Copyright, Designs and Patents Act 1988

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

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

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

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

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

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

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

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

(5) Nothing in subsection (3) shall be construed as applying to an article which may lawfully be imported into the United Kingdom by virtue of any enforceable [F3 EU] right within the meaning of section 2(1) of the M1 European 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 —

• [F4 section 31A(6) and (9) (making a single accessible copy for personal use),]

• section 32(5) (copies made for purposes of instruction or examination),

• section 35(3) (recordings made by educational establishments for educational purposes),

• section 36(5) (reprographic copying by educational establishments for purposes of instruction),

• section 37(3)(b) (copies made by librarian or archivist in reliance on false declaration),

• 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 F5 . . . ),

• [F6 section 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:

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.

Amendments (Textual)

F1 Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F2 S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)

F3 Word substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6

F4 Words in s. 27(6) inserted (31.10.2003) by 2002 c. 33, ss. 7(1), 8(2); S.I. 2003/2499, art. 2

F5 Words in s. 27(6) 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)

F6 S. 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

M1 1972 c. 68.