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An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.
[15th November 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Modifications etc. (not altering text)
C1Act amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
C2Act: power to amend conferred (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 138(2)-(7), 339(2)(c)
Modifications etc. (not altering text)
C3Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)
C4Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
C5Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
C6Pt. 1 extended (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8)
C7Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
C8Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
C9Pt. 1 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
C10Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
C11Pt. 1 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
C12Pt. 1 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
C13Pt. 1 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
C14Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
C15Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
C16Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by (S.I. 2016/370, arts. 1, 2-40)
C17Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 3, 4, 5)
C18Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 5)
C19Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)
Modifications etc. (not altering text)
C20Pt. 1 Ch. 1 applied in part (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
(1)Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—
(a)original literary, dramatic, musical or artistic works,
(b)sound recordings, films [F1or broadcasts], and
(c)the typographical arrangement of published editions.
(2)In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.
(3)Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).
Textual Amendments
F1Words in s. 1(1)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(2) (with regs. 31-40)
(1)The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.
(2)In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright—
(a)section 77 (right to be identified as author or director),
(b)section 80 (right to object to derogatory treatment of work), and
(c)section 85 (right to privacy of certain photographs and films).
(1)In this Part—
“literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—
(a)a table or compilation [F2other than a database], F3. . .
(b)a computer program; F4. . .[F5(c) preparatory design material for a computer program][F6and
F6(d)a database]
“dramatic work” includes a work of dance or mime; and
“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
(3)It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.
Textual Amendments
F2Words in s. 3(1)(a) inserted (1.1.1998) by S.I. 1997/3032, reg. 5(a) (with Pt. IV)
F3Word in s. 3(1) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 3
F4Word in s. 3(1)(b) left out (1.1.1998) by virtue of S.I. 1997/3032, reg. 5(b) (with Pt. IV)
F5Word and s. 3(1)(c) inserted (1.1.1993) by S.I. 1992/3233, reg. 3
F6S. 3(1)(d) and word preceding it inserted (1.1.1998) by S.I. 1997/3032, reg. 5(c) (with Pt. IV)
(1)In this Part “database” means a collection of independent works, data or other materials which—
(a)are arranged in a systematic or methodical way, and
(b)are individually accessible by electronic or other means.
(2)For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author’s own intellectual creation.]
Textual Amendments
F7S. 3A inserted (1.1.1998) by S.I. 1997/3032, reg. 6 (with Pt. IV)
(1)In this Part “artistic work” means—
(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b)a work of architecture being a building or a model for a building, or
(c)a work of artistic craftsmanship.
(2)In this Part—
“building” includes any fixed structure, and a part of a building or fixed structure;
“graphic work” includes—
(a)any painting, drawing, diagram, map, chart or plan, and
(b)any engraving, etching, lithograph, woodcut or similar work;
“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
“sculpture” includes a cast or model made for purposes of sculpture.
(1)In this Part “sound recording” means—
(a)a recording of sounds, from which the sounds may be reproduced, or
(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
(2)Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.]
Textual Amendments
F8Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)
(1)In this Part “film” means a recording on any medium from which a moving image may by any means be produced.
(2)The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.
(3)Without prejudice to the generality of subsection (2), where that subsection applies—
(a)references in this Part to showing a film include playing the film sound track to accompany the film,
[F10(b)references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,
(c)references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and
(d)references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.]
(4)Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.
(5)Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.]
Textual Amendments
F9Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)
F10S. 5B(3)(b)-(d) substituted (1.2.2006) for s. 5B(3)(b) and preceding word by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 2 (with reg. 8)
[F11(1) In this Part a “ broadcast ” means an electronic transmission of visual images, sounds or other information which—
(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or
(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,
and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.
(1A)Excepted from the definition of “broadcast” is any internet transmission unless it is—
(a)a transmission taking place simultaneously on the internet and by other means,
(b)a concurrent transmission of a live event, or
(c)a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.]
(2)An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(3)References in this Part to the person making a broadcast, [F12or a transmission which is a broadcast] are—
(a)to the person transmitting the programme, if he has responsibility to any extent for its contents, and
(b)to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;
and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.
F13[(4)For the purposes of this Part, the place from which a [F14wireless] broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).]
F15[(4A)Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).]
(5)References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.
[F16(5A)The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.]
(6)Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast F17. . . .
Textual Amendments
F11S. 6(1)(1A) substituted (31.10.2003) for s. 6(1) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(a) (with regs. 31-40)
F12Words in s. 6(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(b) (with regs. 31-40)
F13S. 6(4) substituted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 5
F14Word in s. 6(4) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(c) (with regs. 31-40)
F15S. 6(4A) inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(1)
F16S. 6(5A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(d) (with regs. 31-40)
F17Words in s. 6(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
(1)This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than [F19the United Kingdom] and the law of that country fails to provide at least the following level of protection—
(a)exclusive rights in relation to [F20wireless] broadcasting equivalent to those conferred by section 20 ([F21infringement by communication to the public]) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b)a right in relation to live [F22wireless] broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and
(c)a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the [F22wireless] broadcasting of sound recordings.
(2)Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in [F19the United Kingdom] —
(a)[F23the United Kingdom] shall be treated as the place from which the broadcast is made, and
(b)the person operating the uplink station shall be treated as the person making the broadcast.
(3)Where the uplink station is not located in [F19the United Kingdom] but a person who is established in [F19the United Kingdom] has commissioned the making of the broadcast—
(a)that person shall be treated as the person making the broadcast, and
(b)[F24the United Kingdom] shall be treated as the place from which the broadcast is made.]
Textual Amendments
F18S. 6A inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(2)
F19Words in s. 6A substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(a) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in s. 6A(1)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(i) (with regs. 31-40)
F21Words in s. 6A(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(ii) (with regs. 31-40)
F22Word in s. 6A(1)(b)(c) inserted (31.10.2003.) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(b) (with regs. 31-40)
F23Words in s. 6A(2)(a) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in s. 6A(3)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 3(c) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25S. 7 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 5(1), Sch. 2 (with regs. 31-40)
(1)In this Part “published edition”, in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.
(2)Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.
(1)In this Part “author”, in relation to a work, means the person who creates it.
(2)That person shall be taken to be—
F26 [F26( aa )in the case of a sound recording, the producer;
F26( ab )in the case of a film, the producer and the principal director;]
(b)in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;
(c)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in the case of the typographical arrangement of a published edition, the publisher.
(3)In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
(4)For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.
(5)For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.
Textual Amendments
F26S. 9(2)(aa)(ab) substituted for s. 9(2)(a) (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(1), 36
F27S. 9(2)(c) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 5(4), Sch. 2 (with regs. 31-40)
(1)In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.
F28 [( 1A )A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.]
(2)A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast (see section 6(3)).
(3)References in this Part to the author of a work shall, except as otherwise provided, be construed in relation to a work of joint authorship as references to all the authors of the work.
Textual Amendments
F28S. 10(1A) inserted (1.12.1996 with effet in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(2), 36
(1)In this Part a “work of co-authorship” means a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.
(2)References in this Part to a work or the author of a work shall, except as otherwise provided, be construed in relation to a work of co-authorship as references to each of the separate musical and literary works comprised in the work of co-authorship and to each of the authors of such works.]
Textual Amendments
F29S. 10A inserted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 4 (with regs. 11-27)
(1)The author of a work is the first owner of any copyright in it, subject to the following provisions.
(2)Where a literary, dramatic, musical or artistic work [F30, or a film,] is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.
(3)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).
Textual Amendments
F30Words in s. 11(2) inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(3), 36
(1)The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.
(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.
(3)If the work is of unknown authorship, copyright expires—
(a)at the end of the period of 70 years from the end of the calendar year in which the work was made, or
(b)if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,
subject as follows.
(4)Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).
(5)For the purposes of subsection (3) making available to the public includes—
(a)in the case of a literary, dramatic or musical work—
(i)performance in public, or
[F32(ii)communication to the public;]
(b)in the case of an artistic work—
(i)exhibition in public,
(ii)a film including the work being shown in public, or
[F33(iii)communication to the public;]
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.
(6) Where the country of origin of the work is not [F34the United Kingdom] and the author of the work is not a national of [F34the United Kingdom], the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).
(7)If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.
(8)The provisions of this section are adapted as follows in relation to a work of joint authorship [F35or a work of co-authorship]—
(a)the reference in subsection (2) to the death of the author shall be construed—
(i)if the identity of all the authors is known, as a reference to the death of the last of them to die, and
(ii)if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;
(b)the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;
(c) the reference in subsection (6) to the author not being a national of [F36the United Kingdom] shall be construed as a reference to none of the authors being a national of [F36the United Kingdom].
(9)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to [F37166D]) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).]
Textual Amendments
F31S. 12 substituted (1.1.1996) by S.I. 1995/3297, reg. 5(1) (with Pt. III)
F32S. 12(5)(a)(ii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003, (S.I. 2003/2498), reg. 2(1), {Sch. 1 para. 4(1)} (with regs. 31-40)
F33S. 12(5)(b)(iii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003, (S.I. 2003/2498), reg. 2(1), {Sch. 1 para. 4(2)} (with regs. 31-40)
F34Words in s. 12(6) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 4 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in s. 12(8) inserted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 5 (with regs. 11-27)
F36Words in s. 12(8)(c) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 4 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F37Word in s. 12(9) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 23 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
(1)The following provisions have effect with respect to the duration of copyright in a sound recording.
[F39(2)Subject to subsections (4) and (5) [F40and section 191HA(4)], copyright expires—
(a)at the end of the period of 50 years from the end of the calendar year in which the recording is made, or
(b)if during that period the recording is published, [F4170] years from the end of the calendar year in which it is first published, or
(c)if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, [F4270] years from the end of the calendar year in which it is first so made available,
but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorised act.]
(3)F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the author of a sound recording is not a national of [F44the United Kingdom], the duration of copyright is that to which the sound recording is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under [F45 subsection (2) ].
(5)If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in [F45subsection (2)].]
Textual Amendments
F38Ss. 13A, 13B substituted for s. 13 (1.1.1996) by S.I. 1995/3297, reg. 6(1) (with Pt. IV)
F39S. 13A(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 29(a) (with regs. 31-40)
F40Words in s. 13A(2) inserted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(a) (with regs. 11-27)
F41Word in s. 13A(2)(b) substituted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(b) (with regs. 11-27)
F42Word in s. 13A(2)(c) substituted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(b) (with regs. 11-27)
F43S. 13A(3) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 29(b), Sch. 2 (with regs. 31-40)
F44Words in s. 13A(4) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 5 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F45Words in s. 13A(4)(5) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I.2003/2498), reg. 29(c) (with regs. 31-40)
(1)The following provisions have effect with respect to the duration of copyright in a film.
(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—
(a)the principal director,
(b)the author of the screenplay,
(c)the author of the dialogue, or
(d)the composer of music specially created for and used in the film;
subject as follows.
(3)If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.
(4)If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—
(a)the end of the period of 70 years from the end of the calendar year in which the film was made, or
(b)if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.
(5)Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).
(6)For the purposes of subsection (4) making available to the public includes—
(a)showing in public, or
[F47(b)communicating to the public;]
but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.
(7)Where the country of origin is not [F48the United Kingdom] and the author of the film is not a national of [F48the United Kingdom], the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (6).
(8)In relation to a film of which there are joint authors, the reference in subsection (7) to the author not being a national of [F49the United Kingdom] shall be construed as a reference to none of the authors being a national of [F49the United Kingdom].
(9)If in any case there is no person falling within paragraphs (a) to (d) of subsection (2), the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.
(10)For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as unknown.]
Textual Amendments
F46Ss. 13A, 13B substituted for s. 13 (1.1.1996) by S.I. 1995/3297, reg. 6(1) (with Pt. IV)
F47S. 13B(6)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 4(3) (with regs. 31-40)
F48Words in s. 13B(7) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 6 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F49Words in s. 13B(8) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 6 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
(1)The following provisions have effect with respect to the duration of copyright in a broadcast F52. . . .
(2)Copyright in a broadcast F52. . . expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made F53. . . , subject as follows.
(3)Where the author of the broadcast F52. . . is not a national of [F54the United Kingdom], the duration of copyright in the broadcast F52. . . is that to which it is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsection (2).
(4)If or to the extent that the application of subsection (3) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsection (2).
(5)Copyright in a repeat broadcast F52. . . expires at the same time as the copyright in the original broadcast F52. . . ; and accordingly no copyright arises in respect of a repeat broadcast F52. . . which is broadcast F55. . . after the expiry of the copyright in the original broadcast F52. . . .
(6)A repeat broadcast F52. . . means one which is a repeat F56. . . of a broadcast previously made F56. . . .]
Textual Amendments
F50Words in s. 14 heading repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F51S. 14 substituted (1.1.1996) by S.I. 1995/3297, reg. 7(1) (with Pt. IV)
F52Words in s. 14 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F53Words in s. 14(2) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F54Words in s. 14(3) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 7 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F55Words in s. 14(5) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F56Words in s. 14(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.
(1)For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.
(2)If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.
(3)If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.
(4)If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then—
[F58(a)if the United Kingdom is one of those countries, the country of origin is the United Kingdom; and]
(b)[F59if the United Kingdom is not one of those countries], the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.
(5)If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is—
(a)if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;
(b)if the work is—
(i)a work of architecture constructed in a Berne Convention country, or
(ii)an artistic work incorporated in a building or other structure situated in a Berne Convention country,
that country;
(c)in any other case, the country of which the author of the work is a national.
(6)In this section—
(a)a “Berne Convention country” means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and
(b)references to simultaneous publication are to publication within 30 days of first publication.]
Textual Amendments
F57S. 15A inserted (1.1.1996) by S.I. 1995/3297, reg. 8(1) (with Pt. IV)
F58S. 15A(4)(a) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 8(a) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F59Words in s. 15A(4)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 8(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C21Pt. 1 Ch. II applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1) (with Pt. III)
(1)The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—
(a)to copy the work (see section 17);
(b)to issue copies of the work to the public (see section 18);
F60[(ba)to rent or lend the work to the public (see section 18A);]
(c)to perform, show or play the work in public (see section 19);
[F61(d)to communicate the work to the public (see section 20);]
(e)to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);
and those acts are referred to in this Part as the “acts restricted by the copyright”.
(2)Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.
(3)References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—
(a)in relation to the work as a whole or any substantial part of it, and
(b)either directly or indirectly;
and it is immaterial whether any intervening acts themselves infringe copyright.
(4)This Chapter has effect subject to—
(a)the provisions of Chapter III (acts permitted in relation to copyright works), and
(b)the provisions of Chapter VII (provisions with respect to copyright licensing).
Textual Amendments
F60S. 16(1)(ba) inserted (1.12.1996) by S.I. 1996/2967, reg. 10(1) (with Pt. III)
F61S. 16(1)(d) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 6(2) (with regs. 31-40)
(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.
(2)Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.
This includes storing the work in any medium by electronic means.
(3)In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work.
(4)Copying in relation to a film [F62or broadcast] includes making a photograph of the whole or any substantial part of any image forming part of the film [F62or broadcast].
(5)Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.
(6)Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.
Textual Amendments
F62Words in s. 17(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(1), 5(5), Sch. 1 para. 3(1)(a) (with regs. 31-40)
(1)The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.
[F63[F64(2)References in this Part to the issue to the public of copies of a work are to the act of putting into circulation in the United Kingdom copies not previously put into circulation in [F65the United Kingdom or] the EEA by or with the consent of the copyright owner.]
(3)References in this Part to the issue to the public of copies of a work do not include—
(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending) F66...
F67(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68...]
F69[(4)References in this Part to the issue of copies of a work include the issue of the original.]
Textual Amendments
F63S. 18(2)(3) substituted (1.12.1996) by S.I. 1996/2967, reg. 9(2) (with Pt. III)
F64S. 18(2) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(2)
F65Words in s. 18(2) inserted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)
F66Word in s. 18(3)(a) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(a)
F67S. 18(3)(b) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(b)
F68Words in s. 18(3) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(c)
F69S. 18(4) added (1.12.1996) by S.I. 1996/2967, reg. 9(3) (with Pt. III)
(1)The rental or lending of copies of the work to the public is an act restricted by the copyright in—
(a)a literary, dramatic or musical work,
(b)an artistic work, other than—
(i)a work of architecture in the form of a building or a model for a building, or
(ii)a work of applied art, or
(c)a film or a sound recording.
(2)In this Part, subject to the following provisions of this section—
(a)“rental” means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and
(b)“lending” means making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.
(3)The expressions “rental” and “lending” do not include—
(a)making available for the purpose of public performance, playing or showing in public [F71or communication to the public];
(b)making available for the purpose of exhibition in public; or
(c)making available for on-the-spot reference use.
(4)The expression “lending” does not include making available between establishments which are accessible to the public.
(5)Where lending by an establishment accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.
(6)References in this Part to the rental or lending of copies of a work include the rental or lending of the original.]
Textual Amendments
F70S. 18A inserted (1.12.1996) by S.I. 1996/2967, reg. 10(2) (with Pt. III)
F71Words in s. 18A(3)(a) substituted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 6(2)(a) (with regs. 31-40)
(1)The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.
(2)In this Part “performance”, in relation to a work—
(a)includes delivery in the case of lectures, addresses, speeches and sermons, and
(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film [F72or broadcast] of the work.
(3)The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film [F72or broadcast].
(4)Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds conveyed by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be regarded as responsible for the infringement.
Textual Amendments
F72Words in s. 19(2)(b)(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(b)(c) (with regs. 31-40)
(1)The communication to the public of the work is an act restricted by the copyright in—
(a)a literary, dramatic, musical or artistic work,
(b)a sound recording or film, or
(c)a broadcast.
(2)References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include—
(a)the broadcasting of the work;
(b)the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]
Textual Amendments
F73S. 20 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 6(1) (with regs. 31-40)
(1)The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work.
For this purpose an adaptation is made when it is recorded, in writing or otherwise.
(2)The doing of any of the acts specified in sections 17 to 20, or subsection (1) above, in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work.
For this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.
(3)In this Part “adaptation”—
(a)in relation to a literary [F74work, [F75other than a computer program or a database, or in relation to a]] dramatic work, means—
(i)a translation of the work;
(ii)a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;
(iii)a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;
F76[(ab)in relation to a computer program, means an arrangement or altered version of the program or a translation of it;]
F77[(ac)in relation to a database, means an arrangement or altered version of the database or a translation of it;]
(b)in relation to a musical work, means an arrangement or transcription of the work.
(4)In relation to a computer program a “translation” includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code F78. . .
(5)No inference shall be drawn from this section as to what does or does not amount to copying a work.
Textual Amendments
F74Words in s. 21(3)(a) inserted (1.1.1993) by S.I. 1992/3233, reg. 5(1)
F75Words in s. 21(3)(a) substituted (1.1.1998) by S.I. 1997/3032, reg. 7(a) (with Pt. IV)
F76S. 21(3)(ab) inserted (1.1.1993) by S.I. 1992/3233, reg. 5(2)
F77S. 21(3)(ac) inserted (1.1.1998) by S.I. 1997/3032, reg. 7(b) (with Pt. IV)
F78Words in s. 21(4) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 5(3)
The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into the United Kingdom, otherwise than for his private and domestic use, an article which is, and which he knows or has reason to believe is, an infringing copy of the work.
The copyright in a work is infringed by a person who, without the licence of the copyright owner—
(a)possesses in the course of a business,
(b)sells or lets for hire, or offers or exposes for sale or hire,
(c)in the course of a business exhibits in public or distributes, or
(d)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an infringing copy of the work.
(1)Copyright in a work is infringed by a person who, without the licence of the copyright owner—
(a)makes,
(b)imports into the United Kingdom,
(c)possesses in the course of a business, or
(d)sells or lets for hire, or offers or exposes for sale or hire,
an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.
(2)Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by means of a telecommunications system (otherwise than by [F79communication to the public]), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the United Kingdom or elsewhere.
Textual Amendments
F79Words in s. 24(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 5(a) (with regs. 31-40)
(1)Where the copyright in a literary, dramatic or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.
(2)In this section “place of public entertainment” includes premises which are occupied mainly for other purposes but are from time to time made available for hire for the purposes of public entertainment.
(1)Where copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, by means of apparatus for—
(a)playing sound recordings,
(b)showing films, or
(c)receiving visual images or sounds conveyed by electronic means,
the following persons are also liable for the infringement.
(2)A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if when he supplied the apparatus or part—
(a)he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright, or
(b)in the case of apparatus whose normal use involves a public performance, playing or showing, he did not believe on reasonable grounds that it would not be so used as to infringe copyright.
(3)An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if when he gave permission he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright.
(4)A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if when he supplied it he knew or had reason to believe that what he supplied, or a copy made directly or indirectly from it, was likely to be so used as to infringe copyright.
(1)In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.
(2)An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.
(3)F80... An article is also an infringing copy if—
(a)it has been or is proposed to be imported into the United Kingdom, and
(b)its making in the United Kingdom would have constituted an infringement of the copyright in the work in question, or a breach of an exclusive licence agreement relating to that work.
F81(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where in any proceedings the question arises whether an article is an infringing copy and it is shown—
(a)that the article is a copy of the work, and
(b)that copyright subsists in the work or has subsisted at any time,
it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.
(5)Nothing in subsection (3) shall be construed as applying to an article which—
[F82(a)may lawfully be imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or
(b)has been or is proposed to be imported into the United Kingdom after being put into circulation in the EEA by or with the consent of the copyright owner.]
[F83(5A)In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.]
(6)In this Part “infringing copy” includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions —
[F84section 29A(3) (copies for text and data analysis for non-commercial research),]
[F85section 28B(7) and (9) (personal copies for private use),]
[F86section 31A(5) and (6) (disabled persons: copies of works for personal use),]
[F87section 31B(11) (making and supply of accessible copies by authorised bodies),]
[F84section 35(5) (recording by educational establishments of broadcasts),]
[F84section 36(8) (copying and use of extracts of works by educational establishments),]
[F84section 42A(5)(b) (copying by librarians: single copies of published works),]
[F84section 61(6)(b) (recordings of folksongs),]
F88...
F89...
F89...
F89...
F89...
section 56(2) (further copies, adaptations, &c. of work in electronic form retained on transfer of principal copy),
section 63(2) (copies made for purpose of advertising artistic work for sale),
section 68(4) (copies made for purpose of broadcast F90 . . . ),
[F91section 70(2) (recording for the purposes of time-shifting),
section 71(2) (photographs of broadcasts), or]
any provision of an order under section 141 (statutory licence for certain reprographic copying by educational establishments).
Textual Amendments
F80Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
F81S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
F82S. 27(5)(a)(b) substituted for words in s. 27(5) (31.12.2023) by The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 4(2)(a)
F83S. 27(5A) inserted (31.12.2023) by The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 4(2)(b)
F84Words in s. 27(6) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(b)
F85Words in s. 27(6) inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 4(1) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)
F86Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(a)
F87Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(b)
F88 Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384) , reg. 1(1) , Sch. para. 1(c)
F89Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(a)
F90Words in s. 27(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F91S. 27(6): entries substituted (31.10.2003) for word "or" appearing at end of entry for s. 68(4) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(3) (with regs. 31-40)
Modifications etc. (not altering text)
C22Pt. 1 Ch. III amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
C23Pt. 1 Ch. III applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
C24Pt. 1 Ch. III continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33, (with regs. 31-40)
(1)The provisions of this Chapter specify acts which may be done in relation to copyright works notwithstanding the subsistence of copyright; they relate only to the question of infringement of copyright and do not affect any other right or obligation restricting the doing of any of the specified acts.
(2)Where it is provided by this Chapter that an act does not infringe copyright, or may be done without infringing copyright, and no particular description of copyright work is mentioned, the act in question does not infringe the copyright in a work of any description.
