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- Original (As enacted)
Copyright, Designs and Patents Act 1988 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Chapter II Rights of Copyright Owner
Secondary infringement of copyright
23.Secondary infringement: possessing or dealing with infringing copy.
24.Secondary infringement: providing means for making infringing copies.
25.Secondary infringement: permitting use of premises for infringing performance.
26.Secondary infringement: provision of apparatus for infringing performance, &c.
Chapter III Acts Permitted in relation to Copyright Works
40.Restriction on production of multiple copies of the same material.
40B.Libraries and educational establishments etc : making works available through dedicated terminals
41.Copying by librarians: supply of single copies to other libraries
43.Copying by librarians or archivists: single copies of unpublished works
Miscellaneous: literary, dramatic, musical and artistic works
Miscellaneous: lending of works and playing of sound recordings
Chapter VII Copyright Licensing
References and applications with respect to licensing schemes
References and applications with respect to licensing by licensing bodies
Factors to be taken into account in certain classes of case
131.Licences for educational establishments in respect of works included in broadcasts . . . .
132.Licences to reflect conditions imposed by promoters of events.
133.Licences to reflect payments in respect of underlying rights.
134.Licences in respect of works included in re-transmissions.
135.Mention of specific matters not to exclude other relevant considerations.
Implied indemnity in schemes or licences for reprographic copying
Chapter VIII The Copyright Tribunal
Chapter IX Qualification for and Extent of Copyright Protection
Chapter X Miscellaneous and General
Part II Rights in performances
182. Consent required for recording, &c. of live performance.
182C. Consent required for rental or lending of copies to public.
182D. Right to equitable remuneration for exploitation of sound recording.
183. Infringement of performer’s rights by use of recording made without consent.
184. Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
Rights of person having recording rights
185. Exclusive recording contracts and persons having recording rights.
186. Consent required for recording of performance subject to exclusive contract.
187. Infringement of recording rights by use of recording made without consent.
188. Infringement of recording rights by importing, possessing or dealing with illicit recording.
191C. Prospective ownership of a performer’s property rights.
191E. Performer’s property right to pass under will with unpublished original recording.
191F. Presumption of transfer of rental right in case of film production agreement.
191G. Right to equitable remuneration where rental right transferred.
191H. Equitable remuneration: reference of amount to Copyright Tribunal.
191HA.Assignment of performer’s property rights in a sound recording
191K. Undertaking to take licence of right in infringement proceedings.
Supplementary provisions with respect to delivery up and seizure
Chapter 4 QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
Chapter I Design right in original designs
Chapter II Rights of Design Right Owner and Remedies
Chapter III Exceptions to Rights of Design Right Owners
Chapter IV Jurisdiction of the Comptroller and the Court
Part V Patent Agents and Trade Mark Agents
274. Persons permitted to carry on business of a patent agent.
276. Persons entitled to describe themselves as patent agents.
277. Persons entitled to describe themselves as European patent attorneys, &c.
278. Use of the term “patent attorney”: supplementary provisions.
279. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
281. Power of comptroller to refuse to deal with certain agents.
288. Financial limits in relation to proceedings within special jurisdiction of patents county court.
289. Transfer of proceedings between High Court and patents county court.
290. Limitation of costs where pecuniary claim could have been brought in patents county court.
292. Rights and duties of registered patent agents in relation to proceedings in patents county court.
Part VII Miscellaneous and General
Circumvention of protection measures
296ZB.Devices and services designed to circumvent technological measures
296ZC.Devices and services designed to circumvent technological measures: search warrants and forfeiture
296ZD.Rights and remedies in respect of devices and services designed to circumvent technological measures
296ZE.Remedy where effective technological measures prevent permitted acts
296ZEA.Remedy where restrictive measures prevent or restrict personal copying
Provisions for the benefit of Great Ormond Street Hospital for Children
SCHEDULES
Regulation of licensing bodies
Copyright: transitional provisions and savings
25.(1) Any document made or event occurring before commencement which...
26.(1) Section 91(1) of this Act (assignment of future copyright:...
27.(1) Where the author of a literary, dramatic, musical or...
28.(1) This paragraph applies where copyright subsists in a literary,...
29.Section 92(2) of this Act (rights of exclusive licensee against...
Rights in performances: permitted acts
Copies for text and data analysis for non-commercial research
Playing or showing sound recording, film, or broadcastat educational establishment
Copying and use of extracts of recordings by educational establishments
Copying by librarians: supply of single copies to other libraries
Copying by librarians etc : replacement copies of recordings
Copying by librarians: single copies of published recordings
Copying by librarians or archivists: single copies of unpublished recordings
Playing of sound recordings for purposes of club, society, &c
Recordings for purposes of supervision and control of broadcasts and other services
Reception and re-transmission of wireless broadcast by cable
LICENSING OF PERFORMERS’ ... RIGHTS
References and applications with respect to licensing schemes
Application for grant of licence in connection with licensing scheme
Application for review of order as to entitlement to licence
References and applications with respect to licensing by licensing bodies
Application to settle royalty or other sum payable for lending
Registered designs: minor and consequential amendments of 1949 Act
Section 4: registration of same design in respect of other articles, etc.
Section 9: exemption of innocent infringer from liability for damages
Section 14: registration where application has been made in convention country
Section 15: extension of time for application under s.14 in certain cases
Section 16: protection of designs communicated under international agreements
Section 23: information as to existence of right in registered design
Section 25: certificate of contested validity of registration
Section 26: remedy for groundless threats of infringement proceedings
Section 32: power of registrar to refuse to deal with certain agents
Section 35: fine for falsely representing a design as registered
Section 35A: offence by body corporate - liability of officers
Schedule 1: provisions as to Crown use of registered designs
The Registered Designs Act 1949 as amended Arrangement of Sections
Powers and duties of registrar
Provisions as to the Use of Registered Designs for the...
Patents: miscellaneous amendments
Withdrawal of application before publication of specification
Powers exercisable in consequence of report of Monopolies and Mergers Commission
Compulsory licensing: reliance on statements in competition report
Applications and amendments not to include additional matter
The state of the art: material contained in patent applications
PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
section 29A (copies for text and data analysis for non-commercial...
section 31A (disabled persons: copies of works for personal use)”...
section 31B (making and supply of accessible copies by authorised...
section 31BA (making and supply of intermediate copies by authorised...
section 35 (recording by educational establishments of broadcasts)
section 41 (copying by librarians: supply of single copies to...
section 42 (copying by librarians etc : replacement copies of...
section 42A (copying by librarians: single copies of published works)...
section 43 (copying by librarians or archivists: single copies of...
section 47 (material open to public inspection or on official...
section 48 (material communicated to the Crown in the course...
section 69 (recording for purposes of supervision and control of...
Provisions for the Benefit of Great Ormond Street Hospital for Children
Consequential amendments: general
Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)
Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3))
Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6))
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