Copyright, Designs and Patents Act 1988

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 [F1communicated 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 [F2or 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)[F3section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)].

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Amendments (Textual)

F3Words in s. 85(2) substituted (1.1.1996) by S.I. 1995/3297, reg. 6(3) (with Pt. III)