- Latest available (Revised)
- Original (As enacted)
Copyright, Designs and Patents Act 1988
You are here:
- 1988 c. 48
- Part II
- Chapter 4
- Interpretation
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Copyright, Designs and Patents Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Commencement Orders yet to be applied to the Copyright, Designs and Patents Act 1988:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2011/2196 art. 2 commences (2007 c. 29)
[F1X1 InterpretationE+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Editorial Information
X1The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.
Amendments (Textual)
F1Ss. 206-212 become Pt. 2 Ch. 4 (1.2.2006) by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(7) (with reg. 8)
X2211 Expressions having same meaning as in copyright provisions.E+W+S+N.I.
(1)The following expressions have the same meaning in this Part as in Part I (copyright)—
[F2assignment (in Scotland),]
broadcast,
business,
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5communication to the public,]
country,
defendant (in Scotland),
delivery up (in Scotland),
[F6the EEA,]
[F6EEA state,]
film,
[F7injunction (in Scotland)]
literary work,
published, F8...
[F9signed,]
[F10sound recording, and]
[F11wireless broadcast.]
(2)[F12 The provisions of—
(a)section 5B(2) and (3) (supplementary provisions relating to films), and
(b)section 6(3) to (5A) and section 19(4) (supplementary provisions relating to broadcasting),
apply] for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I and in relation to an infringement of copyright.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Editorial Information
X2The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.
Amendments (Textual)
F2S. 211(1): entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 6(2) (with reg. 8)
F3S. 211(1): entry 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)
F4S. 211(1): entry 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)
F5S. 211(1): entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(5)(a)(i) (with regs. 31-40)
F6S. 211(1): entries relating to "the EEA," and "EEA state," substituted (29.4.2006) for entry relating to "EEA national," by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 12
F7S. 211(1): entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(5)(a)(i) (with regs. 31-40)
F8Word in s. 211(1) 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)
F9S. 211(1): entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 6(2) (with reg. 8)
F10S. 211(1): entry substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), {Sch. 1para. 15(5)(a)(ii)} (with regs. 31-40)
F11S. 211(1): entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(5)(a)(i) (with regs. 31-40)
F12Words in s. 211(2) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 6(3) (with reg. 8)
X3212 Index of defined expressions.E+W+S+N.I.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—
| [F13assignment (in Scotland) | section 211(1) (and section 177);] |
| broadcast (and related expressions) | section 211 (and section 6) |
| business | section 211(1) (and section 178) |
| F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | |
| [F15communication to the public | section 211(1) (and section 20)] |
| [F16consent of performer (in relation to performer’s property rights)] | [F17section 191A(2)] |
| country | section 211(1) (and section 178) |
| defendant (in Scotland) | section 211(1) (and section 177) |
| delivery up (in Scotland) | section 211(1) (and section 177) |
| [F18distribution right] | [F19section 182B(5)] |
| [F20the EEA and EEA state] | [F21section 211(1) (and section 172A)] |
| exclusive recording contract | section 185(1) |
| film | section 211(1) (and [F22section 5B]) |
| [F23group | section 205C(4);] |
| illicit recording | section 197 |
| [F24injunction (in Scotland) | section 211(1) (and section 177)] |
| [F25issue to the public | section 182B;] |
| literary work | section 211(1) (and section 3(1)) |
| [F26lending right] | [F27section 182C(7)] |
| [F28making available right | section 182CA] |
| performance | section 180(2) |
| [F29performer’s non-property rights] | [F30section 192A(1)] |
| [F31performer’s property rights] | [F32section 191A(1)] |
| published | section 211(1) (and section 175) |
| qualifying country | section 206(1) |
| qualifying individual | section 206(1) and (2) |
| qualifying performance | section 181 |
| qualifying person | section 206(1) and (3) |
| recording (of a performance) | section 180(2) |
| recording rights (person having) | section 185(2) and (3) |
| [F33rental right)] | [F34section 182C(7)] |
| [F35reproduction right] | [F36section 182A(3)] |
| [F37rights owner (in relation to performer’s property rights)] | [F38 section 191A(3) and (4).] |
| [F39signed | section 211(1) (and section 176);] |
| sound recording | section 211(1) (and [F40section 5A]). |
| [F41wireless broadcast | section 211(1) (and section 178).]] |
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Editorial Information
X3The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.
Amendments (Textual)
F13S. 212: entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 7 (with reg. 8)
F14S. 212: entry 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)
F15S. 212: entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(6) (with regs. 31-40)
F16Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F17Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F18Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F19Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F20S. 212: words in entry substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 13
F21Words in s. 212 inserted (1.1.1996) by S.I. 1995/3297, reg. 11(4) (with Pt. III)
F22Words in s. 212 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(6)(a) (with Pt. III)
F23S. 212: entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 7 (with reg. 8)
F24S. 212: entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(6) (with regs. 31-40)
F25S. 212: entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 7 (with reg. 8)
F26Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F27Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F28S. 212: entry inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(6) (with regs. 31-40)
F29Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F30Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F31Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F32Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F33Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F34Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F35Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F36Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)
F37Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F38Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)
F39S. 212: entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 7 (with reg. 8)
F40Words in s. 212 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(6)(b) (with Pt. III)
F41S. 212: entry inserted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 7 (with reg. 8)
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Chapter
Print This Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources