(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (31.10.2003), reg. 2(1), {Sch. 1 para. 6(2)(b)} (with reg. 31-40)

[F100Disability]E+W+S+N.I.

Annotations:

Amendments (Textual)

[F10131A Disabled persons: copies of works for personal useE+W+S+N.I.

(1)This section applies if—

(a)a disabled person has lawful possession or lawful use of a copy of the whole or part of a work, and

(b)the person’s disability prevents the person from enjoying the work to the same degree as a person who does not have that disability.

(2)The making of an accessible copy of the copy of the work referred to in subsection (1)(a) does not infringe copyright if—

(a)the copy is made by the disabled person or by a person acting on behalf of the disabled person,

(b)the copy is made for the disabled person’s personal use, and

(c)the same kind of accessible copies of the work are not commercially available on reasonable terms by or with the authority of the copyright owner.

(3)If a person makes an accessible copy under this section on behalf of a disabled person and charges the disabled person for it, the sum charged must not exceed the cost of making and supplying the copy.

(4)Copyright is infringed by the transfer of an accessible copy of a work made under this section to any person other than—

(a)a person by or for whom an accessible copy of the work may be made under this section, or

(b)a person who intends to transfer the copy to a person falling within paragraph (a),

except where the transfer is authorised by the copyright owner.

(5)An accessible copy of a work made under this section is to be treated for all purposes as an infringing copy if it is held by a person at a time when the person does not fall within subsection (4)(a) or (b).

(6)If an accessible copy made under this section is subsequently dealt with—

(a)it is to be treated as an infringing copy for the purposes of that dealing, and

(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(7)In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.]

[F10231B Making and supply of accessible copies by authorised bodiesE+W+S+N.I.

(1)If an authorised body has lawful possession of a copy of the whole or part of a published work, the body may, without infringing copyright, make and supply accessible copies of the work for the personal use of disabled persons.

(2)But subsection (1) does not apply if the same kind of accessible copies of the work are commercially available on reasonable terms by or with the authority of the copyright owner.

(3)If an authorised body has lawful access to or lawful possession of the whole or part of a broadcast or a copy of a broadcast, the body may, without infringing copyright—

(a)in the case of a broadcast, make a recording of the broadcast, and make and supply accessible copies of the recording or of any work included in the broadcast, and

(b)in the case of a copy of a broadcast, make and supply accessible copies of that copy or of any work included in the broadcast,

for the personal use of disabled persons.

(4)But subsection (3) does not apply if the same kind of accessible copies of the broadcast, or of any work included in it, are commercially available on reasonable terms by or with the authority of the copyright owner.

(5)For the purposes of subsections (1) and (3), supply “for the personal use of disabled persons” includes supply to a person acting on behalf of a disabled person.

(6)An authorised body which is an educational establishment conducted for profit must ensure that any accessible copies which it makes under this section are used only for its educational purposes.

(7)An accessible copy made under this section must be accompanied by—

(a)a statement that it is made under this section, and

(b)a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(8)If an accessible copy is made under this section of a work which is in copy-protected electronic form, the accessible copy must, so far as is reasonably practicable, incorporate the same or equally effective copy protection (unless the copyright owner agrees otherwise).

(9)An authorised body which has made an accessible copy of a work under this section may supply it to another authorised body which is entitled to make accessible copies of the work under this section for the purposes of enabling that other body to make accessible copies of the work.

(10)If an authorised body supplies an accessible copy it has made under this section to a person or authorised body as permitted by this section and charges the person or body for it, the sum charged must not exceed the cost of making and supplying the copy.

(11)If an accessible copy made under this section is subsequently dealt with—

(a)it is to be treated as an infringing copy for the purposes of that dealing, and

(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(12)In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.

Annotations:

Amendments (Textual)

31BAMaking and supply of intermediate copies by authorised bodiesE+W+S+N.I.

(1)An authorised body which is entitled to make an accessible copy of a work under section 31B may, without infringing copyright, make a copy of the work (“an intermediate copy”) if this is necessary in order to make the accessible copy.

(2)An authorised body which has made an intermediate copy of a work under this section may supply it to another authorised body which is entitled to make accessible copies of the work under section 31B for the purposes of enabling that other body to make accessible copies of the work.

(3)Copyright is infringed by the transfer of an intermediate copy made under this section to a person other than another authorised body as permitted by subsection (2), except where the transfer is authorised by the copyright owner.

(4)If an authorised body supplies an intermediate copy to an authorised body under subsection (2) and charges the body for it, the sum charged must not exceed the cost of making and supplying the copy.

Annotations:

Amendments (Textual)

31BBAccessible and intermediate copies: records and notificationE+W+S+N.I.

(1)An authorised body must keep a record of—

(a)accessible copies it makes under section 31B,

(b)intermediate copies it makes under section 31BA, and

(c)the persons to whom such copies are supplied.

(2)An authorised body must allow the copyright owner or a person acting for the copyright owner, on giving reasonable notice, to inspect at any reasonable time—

(a)records kept under subsection (1), and

(b)records of copies made under sections 31B and 31C as those sections were in force before the coming into force of these Regulations.

(3)Within a reasonable time of making an accessible copy under section 31B, an authorised body must—

(a)notify any body which—

(i)represents particular copyright owners or owners of copyright in the type of work concerned, and

(ii)has given notice to the Secretary of State of the copyright owners, or the classes of copyright owner, represented by it, or

(b)if there is no such body, notify the copyright owner (unless it is not reasonably possible to ascertain the name and address of the copyright owner).]

Annotations:

Amendments (Textual)

F10331C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10331D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10331E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

[F10431F Sections 31A to 31BB: interpretation and generalE+W+S+N.I.

(1)This section supplements sections 31A to 31BB and includes definitions.

(2)“Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly.

(3)But a person is not to be regarded as disabled by reason only of an impairment of visual function which can be improved, by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light.

(4)An “accessible copy” of a copyright work means a version of the work which enables the fuller enjoyment of the work by disabled persons.

(5)An accessible copy—

(a)may include facilities for navigating around the version of the work, but

(b)must not include any changes to the work which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.

(6)“Authorised body” means—

(a)an educational establishment, or

(b)a body that is not conducted for profit.

(7)The “supply” of a copy includes making it available for use, otherwise than for direct or indirect economic or commercial advantage, on terms that it will or may be returned.

(8)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of section 31A, 31B or 31BA, would not infringe copyright, that term is unenforceable.]

EducationE+W+S+N.I.

[F10532Illustration for instructionE+W+S+N.I.

(1)Fair dealing with a work for the sole purpose of illustration for instruction does not infringe copyright in the work provided that the dealing is—

(a)for a non-commercial purpose,

(b)by a person giving or receiving instruction (or preparing for giving or receiving instruction), and

(c)accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(2)For the purposes of subsection (1), “giving or receiving instruction” includes setting examination questions, communicating the questions to pupils and answering the questions.

(3)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

33 Anthologies for educational use.E+W+S+N.I.

(1)The inclusion of a short passage from a published literary or dramatic work in a collection which—

(a)is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher, and

(b)consists mainly of material in which no copyright subsists,

does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.

(2)Subsection (1) does not authorise the inclusion of more than two excerpts from copyright works by the same author in collections published by the same publisher over any period of five years.

(3)In relation to any given passage the reference in subsection (2) to excerpts from works by the same author—

(a)shall be taken to include excerpts from works by him in collaboration with another, and

(b)if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.

(4)References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.

34 Performing, playing or showing work in course of activities of educational establishment.E+W+S+N.I.

(1)The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment—

(a)by a teacher or pupil in the course of the activities of the establishment, or

(b)at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

(2)The playing or showing of a sound recording, film [F106or broadcast] before such an audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.

(3)A person is not for this purpose directly connected with the activities of the educational establishment simply because he is the parent of a pupil at the establishment.

Annotations:

Amendments (Textual)

[F10735Recording by educational establishments of broadcastsE+W+S+N.I.

(1)A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing copyright in the broadcast, or in any work included in it, provided that—

(a)the educational purposes are non-commercial, and

(b)the recording or copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(2)Copyright is not infringed where a recording of a broadcast or a copy of such a recording, made under subsection (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment.

(3)Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.

(4)Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.

(5)If a copy made under this section is subsequently dealt with—

(a)it is to be treated as an infringing copy for the purposes of that dealing, and

(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(6)In this section “dealt with” means—

(a)sold or let for hire,

(b)offered or exposed for sale or hire, or

(c)communicated otherwise than as permitted by subsection (2).]

[F10836Copying and use of extracts of works by educational establishmentsE+W+S+N.I.

(1)The copying of extracts of a relevant work by or on behalf of an educational establishment does not infringe copyright in the work, provided that—

(a)the copy is made for the purposes of instruction for a non-commercial purpose, and

(b)the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(2)Copyright is not infringed where a copy of an extract made under subsection (1) is communicated by or on behalf of the educational establishment to its pupils or staff for the purposes of instruction for a non-commercial purpose.

(3)Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.

(4)In this section “relevant work” means a copyright work other than—

(a)a broadcast, or

(b)an artistic work which is not incorporated into another work.

(5)Not more than 5% of a work may be copied under this section by or on behalf of an educational establishment in any period of 12 months, and for these purposes a work which incorporates another work is to be treated as a single work.

(6)Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.

(7)The terms of a licence granted to an educational establishment authorising acts permitted by this section are of no effect so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted by this section.

(8)If a copy made under this section is subsequently dealt with—

(a)it is to be treated as an infringing copy for the purposes of that dealing, and

(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(9)In this section “dealt with” means—

(a)sold or let for hire,

(b)offered or exposed for sale or hire, or

(c)communicated otherwise than as permitted by subsection (2).]

[F10936A Lending of copies by educational establishmentsE+W+S+N.I.

Copyright in a work is not infringed by the lending of copies of the work by an educational establishment.]

Annotations:

Amendments (Textual)

F109S. 36A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(1) (with Pt. III)

Libraries and archivesE+W+S+N.I.

F11037Libraries and archives: introductory.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11038Copying by librarians: articles in periodicals.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11039Copying by librarians: parts of published works.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11040Restriction on production of multiple copies of the same material.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11140A Lending of copies by libraries or archives.E+W+S+N.I.

[F112(1)Copyright in a work of any description is not infringed by the following acts by a public library in relation to a book within the public lending right scheme—

(a)lending the book;

(b)in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.

(1A)In subsection (1)—

(a)book ”, “ audio-book ” and “ e-book ” have the meanings given in section 5 of the Public Lending Right Act 1979,

(b)the public lending right scheme ” means the scheme in force under section 1 of that Act,

(c)a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and

(d)lending ” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply). ]

( 2 ) Copyright in a work is not infringed by the lending of copies of the work by a F113 ...library or archive (other than a public library) which is not conducted for profit. ]

Annotations:

Amendments (Textual)

F111S. 40A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(2) (with Pt. III)

F112S. 40A(1)(1A) substituted (30.6.2014) for s. 40A(1) by Digital Economy Act 2010 (c. 24), ss. 43(7), 47(3)(d); S.I. 2014/1659, art. 2

Modifications etc. (not altering text)

C29S. 40A(2) modified (1.12.1996) by S.I. 1996/2967, reg. 35 (with Pt. III)

[F11440B Libraries and educational establishments etc : making works available through dedicated terminals E+W+S+N.I.

(1)Copyright in a work is not infringed by an institution specified in subsection (2) communicating the work to the public or making it available to the public by means of a dedicated terminal on its premises, if the conditions in subsection (3) are met.

(2)The institutions are—

(a)a library,

(b)an archive,

(c)a museum, and

(d)an educational establishment.

(3)The conditions are that the work or a copy of the work—

(a)has been lawfully acquired by the institution,

(b)is communicated or made available to individual members of the public for the purposes of research or private study, and

(c)is communicated or made available in compliance with any purchase or licensing terms to which the work is subject.]

[F11541 Copying by librarians: supply of single copies to other librariesE+W+S+N.I.

(1)A librarian may, if the conditions in subsection (2) are met, make a single copy of the whole or part of a published work and supply it to another library, without infringing copyright in the work.

(2)The conditions are—

(a)the copy is supplied in response to a request from a library which is not conducted for profit, and

(b)at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work.

(3)The condition in subsection (2)(b) does not apply where the request is for a copy of an article in a periodical.

(4)Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(5)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

42 Copying by librarians etc : replacement copies of works E+W+S+N.I.

(1)A librarian, archivist or curator of a library, archive or museum may, without infringing copyright, make a copy of an item in that institution’s permanent collection—

(a)in order to preserve or replace that item in that collection, or

(b)where an item in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the item in the collection of that other library, archive or museum,

provided that the conditions in subsections (2) and (3) are met.

(2)The first condition is that the item is—

(a)included in the part of the collection kept wholly or mainly for the purposes of reference on the institution’s premises,

(b)included in a part of the collection not accessible to the public, or

(c)available on loan only to other libraries, archives or museums.

(3)The second condition is that it is not reasonably practicable to purchase a copy of the item to achieve either of the purposes mentioned in subsection (1).

(4)The reference in subsection (1)(b) to a library, archive or museum is to a library, archive or museum which is not conducted for profit.

(5)Where an institution makes a charge for supplying a copy to another library, archive or museum under subsection (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(6)In this section “item” means a work or a copy of a work.

(7)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

42ACopying by librarians: single copies of published worksE+W+S+N.I.

(1)A librarian of a library which is not conducted for profit may, if the conditions in subsection (2) are met, make and supply a single copy of—

(a)one article in any one issue of a periodical, or

(b)a reasonable proportion of any other published work,

without infringing copyright in the work.

(2)The conditions are—

(a)the copy is supplied in response to a request from a person who has provided the librarian with a declaration in writing which includes the information set out in subsection (3), and

(b)the librarian is not aware that the declaration is false in a material particular.

(3)The information which must be included in the declaration is—

(a)the name of the person who requires the copy and the material which that person requires,

(b)a statement that the person has not previously been supplied with a copy of that material by any library,

(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person, and

(d)a statement that to the best of the person’s knowledge, no other person with whom the person works or studies has made, or intends to make, at or about the same time as the person’s request, a request for substantially the same material for substantially the same purpose.

(4)Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(5)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—

(a)P is liable for infringement of copyright as if P had made the copy, and

(b)the copy supplied to P is to be treated as an infringing copy for all purposes.

(6)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

43Copying by librarians or archivists: single copies of unpublished worksE+W+S+N.I.

(1)A librarian or archivist may make and supply a single copy of the whole or part of a work without infringing copyright in the work, provided that—

(a)the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in subsection (2), and

(b)the librarian or archivist is not aware that the declaration is false in a material particular.

(2)The information which must be included in the declaration is—

(a)the name of the person who requires the copy and the material which that person requires,

(b)a statement that the person has not previously been supplied with a copy of that material by any library or archive, and

(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.

(3)But copyright is infringed if—

(a)the work had been published or communicated to the public before the date it was deposited in the library or archive, or

(b)the copyright owner has prohibited the copying of the work,

and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact.

(4)Where a library or archive makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(5)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—

(a)P is liable for infringement of copyright as if P had made the copy, and

(b)the copy supplied to P is to be treated as an infringing copy for all purposes.

43ASections 40A to 43: interpretationE+W+S+N.I.

(1)The following definitions have effect for the purposes of sections 40A to 43.

(2)“Library” means—

(a)a library which is publicly accessible, or

(b)a library of an educational establishment.

(3)“Museum” includes a gallery.

(4)“Conducted for profit”, in relation to a library, archive or museum, means a body of that kind which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit.

(5)References to a librarian, archivist or curator include a person acting on behalf of a librarian, archivist or curator.]

44 Copy of work required to be made as condition of export.E+W+S+N.I.

If an article of cultural or historical importance or interest cannot lawfully be exported from the United Kingdom unless a copy of it is made and deposited in an appropriate library or archive, it is not an infringement of copyright to make that copy.

[F11644ALegal deposit librariesE+W+S+N.I.

(1)Copyright is not infringed by the copying of a work from the internet by a deposit library or person acting on its behalf if—

(a)the work is of a description prescribed by regulations under section 10(5) of the 2003 Act,

(b)its publication on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and

(c)the copying is done in accordance with any conditions so prescribed.

(2)Copyright is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section 7 of the 2003 Act.

(3)The Secretary of State may by regulations make provision excluding, in relation to prescribed activities done in relation to relevant material, the application of such of the provisions of this Chapter as are prescribed.

(4)Regulations under subsection (3) may in particular make provision prescribing activities—

(a)done for a prescribed purpose,

(b)done by prescribed descriptions of reader,

(c)done in relation to prescribed descriptions of relevant material,

(d)done other than in accordance with prescribed conditions.

(5)Regulations under this section may make different provision for different purposes.

(6)Regulations 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.

(7)In this section—

(a)the 2003 Act ” means the Legal Deposit Libraries Act 2003;

(b)deposit library ”, “ reader ” and “ relevant material ” have the same meaning as in section 7 of the 2003 Act;

(c)prescribed ” means prescribed by regulations made by the Secretary of State. ]

Annotations:

Amendments (Textual)

[F117Orphan worksE+W+S+N.I.

Annotations:

Amendments (Textual)

44BPermitted uses of orphan worksE+W+S+N.I.

(1)Copyright in an orphan work is not infringed by a relevant body in the circumstances set out in paragraph 1(1) of Schedule ZA1 (subject to paragraph 6 of that Schedule).

(2)“Orphan work” and “relevant body” have the meanings given by that Schedule.]

Public administrationE+W+S+N.I.

45 Parliamentary and judicial proceedings.E+W+S+N.I.

(1)Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.

(2)Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.

46 Royal Commissions and statutory inquiries.E+W+S+N.I.

(1)Copyright is not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry.

(2)Copyright is not infringed by anything done for the purpose of reporting any such proceedings held in public; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.

(3)Copyright in a work is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the work or material from it.

(4)In this section—

Annotations:

Marginal Citations

47 Material open to public inspection or on official register.E+W+S+N.I.

(1)Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public.

[F118(2)Where material is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that—

(a)the act is done by or with the authority of the appropriate person,

(b)the purpose of the act is—

(i)to enable the material to be inspected at a more convenient time or place, or

(ii)to otherwise facilitate the exercise of any right for the purpose of which the statutory requirement is imposed, and

(c)in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner.

(3)Where material which contains information about matters of general scientific, technical, commercial or economic interest is on a statutory register or is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that—

(a)the act is done by or with the authority of the appropriate person,

(b)the purpose of the act is to disseminate that information, and

(c)in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner.

(3A)This subsection applies to any of the following acts—

(a)copying the material,

(b)issuing copies of the material to the public, and

(c)making the material (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]

(4)The Secretary of State may by order provide that subsection (1), (2) or (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.

(5)The Secretary of State may by order provide that subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order—

(a)to material made open to public inspection by—

(i)an international organisation specified in the order, or

(ii)a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or

(b)to a register maintained by an international organisation specified in the order,

as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.

(6)In this section—

(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.

Annotations:

Amendments (Textual)

F118S. 47(2)-(3A) substituted for s. 47(2)(3) (1.6.2014) by The Copyright (Public Administration) Regulations 2014 (S.I. 2014/1385), regs. 1, 2(1)

Modifications etc. (not altering text)

C30S. 47(1) extended with modifications by S.I. 1989/1098, art. 2

48 Material communicated to the Crown in the course of public business.E+W+S+N.I.

(1)This section applies where a literary, dramatic, musical or artistic work has in the course of public business been communicated to the Crown for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Crown.

[F119(2)The Crown may, without infringing copyright in the work, do an act specified in subsection (3) provided that—

(a)the act is done for the purpose for which the work was communicated to the Crown, or any related purpose which could reasonably have been anticipated by the copyright owner, and

(b)the work has not been previously published otherwise than by virtue of this section.]

[F119(3)The acts referred to in subsection (2) are—

(a)copying the work,

(b)issuing copies of the work to the public, and

(c)making the work (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]

(4)In subsection (1) “public business” includes any activity carried on by the Crown.

(5)This section has effect subject to any agreement to the contrary between the Crown and the copyright owner.

