Search Legislation

Digital Economy Act 2010

Status:

This is the original version (as it was originally enacted).

Public lending right

43Public lending right

(1)Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended as follows.

(2)Before the definition of “local library authority” insert—

  • “author”, in relation to a work recorded as a sound recording, includes a producer or narrator;

  • “book” includes—

    (a)

    a work recorded as a sound recording and consisting mainly of spoken words (an “audio-book”), and

    (b)

    a work, other than an audio-book, recorded in electronic form and consisting mainly of (or of any combination of) written or spoken words or still pictures (an “e-book”);

  • “lent out”—

    (a)

    means made available to a member of the public for use away from library premises for a limited time, but

    (b)

    does not include being communicated by means of electronic transmission to a place other than library premises,

    and “loan” and “borrowed” are to be read accordingly;

  • “library premises” has the meaning given in section 8(7) of the Public Libraries and Museums Act 1964;.

(3)After the definition of “prescribed” insert—

  • “producer” has the meaning given in section 178 of the Copyright, Designs and Patents Act 1988;.

(4)At the end of the definition of “the register” omit “and”.

(5)After the definition of “the Registrar” insert—

  • “sound recording” has the meaning given in section 5A(1) of the Copyright, Designs and Patents Act 1988.

(6)The Copyright, Designs and Patents Act 1988 is amended as follows.

(7)In section 40A (permitted acts in relation to copyright works: lending of copies by libraries or archives), for subsection (1) substitute—

(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).

(8)In Schedule 2, in paragraph 6B (permitted acts in relation to performances: lending of copies by libraries or archives)—

(a)at the beginning insert—

(A1)The rights conferred by this Chapter are 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.

(A2)Expressions used in sub-paragraph (A1) have the same meaning as in section 40A(1).;

(b)in sub-paragraph (2), for “this paragraph” substitute “sub-paragraph (1)”.

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources