2014 No. 2356
The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014
Made
Coming into force
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to matters relating to copyright and rights in performances2.
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 and come into force on 1st October 2014.
Amendments to the Copyright, Designs and Patents Act 19882
The Copyright, Designs and Patents Act 19883 is amended in accordance with these Regulations.
Quotation: amendments to section 303
1
Section 304 is amended as follows.
2
In the heading, after “review” insert “, quotation”.
3
In subsection (1), after “acknowledgement” insert “(unless this would be impossible for reasons of practicality or otherwise)”.
4
After subsection (1) insert—
1ZA
Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—
a
the work has been made available to the public,
b
the use of the quotation is fair dealing with the work,
c
the extent of the quotation is no more than is required by the specific purpose for which it is used, and
d
the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
5
In subsection (1A)—
a
for “subsection (1)” substitute “subsections (1) and (1ZA)”, and
b
for “that subsection” substitute “those subsections”.
6
After subsection (3) insert—
4
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.
Quotation: amendments to Schedule 24
1
Paragraph 25 of Schedule 2 is amended as follows.
2
In the heading, after “reviews” insert “, quotation”.
3
After sub-paragraph (1) insert—
1ZA
The rights conferred by this Chapter in a performance or a recording of a performance are not infringed by the use of a quotation from the performance or recording (whether for criticism or review or otherwise) provided that—
a
the performance or recording has been made available to the public,
b
the use of the quotation is fair dealing with the performance or recording, and
c
the extent of the quotation is no more than is required by the specific purpose for which it is used.
4
After sub-paragraph (1A) insert—
1B
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of sub-paragraph (1ZA), would not infringe any right conferred by this Chapter, that term is unenforceable.
Parody5
1
After section 30 insert—
30ACaricature, parody or pastiche
1
Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.
2
In Schedule 2, after paragraph 2 insert—
Caricature, parody or pastiche
2A
1
Fair dealing with a performance or a recording of a performance for the purposes of caricature, parody or pastiche does not infringe the rights conferred by this Chapter in the performance or recording.
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
3
Expressions used in this paragraph have the same meaning as in section 30A.
(This note is not part of the Regulations)