[F120(6) In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, [F121the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,] F122... , the Care Quality Commission [F123, Health Education England ] [F124, the Health Research Authority] and a National Health Service trust established under [F125 section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ] or the National Health Service (Scotland) Act 1978 [F126 and an NHS foundation trust ] [F127 and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order ], and the reference in subsection (1) above to public business shall be construed accordingly. ]

Annotations:

Amendments (Textual)

F123Words in s. 48(6) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 33; S.I. 2014/3186, art. 2(f)

F124Words in s. 48(6) inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 25; S.I. 2014/2473, art. 5(m)

Modifications etc. (not altering text)

C33S. 48: functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch. (subject to reg. 5)

49 Public records.E+W+S+N.I.

Material which is comprised in public records within the meaning of the M3Public Records Act 1958, the M4Public Records (Scotland) Act 1937 or the M5Public Records Act (Northern Ireland) 1923 [F128, or in Welsh public records (as defined in the [F129the Government of Wales Act 2006]),] which are open to public inspection in pursuance of that Act, may be copied, and a copy may be supplied to any person, by or with the authority of any officer appointed under that Act, without infringement of copyright.

Annotations:

Amendments (Textual)

F128Words in s. 49 inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 27 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F129Words in s. 49 substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 24 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Marginal Citations

50 Acts done under statutory authority.E+W+S+N.I.

(1)Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe copyright.

(2)Subsection (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies in relation to an Act of Parliament.

(3)Nothing in this section shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.

[F130Computer programs: lawful usersE+W+S+N.I.

Annotations:

Amendments (Textual)

F130Cross-heading and ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.

F131 50A Back up copies.E+W+S+N.I.

(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.

(2)For the purposes of this section and sections 50B [F132, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.

(3)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

Annotations:

Amendments (Textual)

F131Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.

F133 50B Decompilation.E+W+S+N.I.

(1)It is not an infringement of copyright for a lawful user of a copy of a computer program expressed in a low level language—

(a)to convert it into a version expressed in a higher level language, or

(b)incidentally in the course of so converting the program, to copy it,

(that is, to “decompile” it), provided that the conditions in subsection (2) are met.

(2)The conditions are that—

(a)it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the program decompiled or with another program (“the permitted objective”); and

(b)the information so obtained is not used for any purpose other than the permitted objective.

(3)In particular, the conditions in subsection (2) are not met if the lawful user—

(a)has readily available to him the information necessary to achieve the permitted objective;

(b)does not confine the decompiling to such acts as are necessary to achieve the permitted objective;

(c)supplies the information obtained by the decompiling to any person to whom it is not necessary to supply it in order to achieve the permitted objective; or

(d)uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by copyright.

(4)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

Annotations:

Amendments (Textual)

F133Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.

[F13450BAObserving, studying and testing of computer programsE+W+S+N.I.

(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.

(2)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).]

Annotations:

Amendments (Textual)

F135 50C Other acts permitted to lawful users.E+W+S+N.I.

(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to copy or adapt it, provided that the copying or adapting—

(a)is necessary for his lawful use; and

(b)is not prohibited under any term or condition of an agreement regulating the circumstances in which his use is lawful.

(2)It may, in particular, be necessary for the lawful use of a computer program to copy it or adapt it for the purpose of correcting errors in it.

(3)This section does not apply to any copying or adapting permitted under [F136section 50A, 50B or 50BA].]

Annotations:

Amendments (Textual)

F135Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.

[F137Databases: permitted acts]E+W+S+N.I.

Annotations:

Amendments (Textual)

F137S. 50D and crossheading inserted (1.1.1998) by S.I. 1997/3032, reg. 9 (with Pt. IV)

50D[F138 Acts permitted in relation to databases.]E+W+S+N.I.

(1)It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database, (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database.

(2)Where an act which would otherwise infringe copyright in a database is permitted under this section, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296B, void).

Annotations:

Amendments (Textual)

F138S. 50D inserted (1.1.1998) by S.I. 1997/3032, reg. 9 (with Pt. IV)

DesignsE+W+S+N.I.

51 Design documents and models.E+W+S+N.I.

(1)It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.

(2)Nor is it an infringement of the copyright to issue to the public, or include in a film [F139or communicate to the public], anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.

(3)In this section—

Annotations:

Amendments (Textual)

F140Words in s. 51(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 1(2), 24(1); S.I. 2014/2330, art. 3, Sch.

F14152 Effect of exploitation of design derived from artistic work. E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

53 Things done in reliance on registration of design.E+W+S+N.I.

(1)The copyright in an artistic work is not infringed by anything done—

(a)in pursuance of an assignment or licence made or granted by a person registered[F142

(i)]under the M6Registered Designs Act 1949 as the proprietor of a corresponding design, and[F143, or

(ii)under the Community Design Regulation as the right holder of a corresponding registered Community design]

(b)in good faith in reliance on the registration and without notice of any proceedings for the cancellation [F144or invalidation] of the registration or[F145, in a case of registration under the 1949 Act,] for rectifying the relevant entry in the register of designs;

and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the 1949 Act[F146 or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation].

(2)In subsection (1) a “corresponding design”, in relation to an artistic work, means a design within the meaning of the 1949 Act which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.

[F147(3) In subsection (1), a “ corresponding registered Community design ”, in relation to an artistic work, means a design within the meaning of the Community Design Regulation which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work. ]

[F148(4) In this section, “ the Community Design Regulation ” means Council Regulation ( EC ) No 6/2002 of 12 December 2001 on Community designs. ]

Annotations:

Amendments (Textual)

F143Words in s. 53(1)(a) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(2)(b), 24(1); S.I. 2014/2330, art. 3, Sch.

F144Words in s. 53(1)(b) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 16 (with transitional provisions in regs. 10-14)

F145Words in s. 53(1)(b) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(3), 24(1); S.I. 2014/2330, art. 3, Sch.

Marginal Citations

TypefacesE+W+S+N.I.

54 Use of typeface in ordinary course of printing.E+W+S+N.I.

(1)It is not an infringement of copyright in an artistic work consisting of the design of a typeface—

(a)to use the typeface in the ordinary course of typing, composing text, typesetting or printing,

(b)to possess an article for the purpose of such use, or

(c)to do anything in relation to material produced by such use;

and this is so notwithstanding that an article is used which is an infringing copy of the work.

(2)However, the following provisions of this Part apply in relation to persons making, importing or dealing with articles specifically designed or adapted for producing material in a particular typeface, or possessing such articles for the purpose of dealing with them, as if the production of material as mentioned in subsection (1) did infringe copyright in the artistic work consisting of the design of the typeface—

(3)The references in subsection (2) to “dealing with” an article are to selling, letting for hire, or offering or exposing for sale or hire, exhibiting in public, or distributing.

55 Articles for producing material in particular typeface.E+W+S+N.I.

(1)This section applies to the copyright in an artistic work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.

(2)After the period of 25 years from the end of the calendar year in which the first such articles are marketed, the work may be copied by making further such articles, or doing anything for the purpose of making such articles, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3)In subsection (1) “marketed” means sold, let for hire or offered or exposed for sale or hire, in the United Kingdom or elsewhere.

Works in electronic formE+W+S+N.I.

56 Transfers of copies of works in electronic form.E+W+S+N.I.

(1)This section applies where a copy of a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it.

(2)If there are no express terms—

(a)prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or

(b)providing for the terms on which a transferee may do the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.

(3)The same applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

(4)The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.

Miscellaneous: literary, dramatic, musical and artistic worksE+W+S+N.I.

57 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.E+W+S+N.I.

(1)Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—

(a)it is not possible by reasonable inquiry to ascertain the identity of the author, and

(b)it is reasonable to assume—

(i)that copyright has expired, or

(ii)that the author died [F14970 years] or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2)Subsection (1)(b)(ii) does not apply in relation to—

(a)a work in which Crown copyright subsists, or

(b)a work in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than [F14970 years].

(3)In relation to a work of joint authorship—

(a)the reference in subsection (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors, and

(b)the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.

Annotations:

Amendments (Textual)

F149Words in s. 57(1)(b)(ii)(2)(b) substituted (with saving) (1.1.1996) by S.I. 1995/3297, regs. 5(2), 15(2) (with Pt. III)

58 Use of notes or recordings of spoken words in certain cases.E+W+S+N.I.

(1)Where a record of spoken words is made, in writing or otherwise, for the purpose—

(a)of reporting current events, or

(b)of [F150communicating to the public] the whole or part of the work,

it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.

(2)The conditions are that—

(a)the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast F151. . . ;

(b)the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;

(c)the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and

(d)the use is by or with the authority of a person who is lawfully in possession of the record.

Annotations:

Amendments (Textual)

59 Public reading or recitation.E+W+S+N.I.

(1)The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.

(2)Copyright in a work is not infringed by the making of a sound recording, or the [F152communication to the public], of a reading or recitation which by virtue of subsection (1) does not infringe copyright in the work, provided that the recording [F153or communication to the public] consists mainly of material in relation to which it is not necessary to rely on that subsection.

Annotations:

Amendments (Textual)

60 Abstracts of scientific or technical articles.E+W+S+N.I.

(1)Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of it to the public.

(2)This section does not apply if or to the extent that there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.

61 Recordings of folksongs.E+W+S+N.I.

(1)A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a [F154body not established or conducted for profit] without infringing any copyright in the words as a literary work or in the accompanying musical work, provided the conditions in subsection (2) below are met.

(2)The conditions are that—

(a)the words are unpublished and of unknown authorship at the time the recording is made,

(b)the making of the recording does not infringe any other copyright, and

(c)its making is not prohibited by any performer.

[F155(3)A single copy of a sound recording made in reliance on subsection (1) and included in an archive referred to in that subsection may be made and supplied by the archivist without infringing copyright in the recording or the works included in it, provided that—

(a)the copy is supplied in response to a request from a person who has provided the archivist with a declaration in writing which includes the information set out in subsection (4), and

(b)the archivist is not aware that the declaration is false in a material particular.

(4)The information which must be included in the declaration is—

(a)the name of the person who requires the copy and the sound recording which is the subject of the request,

(b)a statement that the person has not previously been supplied with a copy of that sound recording by any archivist, and

(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.

(5)Where an archive makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(6)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—

(a)P is liable for infringement of copyright as if P had made the copy, and

(b)the copy supplied to P is to be treated as an infringing copy for all purposes.

(7)In this section references to an archivist include a person acting on behalf of an archivist.]

62 Representation of certain artistic works on public display.E+W+S+N.I.

(1)This section applies to—

(a)buildings, and

(b)sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2)The copyright in such a work is not infringed by—

(a)making a graphic work representing it,

(b)making a photograph or film of it, or

(c)[F156making a broadcast of] a visual image of it.

(3)Nor is the copyright infringed by the issue to the public of copies, or the [F157communication to the public], of anything whose making was, by virtue of this section, not an infringement of the copyright.

Annotations:

Amendments (Textual)

63 Advertisement of sale of artistic work.E+W+S+N.I.

(1)It is not an infringement of copyright in an artistic work to copy it, or to issue copies to the public, for the purpose of advertising the sale of the work.

(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.

For this purpose “dealt with” means sold or let for hire, offered or exposed for sale or hire, exhibited in public [F158, distributed or communicated to the public].

Annotations:

Amendments (Textual)

64 Making of subsequent works by same artist.E+W+S+N.I.

Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by copying the work in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.

65 Reconstruction of buildings.E+W+S+N.I.

Anything done for the purposes of reconstructing a building does not infringe any copyright—

(a)in the building, or

(b)in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

F159 [ Miscellaneous: lending of works and playing of sound recordings ] E+W+S+N.I.

Annotations:

Amendments (Textual)

F159S. 66 and crossheading substituted (1.12.1996) by S.I. 1996/2967, reg. 11(3) (with Pt. III)

66[F160 Lending to public of copies of certain works.]E+W+S+N.I.

(1)The Secretary of State may by order provide that in such cases as may be specified in the order the lending to the public of copies of literary, dramatic, musical or artistic works, sound recordings or films shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal.

(2)No such order shall apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.

(3)An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies lent, the lender or the circumstances of the lending.

(4)An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(5)Nothing in this section affects any liability under section 23 (secondary infringement: possessing or dealing with infringing copy) in respect of the lending of infringing copies.

Annotations:

Amendments (Textual)

F160S. 66 substituted (1.12.1996) by S.I. 1996/2967, reg. 11(3) (with Pt. III)

[F161MISCellaneous: films and sound recordings]E+W+S+N.I.

Annotations:

Amendments (Textual)

F161S. 66A and crossheading inserted (1.1.1996) by S.I. 1995/3297, reg. 6(2) (with Pt. III)

66A[F162 Films: acts permitted on assumptions as to expiry of copyright, &c.]E+W+S+N.I.

(1)Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—

(a)it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in section 13B(2)(a) to (d) (persons by reference to whose life the copyright period is ascertained), and

(b)it is reasonable to assume—

(i)that copyright has expired, or

(ii)that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2)Subsection (1)(b)(ii) does not apply in relation to—

(a)a film in which Crown copyright subsists, or

(b)a film in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than 70 years.

Annotations:

Amendments (Textual)

F162S. 66A inserted (1.1.1996) by S.I. 1995/3297, reg. 6(2) (with Pt. III)

67 Playing of sound recordings for purposes of club, society, &c.E+W+S+N.I.

F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Miscellaneous: broadcasts F164. . . E+W+S+N.I.

Annotations:

Amendments (Textual)

F164Words in heading before s. 68 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 32, 33)

68 Incidental recording for purposes of broadcast F165. . . .E+W+S+N.I.

(1)This section applies where by virtue of a licence or assignment of copyright a person is authorised to broadcast F166. . . —

(a)a literary, dramatic or musical work, or an adaptation of such a work,

(b)an artistic work, or

(c)a sound recording or film.

(2)He shall by virtue of this section be treated as licensed by the owner of the copyright in the work to do or authorise any of the following for the purposes of the broadcast F166. . . —

(a)in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;

(b)in the case of an artistic work, to take a photograph or make a film of the work;

(c)in the case of a sound recording or film, to make a copy of it.

(3)That licence is subject to the condition that the recording, film, photograph or copy in question—

(a)shall not be used for any other purpose, and

(b)shall be destroyed within 28 days of being first used for broadcasting the work F166. . . .

(4)A recording, film, photograph or copy made in accordance with this section shall be treated as an infringing copy—

(a)for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and

(b)for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.

Annotations:

Amendments (Textual)

F166Words in s. 68(1)(2)(3)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)

69 Recording for purposes of supervision and control of broadcasts and [F167other services].E+W+S+N.I.

(1)Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them [F168or included in any on-demand programme service provided by them], of recordings of those programmes.

F169 [F170( 2 )Copyright is not infringed by anything done in pursuance of—

[F171(a)section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;]

(b) a condition which, [F172 by virtue of section 334(1) of the Communications Act 2003 ] , is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; F173 . . .

(c) a direction given under section 109(2) of the Broadcasting Act 1990 (power of [F174OFCOM] to require production of recordings etc ).

[F175(d)section 334(3) [F176, 368O(1) or (3)] of the Communications Act 2003.]

[F170(3) Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—

(a)any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(b)any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.]]

(4)In subsection (3), “existing material” means—

(a)any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and

(b)any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.

[F177(5)Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.

(6) In this section “ on-demand programme service ” has the same meaning as in the Communications Act 2003 (see section 368A of that Act). ]

Annotations:

Amendments (Textual)

F169S. 69(2)(3) substituted (1.10.1996 for specified purposes and otherwise 1.4.1997) by 1996 c. 55, s. 148(1), Sch. 10 Pt. III para. 31 (with s. 43(6)); S.I. 1996/2120, art. 4, Sch. 1; S.I. 1997/1005, art. 4

F170S. 69(3)(4) substituted (29.12.2003) for s. 69(3) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(3) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

F172Words in s. 69(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

F173Word in s. 69(2)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

F174Words in s. 69(2)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(c) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

Modifications etc. (not altering text)

70 Recording for purposes of time-shifting.E+W+S+N.I.

[F178(1)]The making [F179 in domestic premises] for private and domestic use of a recording of a broadcast F180. . . solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast F180. . . or in any work included in it.

[F181(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—

(a)it shall be treated as an infringing copy for the purposes of that dealing; and

(b)if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.

(3) In subsection (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public. ]

[F18271Photographs of broadcastsE+W+S+N.I.

(1)The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any copyright in the broadcast or in any film included in it.

(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—

(a)it shall be treated as an infringing copy for the purposes of that dealing; and

(b)if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.

(3) In subsection (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public. ]

Annotations:

Amendments (Textual)

72 Free public showing or playing of broadcast F183. . . .E+W+S+N.I.

(1)The showing or playing in public of a broadcast F184. . . to an audience who have not paid for admission to the place where the broadcast F184. . . is to be seen or heard does not infringe any copyright in—

[F185(a)the broadcast; [F186or]

(b)any sound recording (except so far as it is an excepted sound recording) included in it F187...

F188(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F189(1A)For the purposes of this Part an “excepted sound recording” is a sound recording—

(a)whose author is not the author of the broadcast in which it is included; and

(b)which is a recording of music with or without words spoken or sung.

(1B)Where by virtue of subsection (1) the copyright in a broadcast shown or played in public is not infringed, copyright in any [F190film or] excepted sound recording included in it is not infringed if the playing or showing of that broadcast in public—

(a)F191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is necessary for the purposes of—

(i)repairing equipment for the reception of broadcasts;

(ii)demonstrating that a repair to such equipment has been carried out; or

(iii)demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.]

(2)The audience shall be treated as having paid for admission to a place—

(a)if they have paid for admission to a place of which that place forms part; or

(b)if goods or services are supplied at that place (or a place of which it forms part)—

(i)at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F192. . . , or

(ii)at prices exceeding those usually charged there and which are partly attributable to those facilities.

(3)The following shall not be regarded as having paid for admission to a place—

(a)persons admitted as residents or inmates of the place;

(b)persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F193. . . is only incidental to the main purposes of the club or society.

(4)Where the making of the broadcast F194. . . was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast F194. . . shall be taken into account in assessing the damages for that infringement.

Annotations:

Amendments (Textual)

F185S. 72(1)(a)-(c) substituted (31.10.2003) for s. 72(1)(a)(b) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(1)(a) (with regs. 31-40)

F19573 Reception and re-transmission of wireless broadcast by cable.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F19673A Royalty or other sum payable in pursuance of section 73(4).E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F19774

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19875Recording of broadcast for archival purposesE+W+S+N.I.

(1)A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any copyright in the broadcast or in any work included in it.

(2)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

AdaptationsE+W+S+N.I.

76 Adaptations.E+W+S+N.I.

An act which by virtue of this Chapter may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.

[F199CHAPTER 3AE+W+S+N.I.CERTAIN PERMITTED USES OF ORPHAN WORKS

76ACertain permitted uses of orphan worksE+W+S+N.I.

Schedule ZA1 makes provision about the use by relevant bodies of orphan works.]

Chapter IVE+W+S+N.I. Moral Rights

Right to be identified as author or directorE+W+S+N.I.

77 Right to be identified as author or director.E+W+S+N.I.

(1)The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 78.

(2)The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever—

(a)the work is published commercially, performed in public [F200or communicated to the public]; or

(b)copies of a film or sound recording including the work are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(3)The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever—

(a)the work is published commercially;

(b)copies of a sound recording of the work are issued to the public; or

(c)a film of which the sound-track includes the work is shown in public or copies of such a film are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(4)The author of an artistic work has the right to be identified whenever—

(a)the work is published commercially or exhibited in public, or a visual image of it is [F201communicated to the public];

(b)a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or

(c)in the case 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, copies of a graphic work representing it, or of a photograph of it, are issued to the public.

(5)The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.

(6)The director of a film has the right to be identified whenever the film is shown in public [F200or communicated to the public] or copies of the film are issued to the public.

(7)The right of the author or director under this section is—

(a)in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy,

(b)in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and

(c)in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, showing [F202or communication to the public] in question;

and the identification must in each case be clear and reasonably prominent.

(8)If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used.

(9)This section has effect subject to section 79 (exceptions to right).

78 Requirement that right be asserted.E+W+S+N.I.

(1)A person does not infringe the right conferred by section 77 (right to be identified as author or director) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act.

(2)The right may be asserted generally, or in relation to any specified act or description of acts—

(a)on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his right to be identified, or

(b)by instrument in writing signed by the author or director.

(3)The right may also be asserted in relation to the public exhibition of an artistic work—

(a)by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or under his direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached, or

(b)by including in a licence by which the author or other first owner of copyright authorises the making of copies of the work a statement signed by or on behalf of the person granting the licence that the author asserts his right to be identified in the event of the public exhibition of a copy made in pursuance of the licence.

(4)The persons bound by an assertion of the right under subsection (2) or (3) are—

(a)in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through him, whether or not he has notice of the assertion;

(b)in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought;

(c)in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible;

(d)in the case of an assertion under subsection (3)(b), the licensee and anyone into whose hands a copy made in pursuance of the licence comes, whether or not he has notice of the assertion.

(5)In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.

79 Exceptions to right.E+W+S+N.I.

(1)The right conferred by section 77 (right to be identified as author or director) is subject to the following exceptions.

(2)The right does not apply in relation to the following descriptions of work—

(a)a computer program;

(b)the design of a typeface;

(c)any computer-generated work.

(3)The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally [F203 vested in the author’s or director’s employer by virtue of section 11(2) (works produced in the course of employment).]

(4)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—

(a)section 30 (fair dealing for certain purposes), so far as it relates to the reporting of current events by means of a sound recording, film [F204or broadcast];

(b)section 31 (incidental inclusion of work in an artistic work, sound recording, film [F204or broadcast]);

F205(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 45 (parliamentary and judicial proceedings);

(e)section 46(1) or (2) (Royal Commissions and statutory inquiries);

(f)section 51 (use of design documents and models);

F206(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)[F207section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)];

[F208(4A)The right is also not infringed by any act done for the purposes of an examination which by virtue of any provision of Chapter 3 of Part 1 would not infringe copyright.]

(5)The right does not apply in relation to any work made for the purpose of reporting current events.

(6)The right does not apply in relation to the publication in—

(a)a newspaper, magazine or similar periodical, or

(b)an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

(7)The right does not apply in relation to—

(a)a work in which Crown copyright or Parliamentary copyright subsists, or

(b)a work in which copyright originally vested in an international organisation by virtue of section 168,

unless the author or director has previously been identified as such in or on published copies of the work.

Right to object to derogatory treatment of workE+W+S+N.I.

80 Right to object to derogatory treatment of work.E+W+S+N.I.

(1)The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.

(2)For the purposes of this section—

(a)treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than—

(i)a translation of a literary or dramatic work, or

(ii)an arrangement or transcription of a musical work involving no more than a change of key or register; and

(b)the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;

and in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.

(3)In the case of a literary, dramatic or musical work the right is infringed by a person who—

(a)publishes commercially, performs in public [F209or communicates to the public] a derogatory treatment of the work; or

(b)issues to the public copies of a film or sound recording of, or including, a derogatory treatment of the work.

(4)In the case of an artistic work the right is infringed by a person who—

(a)publishes commercially or exhibits in public a derogatory treatment of the work, [F210or communicates to the public] a visual image of a derogatory treatment of the work,

(b)shows in public a film including a visual image of a derogatory treatment of the work or issues to the public copies of such a film, or

(c)in the case of—

(i)a work of architecture in the form of a model for a building,

(ii)a sculpture, or

(iii)a work of artistic craftsmanship,

issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

(5)Subsection (4) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment he has the right to require the identification to be removed.

(6)In the case of a film, the right is infringed by a person who—

(a)shows in public [F209or communicates to the public] a derogatory treatment of the film; or

(b)issues to the public copies of a derogatory treatment of the film,

F211. . .

(7)The right conferred by this section extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

(8)This section has effect subject to sections 81 and 82 (exceptions to and qualifications of right).

Annotations:

Amendments (Textual)

F211Words in s. 80(6) omitted (1.1.1996) by virtue of S.I. 1995/3297, reg. 9(2) (with Pt. III)

81 Exceptions to right.E+W+S+N.I.

(1)The right conferred by section 80 (right to object to derogatory treatment of work) is subject to the following exceptions.

(2)The right does not apply to a computer program or to any computer-generated work.

(3)The right does not apply in relation to any work made for the purpose of reporting current events.

(4)The right does not apply in relation to the publication in—

(a)a newspaper, magazine or similar periodical, or

(b)an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.

(5)The right is not infringed by an act which by virtue of [F212section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)] would not infringe copyright.

(6)The right is not infringed by anything done for the purpose of—

(a)avoiding the commission of an offence,

(b)complying with a duty imposed by or under an enactment, or

(c)in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,

provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.

Annotations:

Amendments (Textual)

F212Words in s. 81(5) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)

82 Qualification of right in certain cases.E+W+S+N.I.

(1)This section applies to—

(a)works in which copyright originally vested in the author’s [F213 or director's] employer by virtue of section 11(2) (works produced in course of employment) F214. . .

(b)works in which Crown copyright or Parliamentary copyright subsists, and

(c)works in which copyright originally vested in an international organisation by virtue of section 168.

(2)The right conferred by section 80 (right to object to derogatory treatment of work) does not apply to anything done in relation to such a work by or with the authority of the copyright owner unless the author or director—

(a)is identified at the time of the relevant act, or

(b)has previously been identified in or on published copies of the work;

and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.

Annotations:

Amendments (Textual)

83 Infringement of right by possessing or dealing with infringing article.E+W+S+N.I.

(1)The right conferred by section 80 (right to object to derogatory treatment of work) is also infringed by a person who—

(a)possesses in the course of a business, or

(b)sells or lets for hire, or offers or exposes for sale or hire, or

(c)in the course of a business exhibits in public or distributes, or

(d)distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,

an article which is, and which he knows or has reason to believe is, an infringing article.

(2)An “infringing article” means a work or a copy of a work which—

(a)has been subjected to derogatory treatment within the meaning of section 80, and

(b)has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right.

False attribution of workE+W+S+N.I.

84 False attribution of work.E+W+S+N.I.

(1)A person has the right in the circumstances mentioned in this section—

(a)not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, and

(b)not to have a film falsely attributed to him as director;

and in this section an “attribution”, in relation to such a work, means a statement (express or implied) as to who is the author or director.

(2)The right is infringed by a person who—

(a)issues to the public copies of a work of any of those descriptions in or on which there is a false attribution, or

(b)exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution.

(3)The right is also infringed by a person who—

(a)in the case of a literary, dramatic or musical work, performs the work in public [F215or communicates it to the public] as being the work of a person, or

(b)in the case of a film, shows it in public [F215or communicates it to the public] as being directed by a person,

knowing or having reason to believe that the attribution is false.

(4)The right is also infringed by the issue to the public or public display of material containing a false attribution in connection with any of the acts mentioned in subsection (2) or (3).

(5)The right is also infringed by a person who in the course of a business—

(a)possesses or deals with a copy of a work of any of the descriptions mentioned in subsection (1) in or on which there is a false attribution, or

(b)in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,

knowing or having reason to believe that there is such an attribution and that it is false.

(6)In the case of an artistic work the right is also infringed by a person who in the course of a business—

(a)deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author, or

(b)deals with a copy of such a work as being a copy of the unaltered work of the author,

knowing or having reason to believe that that is not the case.

(7)References in this section to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, or distributing.

(8)This section applies where, contrary to the fact—

(a)a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person, or

(b)a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,

as it applies where the work is falsely attributed to a person as author.

Annotations:

Amendments (Textual)

Right to privacy of certain photographs and filmsE+W+S+N.I.

85 Right to privacy of certain photographs and films.E+W+S+N.I.

(1)A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have—

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

(c) the work [F216communicated to the public];

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

(2)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—

(a)section 31 (incidental inclusion of work in an artistic work, film [F217or broadcast]);

(b)section 45 (parliamentary and judicial proceedings);

(c)section 46 (Royal Commissions and statutory inquiries);

(d)section 50 (acts done under statutory authority);

(e)[F218section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)].

Annotations:

Amendments (Textual)

F218Words in s. 85(2) substituted (1.1.1996) by S.I. 1995/3297, reg. 6(3) (with Pt. III)

SupplementaryE+W+S+N.I.

86 Duration of rights.E+W+S+N.I.

(1)The rights conferred by section 77 (right to be identified as author or director), section 80 (right to object to derogatory treatment of work) and section 85 (right to privacy of certain photographs and films) continue to subsist so long as copyright subsists in the work.

(2)The right conferred by section 84 (false attribution) continues to subsist until 20 years after a person’s death.

87 Consent and waiver of rights.E+W+S+N.I.

(1)It is not an infringement of any of the rights conferred by this Chapter to do any act to which the person entitled to the right has consented.

(2)Any of those rights may be waived by instrument in writing signed by the person giving up the right.

(3)A waiver—

(a)may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and

(b)may be conditional or unconditional and may be expressed to be subject to revocation;

and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed.

(4)Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights mentioned in subsection (1).

88 Application of provisions to joint works.E+W+S+N.I.

(1)The right conferred by section 77 (right to be identified as author or director) is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with section 78 by each joint author in relation to himself.

(2)The right conferred by section 80 (right to object to derogatory treatment of work) is, in the case of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the treatment in question.

(3)A waiver under section 87 of those rights by one joint author does not affect the rights of the other joint authors.

(4)The right conferred by section 84 (false attribution) is infringed, in the circumstances mentioned in that section—

(a)by any false statement as to the authorship of a work of joint authorship, and

(b)by the false attribution of joint authorship in relation to a work of sole authorship;

and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.

(5)The above provisions also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.

A film is “jointly directed” if it is made by the collaboration of two or more directors and the contribution of each director is not distinct from that of the other director or directors.

(6)The right conferred by section 85 (right to privacy of certain photographs and films) is, in the case of a work made in pursuance of a joint commission, a right of each person who commissioned the making of the work, so that—

(a)the right of each is satisfied if he consents to the act in question, and

(b)a waiver under section 87 by one of them does not affect the rights of the others.

89 Application of provisions to parts of works.E+W+S+N.I.

(1)The rights conferred by section 77 (right to be identified as author or director) and section 85 (right to privacy of certain photographs and films) apply in relation to the whole or any substantial part of a work.

(2)The rights conferred by section 80 (right to object to derogatory treatment of work) and section 84 (false attribution) apply in relation to the whole or any part of a work.

Chapter VE+W+S+N.I. Dealings with Rights in Copyright Works

Annotations:

Modifications etc. (not altering text)

C39Pt. I Ch. V (ss. 90-95) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)

CopyrightE+W+S+N.I.

90 Assignment and licences.E+W+S+N.I.

(1)Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.

(2)An assignment or other transmission of copyright may be partial, that is, limited so as to apply—

(a)to one or more, but not all, of the things the copyright owner has the exclusive right to do;

(b)to part, but not the whole, of the period for which the copyright is to subsist.

(3)An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.

(4)A licence granted by a copyright owner is binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.

Annotations:

Modifications etc. (not altering text)

C40Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

91 Prospective ownership of copyright.E+W+S+N.I.

(1)Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection.

(2)In this Part—

(3)A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.

Annotations:

Modifications etc. (not altering text)

C41Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

92 Exclusive licences.E+W+S+N.I.

(1)In this Part an “exclusive licence” means a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner.

(2)The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.

Annotations:

Modifications etc. (not altering text)

C42Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

93 Copyright to pass under will with unpublished work.E+W+S+N.I.

Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to—

(a)an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator, or

(b)an original material thing containing a sound recording or film which was not published before the death of the testator,

the bequest shall, unless a contrary intention is indicated in the testator’s will or a codicil to it, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Annotations:

Modifications etc. (not altering text)

C43Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

[F21993A Presumption of transfer of rental right in case of film production agreement.E+W+S+N.I.

(1)Where an agreement concerning film production is concluded between an author and a film producer, the author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the author’s work in the film.

(2)In this section “author” means an author, or prospective author, of a literary, dramatic, musical or artistic work.

(3)Subsection (1) does not apply to any rental right in relation to the film arising by virtue of the inclusion in the film of the screenplay, the dialogue or music specifically created for and used in the film.

(4)Where this section applies, the absence of signature by or on behalf of the author does not exclude the operation of section 91(1) (effect of purported assignment of future copyright).

(5)The reference in subsection (1) to an agreement concluded between an author and a film producer includes any agreement having effect between those persons, whether made by them directly or through intermediaries.

(6)Section 93B (right to equitable remuneration on transfer of rental right) applies where there is a presumed transfer by virtue of this section as in the case of an actual transfer.]

Annotations:

Amendments (Textual)

F219S. 93A inserted (1.12.1996) by S.I. 1996/2967, reg. 12 (with Pt. III)

Modifications etc. (not altering text)

C44S. 93A applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 32(1) (with Pt. III)

F220[Right to equitable remuneration where rental right transferredE+W+S+N.I.

Annotations:

Amendments (Textual)

F220S. 93B and crossheading inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)

F22193B Right to equitable remuneration where rental right transferred.E+W+S+N.I.

(1)Where an author to whom this section applies has transferred his rental right concerning a sound recording or a film to the producer of the sound recording or film, he retains the right to equitable remuneration for the rental.

The authors to whom this section applies are—

(a)the author of a literary, dramatic, musical or artistic work, and

(b)the principal director of a film.

(2)The right to equitable remuneration under this section may not be assigned by the author except to a collecting society for the purpose of enabling it to enforce the right on his behalf.

The right is, however, transmissible by testamentary disposition or by operation of law as personal or moveable property; and it may be assigned or further transmitted by any person into whose hands it passes.

(3)Equitable remuneration under this section is payable by the person for the time being entitled to the rental right, that is, the person to whom the right was transferred or any successor in title of his.

(4)The amount payable by way of equitable remuneration is as agreed by or on behalf of the persons by and to whom it is payable, subject to section 93C (reference of amount to Copyright Tribunal).

(5)An agreement is of no effect in so far as it purports to exclude or restrict the right to equitable remuneration under this section.

(6)References in this section to the transfer of rental right by one person to another include any arrangement having that effect, whether made by them directly or through intermediaries.

(7)In this section a “collecting society” means a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration under this section on behalf of more than one author.

Annotations:

Amendments (Textual)

F221S. 93B inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)

Modifications etc. (not altering text)

C45S. 93B applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 32(2) (with Pt. III)

C46S. 93B restricted (1.12.1996) by S.I. 1996/2967, reg. 33 (with Pt. III)

F22293C Equitable remuneration: reference of amount to Copyright Tribunal.E+W+S+N.I.

(1)In default of agreement as to the amount payable by way of equitable remuneration under section 93B, the person by or to whom it is payable may apply to the Copyright Tribunal to determine the amount payable.

(2)A person to or by whom equitable remuneration is payable under that section may also apply to the Copyright Tribunal—

(a)to vary any agreement as to the amount payable, or

(b)to vary any previous determination of the Tribunal as to that matter; but except with the special leave of the Tribunal no such application may be made within twelve months from the date of a previous determination.

An order made on an application under this subsection has effect from the date on which it is made or such later date as may be specified by the Tribunal.

(3)On an application under this section the Tribunal shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as it may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the author to the film or sound recording.

(4)Remuneration shall not be considered inequitable merely because it was paid by way of a single payment or at the time of the transfer of the rental right.

(5)An agreement is of no effect in so far as it purports to prevent a person questioning the amount of equitable remuneration or to restrict the powers of the Copyright Tribunal under this section.]

Annotations:

Amendments (Textual)

F222S. 93C inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)

Moral rightsE+W+S+N.I.

94 Moral rights not assignable.E+W+S+N.I.

The rights conferred by Chapter IV (moral rights) are not assignable.

95 Transmission of moral rights on death.E+W+S+N.I.

(1)On the death of a person entitled to the right conferred by section 77 (right to identification of author or director), section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films)—

(a)the right passes to such person as he may by testamentary disposition specifically direct,

(b)if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom the copyright passes, and

(c)if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by his personal representatives.

(2)Where copyright forming part of a person’s estate passes in part to one person and in part to another, as for example where a bequest is limited so as to apply—

(a)to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorise, or

(b)to part, but not the whole, of the period for which the copyright is to subsist,

any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.

(3)Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person—

(a)it may, in the case of the right conferred by section 77 (right to identification of author or director), be asserted by any of them;

(b)it is, in the case of the right conferred by section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question; and

(c)any waiver of the right in accordance with section 87 by one of them does not affect the rights of the others.

(4)A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1).

(5)Any infringement after a person’s death of the right conferred by section 84 (false attribution) is actionable by his personal representatives.

(6)Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.

Chapter VIE+W+S+N.I. Remedies for Infringement

Annotations:

Modifications etc. (not altering text)

C47Pt. I Ch. VI (ss. 96-115) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17 (with Pt. III)

Rights and remedies of copyright ownerE+W+S+N.I.

96 Infringement actionable by copyright owner.E+W+S+N.I.

(1)An infringement of copyright is actionable by the copyright owner.

(2)In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.

(3)This section has effect subject to the following provisions of this Chapter.

Annotations:

Modifications etc. (not altering text)

C48Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

97 Provisions as to damages in infringement action.E+W+S+N.I.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

(2)The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—

(a)the flagrancy of the infringement, and

(b)any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

Annotations:

Modifications etc. (not altering text)

C49Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

[F22397AInjunctions against service providersE+W+S+N.I.

(1)The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.

(2)In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—

(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and

(b)the extent to which any notice includes—

(i)the full name and address of the sender of the notice;

(ii)details of the infringement in question.

(3) In this section “ service provider ” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002. ]

Annotations:

Amendments (Textual)

98 Undertaking to take licence of right in infringement proceedings.E+W+S+N.I.

(1)If in proceedings for infringement of copyright in respect of which a licence is available as of right under section 144 (powers exercisable in consequence of report of [F224Competition and Markets Authority]) the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Copyright Tribunal under that section—

(a)no injunction shall be granted against him,

(b)no order for delivery up shall be made under section 99, and

(c)the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.

(2)An undertaking may be given at any time before final order in the proceedings, without any admission of liability.

(3)Nothing in this section affects the remedies available in respect of an infringement committed before licences of right were available.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C50Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

99 Order for delivery up.E+W+S+N.I.

(1)Where a person—

(a)has an infringing copy of a work in his possession, custody or control in the course of a business, or

(b)has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,

the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.

(2)An application shall not be made after the end of the period specified in section 113 (period after which remedy of delivery up not available); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 114 (order as to disposal of infringing copy or other article).

(3)A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section 114 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.

(4)Nothing in this section affects any other power of the court.

Annotations:

Modifications etc. (not altering text)

C51S. 99 extended by S.I. 1991/724, art. 2(1)(n)

100 Right to seize infringing copies and other articles.E+W+S+N.I.

(1)An infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 99, may be seized and detained by him or a person authorised by him.

The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 114.

(2)Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station.

(3)A person may for the purpose of exercising the right conferred by this section enter premises to which the public have access but may not seize anything in the possession, custody or control of a person at a permanent or regular place of business of his, and may not use any force.

(4)At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made.

(5)In this section—

premises” includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft; and “prescribed” means prescribed by order of the Secretary of State.

(6)An order of the Secretary of State 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.

Rights and remedies of exclusive licenseeE+W+S+N.I.

101 Rights and remedies of exclusive licensee.E+W+S+N.I.

(1)An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.

(2)His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.

(3)In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.

Annotations:

Modifications etc. (not altering text)

C52Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

[F225101ACertain infringements actionable by a non-exclusive licenseeE+W+S+N.I.

(1)A non-exclusive licensee may bring an action for infringement of copyright if—

(a)the infringing act was directly connected to a prior licensed act of the licensee; and

(b)the licence—

(i)is in writing and is signed by or on behalf of the copyright owner; and

(ii)expressly grants the non-exclusive licensee a right of action under this section.

(2)In an action brought under this section, the non-exclusive licensee shall have the same rights and remedies available to him as the copyright owner would have had if he had brought the action.

(3)The rights granted under this section are concurrent with those of the copyright owner and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.

(4)In an action brought by a non-exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.

(5)Subsections (1) to (4) of section 102 shall apply to a non-exclusive licensee who has a right of action by virtue of this section as it applies to an exclusive licensee.

(6) In this section a “ non-exclusive licensee ” means the holder of a licence authorising the licensee to exercise a right which remains exercisable by the copyright owner. ]

Annotations:

Amendments (Textual)

102 Exercise of concurrent rights.E+W+S+N.I.

(1)Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.

(2)A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.

(3)The above provisions do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.

(4)Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—

(a)the court shall in assessing damages take into account—

(i)the terms of the licence, and

(ii)any pecuniary remedy already awarded or available to either of them in respect of the infringement;

(b)no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and

(c)the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;

and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.

(5)The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 99 (order for delivery up) or exercising the right conferred by section 100 (right of seizure); and the court may on the application of the licensee make such order under section 99 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 100, as it thinks fit having regard to the terms of the licence.

Annotations:

Modifications etc. (not altering text)

C53Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)

C54S. 102(5) extended by S.I.1991/724, art. 2(1)(n)

Remedies for infringement of moral rightsE+W+S+N.I.

103 Remedies for infringement of moral rights.E+W+S+N.I.

(1)An infringement of a right conferred by Chapter IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.

(2)In proceedings for infringement of the right conferred by section 80 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.

PresumptionsE+W+S+N.I.

104 Presumptions relevant to literary, dramatic, musical and artistic works.E+W+S+N.I.

(1)The following presumptions apply in proceedings brought by virtue of this Chapter with respect to a literary, dramatic, musical or artistic work.

(2)Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared shall be presumed, until the contrary is proved—

(a)to be the author of the work;

(b)to have made it in circumstances not falling within section 11(2), 163, 165 or 168 (works produced in course of employment, Crown copyright, Parliamentary copyright or copyright of certain international organisations).

(3)In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.

(4)Where no name purporting to be that of the author appeared as mentioned in subsection (2) but—

(a)the work qualifies for copyright protection by virtue of section 155 (qualification by reference to country of first publication), and

(b)a name purporting to be that of the publisher appeared on copies of the work as first published,

the person whose name appeared shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.

(5)If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, in the absence of evidence to the contrary—

(a)that the work is an original work, and

(b)that the plaintiff’s allegations as to what was the first publication of the work and as to the country of first publication are correct.

105 Presumptions relevant to sound recordings and films.E+W+S+N.I.

(1)In proceedings brought by virtue of this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating—

(a)that a named person was the owner of copyright in the recording at the date of issue of the copies, or

(b)that the recording was first published in a specified year or in a specified country,

the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(2)In proceedings brought by virtue of this Chapter with respect to a film, where copies of the film as issued to the public bear a statement—

(a)that a named person was the [F226director or producer] of the film,

F227[(aa)that a named person was the principal director, the author of the screenplay, the author of the dialogue or the composer of music specifically created for and used in the film,]

(b)that a named person was the owner of copyright in the film at the date of issue of the copies, or

(c)that the film was first published in a specified year or in a specified country,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(3)In proceedings brought by virtue of this Chapter with respect to a computer program, where copies of the program are issued to the public in electronic form bearing a statement—

(a)that a named person was the owner of copyright in the program at the date of issue of the copies, or

(b)that the program was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(4)The above presumptions apply equally in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued to the public.

(5)In proceedings brought by virtue of this Chapter with respect to a film, where the film as shown in public [F228or communicated to the public] bears a statement—

(a)that a named person was the [F226director or producer] of the film, or

F229[(aa)that a named person was the principal director of the film, the author of the screenplay, the author of the dialogue or the composer of music specifically created for and used in the film, or,]

(b)that a named person was the owner of copyright in the film immediately after it was made,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.

F230[(6)For the purposes of this section, a statement that a person was the director of a film shall be taken, unless a contrary indication appears, as meaning that he was the principal director of the film.]

Annotations:

Amendments (Textual)

F226Words in s. 105(2)(a)(5)(a) substituted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(4)(a), 36 (with Pt. III)

F227S. 105(2)(aa) inserted (1.1.1996) by S.I. 1995/3297, Pt. II reg. 5(4) (with Pt. III)

F229S. 105(5)(aa) inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, reg. 18(4)(b) (with Pt. III)

F230S. 105(6) added (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, reg. 18(4)(c) (with Pt. III)

106 Presumptions relevant to works subject to Crown copyright.E+W+S+N.I.

In proceedings brought by virtue of this Chapter with respect to a literary, dramatic or musical work in which Crown copyright subsists, where there appears on printed copies of the work a statement of the year in which the work was first published commercially, that statement shall be admissible as evidence of the fact stated and shall be presumed to be correct in the absence of evidence to the contrary.

OffencesE+W+S+N.I.

107 Criminal liability for making or dealing with infringing articles, &c.E+W+S+N.I.

(1)A person commits an offence who, without the licence of the copyright owner—

(a)makes for sale or hire, or

(b)imports into the United Kingdom otherwise than for his private and domestic use, or

(c)possesses in the course of a business with a view to committing any act infringing the copyright, or

(d)in the course of a business —

(i)sells or lets for hire, or

(ii)offers or exposes for sale or hire, or

(iii)exhibits in public, or

(iv)distributes, or

(e)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.

(2)A person commits an offence who—

(a)makes an article specifically designed or adapted for making copies of a particular copyright work, or

(b)has such an article in his possession,

knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.

[F231(2A)A person who infringes copyright in a work by communicating the work to the public—

(a)in the course of a business, or

(b)otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work.]

(3)Where copyright is infringed (otherwise than by reception of a [F232communication to the public])—

(a)by the public performance of a literary, dramatic or musical work, or

(b)by the playing or showing in public of a sound recording or film,

any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.

(4)A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable—

(a)on summary conviction to imprisonment for a term not exceeding six months or [F233a fine], or both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding [F234ten] years, or both.

[F235(4A)A person guilty of an offence under subsection (2A) is liable—

(a)on summary conviction to imprisonment for a term not exceeding three months or [F236a fine], or both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.]

(5)A person guilty of any other offence under this section is liable on summary conviction to imprisonment for a term not exceeding [F237three] months or a fine not exceeding level 5 on the standard scale, or both.

(6)Sections 104 to 106 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section; but without prejudice to their application in proceedings for an order under section 108 below.

[F238107A Enforcement by local weights and measures authority.E+W+S+N.I.

(1)It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107.

F239(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.

F240...

[F241(3A)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.]

(4)Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.

(5)Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.]

Annotations:

Amendments (Textual)

F238S. 107A inserted (6.4.2007) by 1994 c. 33, ss. 165(2), 172(2); S.I. 2007/621, art. 2

F240Words in s. 107A(3) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 49(3); S.I. 2015/1630, art. 3(i) (with art. 8)

108 Order for delivery up in criminal proceedings.E+W+S+N.I.

(1)The court before which proceedings are brought against a person for an offence under section 107 may, if satisfied that at the time of his arrest or charge—

(a)he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or

(b)he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,

order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct.

(2)For this purpose a person shall be treated as charged with an offence—

(a)in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;

(b)in Scotland, when he is cautioned, charged or served with a complaint or indictment.

(3)An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made—

(a)after the end of the period specified in section 113 (period after which remedy of delivery up not available), or

(b)if it appears to the court unlikely that any order will be made under section 114 (order as to disposal of infringing copy or other article).

(4)An appeal lies from an order made under this section by a magistrates’ court—

(a)in England and Wales, to the Crown Court, and

(b)in Northern Ireland, to the county court;

and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.

(5)A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, undersection 114.

(6)Nothing in this section affects the powers of the court under [F242section 143 of the Powers of Criminal Courts (Sentencing)Act 2000], [F243Part II of the Proceeds of Crime (Scotland) Act 1995] or [F244Article 11 of the Criminal Justice (Northern Ireland) Order 1994] (general provisions as to forfeiture in criminal proceedings).

Annotations:

Amendments (Textual)

F242Words in s. 108(6) substituted (25.8.2000) by 2000 c. 6, ss. 165(3), 168(1), Sch. 9 para. 115

F243Words in s. 108(6) substituted (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 70(2)

F244Words in s. 108(6) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15), art. 26(1), Sch. 2 para. 13; S.R. 1994/446, art. 2

109 Search warrants.E+W+S+N.I.

(1)Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—

(a)that an offence under [F245section 107(1), (2) or (2A)] has been or is about to be committed in any premises, and

(b)that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the M7Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material).

(3)A warrant under this section—

(a)may authorise persons to accompany any constable executing the warrant, and

(b)remains in force for [F246three months] from the date of its issue.

(4)In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that any offence under [F247section 107(1), (2) or (2A)] has been or is about to be committed.

(5)In this section “premises” includes land, buildings [F248fixed or], moveable structures, vehicles, vessels, aircraft and hovercraft.

Annotations:

Amendments (Textual)

F248Words in s. 109(5) inserted (20.11.2002) by 2002 c. 25, s. 2(2)(c); S.I. 2002/2749, art. 2

Modifications etc. (not altering text)

C55S. 109(4): power of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2) Sch. 1 Pt. 1 para. 48; S.I. 2003/708, art. 2

S. 109(4) modified (E.W.N.I.) (1.4.2003) by 2001 c. 16, ss. 55, 68, 138(2), Sch. 1 Pt. 3 para. 106 (with s. 57(3)); S.I. 2003/708, art. 2

Marginal Citations

110 Offence by body corporate: liability of officers.E+W+S+N.I.

(1)Where an offence under section 107 committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.

Provision for preventing importation of infringing copiesE+W+S+N.I.

111 Infringing copies may be treated as prohibited goods.E+W+S+N.I.

(1)The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Commissioners of Customs and Excise—

(a)that he is the owner of the copyright in the work, and

(b)that he requests the Commissioners, for a period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies.

(2)The period specified in a notice under subsection (1) shall not exceed five years and shall not extend beyond the period for which copyright is to subsist.

(3)The owner of the copyright in a sound recording or film may give notice in writing to the Commissioners of Customs and Excise—

(a)that he is the owner of the copyright in the work,

(b)that infringing copies of the work are expected to arrive in the United Kingdom at a time and a place specified in the notice, and

(c)that he requests the Commissioners to treat the copies as prohibited goods.

F249[F250(3A)The Commissioners may treat as prohibited goods only infringing copies of works which arrive in the United Kingdom—

(a)from outside the European Economic Area, or

(b)from within that Area but not having been entered for free circulation.

[F250(3B)This section does not apply to goods placed in, or expected to be placed in, one of the situations referred to in Article 1(1), in respect of which an application may be made under Article 5(1), of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.]]

(4)When a notice is in force under this section the importation of goods to which the notice relates, otherwise than by a person for his private and domestic use, [F251subject to subsections (3A) and (3B), is prohibited]; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.

