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The Copyright and Related Rights Regulations 2003

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General provisions

Introductory

30.—(1) In this Part—

“commencement” means the date upon which these regulations come into force;

“extended copyright” means any copyright in sound recordings which subsists by virtue of section 13A of the 1988 Act (as amended by regulation 29) after the date on which it would have expired under the 1988 provisions;

“prospective owner” includes a person who is prospectively entitled to extended copyright in a sound recording by virtue of such an agreement as is mentioned in regulation 37(1);

“the 1988 Act” means the Copyright, Designs and Patents Act 1988; and

“the 1988 provisions” means the provisions of the 1988 Act as they stood immediately before commencement (including the provisions of Schedule 1 to that Act continuing the effect of earlier enactments).

(2) Expressions used in this Part which are defined for the purposes of Part 1 or 2 of the 1988 Act have the same meaning as in that Part.

General rules

31.—(1) Subject to regulation 32, these Regulations apply to—

(a)copyright works made,

(b)performances given,

(c)databases, in which database right vests, made, and

(d)works, in which publication right vests, first published,

before or after commencement.

(2) No act done before commencement shall be regarded as an infringement of any new or extended right arising by virtue of these Regulations.

Savings for certain existing agreements

32.—(1) Nothing in these Regulations affects any agreement made before 22nd December 2002.

(2) No act done after commencement, in pursuance of an agreement made before 22nd December 2002, shall be regarded as an infringement of any new or extended right arising by virtue of these Regulations.

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