Part IU.K. Copyright

Modifications etc. (not altering text)

C1Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)

C2Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)

C3Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)

C4Pt. 1 extended (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)

C5Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)

C7Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))

C8Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)

C9Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))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 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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))

C11Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))

C12Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))

C13Pt. 1 extended 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, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))

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 (S.I. 2016/370, arts. 1, 2-40)

C15Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 3, 4, 5)

C16Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 5)

C17Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

Chapter IIIU.K. Acts Permitted in relation to Copyright Works

Libraries and archivesU.K.

[F140A Lending of copies by libraries or archives.U.K.

[F2(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.

[F3(1ZA)Subsection (1) applies to an e-book or an e-audio-book only if—

(a)the book has been lawfully acquired by the library, and

(b)the lending is in compliance with any purchase or licensing terms to which the book is subject.]

(1A)In [F4subsections (1) and (1ZA)]

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

[F5(aa)e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,]

(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 F6 ...library or archive (other than a public library) which is not conducted for profit. ]

Textual Amendments

F1S. 40A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(2) (with Pt. III)

F2S. 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

F3S. 40A(1ZA) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(3), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

F4Words in s. 40A(1A) substituted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(a), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

F5S. 40A(1A)(aa) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(b), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

Modifications etc. (not altering text)

C21S. 40A(2) modified (1.12.1996) by S.I. 1996/2967, reg. 35 (with Pt. III)