Annotations:

Amendments (Textual)

F249S. 111(3A)(3B) inserted (1.7.1995) by S.I. 1995/1445, reg. 2(2)

F251Words in s. 111(4) substituted (1.7.1995) by S.I. 1995/1445, reg. 2(3)

112 Power of Commissioners of Customs and Excise to make regulations.E+W+S+N.I.

(1)The Commissioners of Customs and Excise may make regulations prescribing the form in which notice is to be given under section 111 and requiring a person giving notice—

(a)to furnish the Commissioners with such evidence as may be specified in the regulations, either on giving notice or when the goods are imported, or at both those times, and

(b)to comply with such other conditions as may be specified in the regulations.

(2)The regulations may, in particular, require a person giving such a notice—

(a)to pay such fees in respect of the notice as may be specified by the regulations;

(b)to give such security as may be so specified in respect of any liability or expense which the Commissioners may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained;

(c)to indemnify the Commissioners against any such liability or expense, whether security has been given or not.

(3)The regulations may make different provision as respects different classes of case to which they apply and may include such incidental and supplementary provisions as the Commissioners consider expedient.

(4)Regulations 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.

(5)F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE+W+S+N.I.

113 Period after which remedy of delivery up not available.E+W+S+N.I.

(1)An application for an order under section 99 (order for delivery up in civil proceedings) may not be made after the end of the period of six years from the date on which the infringing copy or article in question was made, subject to the following provisions.

(2)If during the whole or any part of that period the copyright owner—

(a)is under a disability, or

(b)is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

(3)In subsection (2) “disability”—

(a)in England and Wales, has the same meaning as in the M8Limitation Act 1980;

(b)in Scotland, means legal disability within the meaning of the M9Prescription and Limitation (Scotland) Act 1973;

(c)in Northern Ireland, has the same meaning as in the M10Statute of Limitations (Northern Ireland) 1958.

(4)An order under section 108 (order for delivery up in criminal proceedings) shall not, in any case, be made after the end of the period of six years from the date on which the infringing copy or article in question was made.

Annotations:

Marginal Citations

114 Order as to disposal of infringing copy or other article.E+W+S+N.I.

(1)An application may be made to the court for an order that an infringing copy or other article delivered up in pursuance of an order under section 99 or 108, or seized and detained in pursuance of the right conferred by section 100, shall be—

(a)forfeited to the copyright owner, or

(b)destroyed or otherwise dealt with as the court may think fit,

or for a decision that no such order should be made.

(2)In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of copyright would be adequate to compensate the copyright owner and to protect his interests.

(3)Provision shall be made by rules of court as to the service of notice on persons having an interest in the copy or other articles, and any such person is entitled—

(a)to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b)to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(4)Where there is more than one person interested in a copy or other article, the court shall make such order as it thinks just and may (in particular) direct that the article be sold, or otherwise dealt with, and the proceeds divided.

(5)If the court decides that no order should be made under this section, the person in whose possession, custody or control the copy or other article was before being delivered up or seized is entitled to its return.

(6)References in this section to a person having an interest in a copy or other article include any person in whose favour an order could be made in respect of it

[F253(a)under this section or under section 204 or 231 of this Act;

(b)under section 24D of the Registered Designs Act 1949;

(c)under section 19 of Trade Marks Act 1994 (including that section as applied by regulation 4 of the Community Trade Mark Regulations 2006 (SI 2006/1027)); or

(d)under regulation 1C of the Community Design Regulations 2005 (SI 2005/2339).]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C56S. 114 extended by S.I. 1991/724, art. 2(1)(n)

[F254114A Forfeiture of infringing copies, etc.: England and Wales or Northern IrelandE+W+S+N.I.

(1)In England and Wales or Northern Ireland where there have come into the possession of any person in connection with the investigation or prosecution of a relevant offence—

(a)infringing copies of a copyright work, or

(b)articles specifically designed or adapted for making copies of a particular copyright work,

that person may apply under this section for an order for the forfeiture of the infringing copies or articles.

(2)For the purposes of this section “relevant offence” means—

(a)an offence under [F255section 107(1), (2) or (2A)] (criminal liability for making or dealing with infringing articles, etc.),

(b)an offence under the Trade Descriptions Act 1968 (c. 29),

[F256(ba)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or]

(c)an offence involving dishonesty or deception.

(3)An application under this section may be made—

(a)where proceedings have been brought in any court for a relevant offence relating to some or all of the infringing copies or articles, to that court, or

(b)where no application for the forfeiture of the infringing copies or articles has been made under paragraph (a), by way of complaint to a magistrates’ court.

(4)On an application under this section, the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.

(5)A court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(6)Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the Crown Court, or

(b)in Northern Ireland, to the county court.

(7)An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).

(8)Subject to subsection (9), where any infringing copies or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.

(9)On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.]

Annotations:

Amendments (Textual)

F254Ss. 114A, 114B inserted (20.11.2002) by 2002 c. 25, s. 3; S.I. 2002/2749, art. 2

F257114B Forfeiture of infringing copies, etc.: ScotlandE+W+S+N.I.

(1)In Scotland the court may make an order under this section for the forfeiture of any—

(a)infringing copies of a copyright work, or

(b)articles specifically designed or adapted for making copies of a particular copyright work.

(2)An order under this section may be made—

(a)on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or

(b)where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.

(3)On an application under subsection (2)(a), the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.

(4)The court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(5)The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the infringing copies or articles to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.

(6)Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.

(7)Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, infringing copies or articles to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.

(8)The court shall not make an order following an application under subsection (2)(a)—

(a)if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or

(b)if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice.

(9)Where an order for the forfeiture of any infringing copies or articles is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why infringing copies or articles should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.

(10)Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 (c. 46) shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.

(11)An order following an application under subsection (2)(a) shall not take effect—

(a)until the end of the period of 21 days beginning with the day after the day on which the order is made, or

(b)if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned.

(12)An order under subsection (2)(b) shall not take effect—

(a)until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995, or

(b)if an appeal is made within that period, until the appeal is determined or abandoned.

(13)Subject to subsection (14), infringing copies or articles forfeited under this section shall be destroyed in accordance with such directions as the court may give.

(14)On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.

(15)For the purposes of this section—

Annotations:

Amendments (Textual)

F257Ss. 114A, 114B inserted (20.11.2002) by 2002 c. 25, s. 3; S.I. 2002/2749, art. 2

115 Jurisdiction of county court and sheriff court.E+W+S+N.I.

(1)In England [F259and Wales the county court and in] Northern Ireland a county court may entertain proceedings under—

[F260save that, in Northern Ireland, a county court may entertain such proceedings only] where the value of the infringing copies and other articles in question does not exceed the county court limit for actions in tort.

(2)In Scotland proceedings for an order under any of those provisions may be brought in the sheriff court.

(3)Nothing in this section shall be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.

Annotations:

Amendments (Textual)

F259Words in s. 115(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 72; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F260Words in s. 115(1) inserted by S.I. 1991/724, art. 2(8), Schedule Pt. I

Chapter VIIE+W+S+N.I. Copyright Licensing

Annotations:

Modifications etc. (not altering text)

C57Pt. I Ch. VII (ss. 116-144) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)

Licensing schemes and licensing bodiesE+W+S+N.I.

116 Licensing schemes and licensing bodies.E+W+S+N.I.

(1)In this Part a “licensing scheme” means a scheme setting out—

(a)the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences, and

(b)the terms on which licences would be granted in those classes of case;

and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

(2)In this Chapter a “licensing body” means

[F261(a)a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences covering works of more than one author] [F262, or,

(b)any other organisation which is a collective management organisation as defined by regulation 2 of the Collective Management of Copyright (EU Directive) Regulations 2016].

(3)In this section “copyright licences” means licences to do, or authorise the doing of, any of the acts restricted by copyright.

(4)References in this Chapter to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only—

(a)a single collective work or collective works of which the authors are the same, or

(b)works made by, or by employees of or commissioned by, a single individual, firm, company or group of companies.

For this purpose a group of companies means a holding company and its subsidiaries, within the meaning of [F263section 1159 of the Companies Act 2006].

[F264(5)Schedule A1 confers powers to provide for the regulation of licensing bodies.]

[F265Orphan works licensing and extended collective licensingE+W+S+N.I.

Annotations:

Amendments (Textual)

F265Ss. 116A-116D and cross-heading inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 77(3), 103(1)

116APower to provide for licensing of orphan worksE+W+S+N.I.

(1)The Secretary of State may by regulations provide for the grant of licences in respect of works that qualify as orphan works under the regulations.

(2)The regulations may—

(a)specify a person or a description of persons authorised to grant licences, or

(b)provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences

(3)The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations.

(4)The regulations may provide for the granting of licences to do, or authorise the doing of, any act restricted by copyright that would otherwise require the consent of the missing owner.

(5)The regulations must provide for any licence—

(a)to have effect as if granted by the missing owner;

(b)not to give exclusive rights;

(c)not to be granted to a person authorised to grant licences.

(6)The regulations may apply to a work although it is not known whether copyright subsists in it, and references to a missing owner and a right or interest of a missing owner are to be read as including references to a supposed owner and a supposed right or interest.

116BExtended collective licensingE+W+S+N.I.

(1)The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts.

(2)An authorisation must specify—

(a)the types of work to which it applies, and

(b)the acts restricted by copyright that the licensing body is authorised to license.

(3)The regulations must provide for the copyright owner to have a right to limit or exclude the grant of licences by virtue of the regulations.

(4)The regulations must provide for any licence not to give exclusive rights.

(5) In this section “ copyright licences ” has the same meaning as in section 116.

(6)Nothing in this section applies in relation to Crown copyright or Parliamentary copyright.

116CGeneral provision about licensing under sections 116A and 116BE+W+S+N.I.

(1)This section and section 116D apply to regulations under sections 116A and 116B.

(2)The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations.

(3)The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences.

(4)The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including—

(a)the deduction of administrative costs;

(b)the period for which sums must be held;

(c)the treatment of sums after that period (as bona vacantia or otherwise).

(5)The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn.

(6)The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision—

(a)for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a rights owner exercises the right referred to in section 116B(3), while a licence is in force;

(b)about maintenance of registers and access to them;

(c)permitting the use of a work for incidental purposes including an application or search;

(d)for a right conferred by section 77 to be treated as having been asserted in accordance with section 78;

(e)for the payment of fees to cover administrative expenses.

116DRegulations under sections 116A and 116BE+W+S+N.I.

(1)The power to make regulations includes power—

(a)to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;

(b)to make transitional, transitory or saving provision;

(c)to make different provision for different purposes.

(2)