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The Copyright and Related Rights Regulations 2003

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Amendment of provisions relating to criticism, review and news reporting

10.—(1) Section 30 shall be amended as follows—

(a)in subsection (1) after the word “acknowledgement” there shall be inserted “ and provided that the work has been made available to the public”;

(b)after subsection (1) there shall be inserted—

(1A) For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including—

(a)the issue of copies to the public;

(b)making the work available by means of an electronic retrieval system;

(c)the rental or lending of copies of the work to the public;

(d)the performance, exhibition, playing or showing of the work in public;

(e)the communication to the public of the work,

but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.;

(c)in subsection (3) for the words from “, broadcast” to “programme” there shall be substituted “ or broadcast where this would be impossible for reasons of practicality or otherwise”.

(2) For paragraph 2(1) of Schedule 2 there shall be substituted—

2.(1) Fair dealing with a performance or recording for the purpose of criticism or review, of that or another performance or recording, or of a work, does not infringe any of the rights conferred by Part 2 provided that the performance or recording has been made available to the public.

(1A) Fair dealing with a performance or recording for the purpose of reporting current events does not infringe any of the rights conferred by Part 2..

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