(3)No inference shall be drawn from the description of any act which may by virtue of this Chapter be done without infringing copyright as to the scope of the acts restricted by the copyright in any description of work.
(4)The provisions of this Chapter are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.
Copyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
(a)a transmission of the work in a network between third parties by an intermediary; or
(b)a lawful use of the work;
and which has no independent economic significance.]
Textual Amendments
F92S. 28A inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 8(1) (with regs. 31-40)
(1)The making of a copy of a work, other than a computer program, by an individual does not infringe copyright in the work provided that the copy—
(a)is a copy of—
(i)the individual’s own copy of the work, or
(ii)a personal copy of the work made by the individual,
(b)is made for the individual’s private use, and
(c)is made for ends which are neither directly nor indirectly commercial.
(2)In this section “the individual’s own copy” is a copy which—
(a)has been lawfully acquired by the individual on a permanent basis,
(b)is not an infringing copy, and
(c)has not been made under any provision of this Chapter which permits the making of a copy without infringing copyright.
(3)In this section a “personal copy” means a copy made under this section.
(4)For the purposes of subsection (2)(a), a copy “lawfully acquired on a permanent basis”—
(a)includes a copy which has been purchased, obtained by way of a gift, or acquired by means of a download resulting from a purchase or a gift (other than a download of a kind mentioned in paragraph (b)); and
(b)does not include a copy which has been borrowed, rented, broadcast or streamed, or a copy which has been obtained by means of a download enabling no more than temporary access to the copy.
(5)In subsection (1)(b) “private use” includes private use facilitated by the making of a copy—
(a)as a back up copy,
(b)for the purposes of format-shifting, or
(c)for the purposes of storage, including in an electronic storage area accessed by means of the internet or similar means which is accessible only by the individual (and the person responsible for the storage area).
(6)Copyright in a work is infringed if an individual transfers a personal copy of the work to another person (otherwise than on a private and temporary basis), except where the transfer is authorised by the copyright owner.
(7)If copyright is infringed as set out in subsection (6), a personal copy which has been transferred is for all purposes subsequently treated as an infringing copy.
(8)Copyright in a work is also infringed if an individual, having made a personal copy of the work, transfers the individual’s own copy of the work to another person (otherwise than on a private and temporary basis) and, after that transfer and without the licence of the copyright owner, retains any personal copy.
(9)If copyright is infringed as set out in subsection (8), any retained personal copy is for all purposes subsequently treated as an infringing copy.
(10)To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.]
Textual Amendments
F93S. 28B inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 3(1) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)
[F94(1)Fair dealing with a F95... work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.]
[F96(1B)No acknowledgement is required in connection with fair dealing for the purposes mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.
(1C)Fair dealing with a F97... work for the purposes of private study does not infringe any copyright in the work.]
F98(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Copying by a person other than the researcher or student himself is not fair dealing if—
[F99(a)in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under section 42A (copying by librarians: single copies of published works), or]
(b)in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
F100 [( 4 )It is not fair dealing—
(a)to convert a computer program expressed in a low level language into a version expressed in a higher level language, or
(b)incidentally in the course of so converting the program, to copy it,
(these acts being permitted if done in accordance with section 50B (decompilation)).]
[F101(4A)It is not fair dealing to observe, study or test the functioning of a computer program in order to determine the ideas and principles which underlie any element of the program (these acts being permitted if done in accordance with section 50BA (observing, studying and testing)).]
[F102(4B)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.]
(5)F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F94S. 29(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(a), (with regs 31-40)
F95Words in s. 29(1) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(a)
F96S. 29(1B)(1C) substituted (31.10.2003) for s. 29(1A) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(b) (with regs. 31-40)
F97Words in s. 29(1C) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(b)
F98S. 29(2) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(c)
F99S. 29(3)(a) substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(d)
F100S. 29(4) inserted (1.1.1993) by S.I. 1992/3233, reg. 7
F101S. 29(4A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(d) (with regs. 31-40)
F102S. 29(4B) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(e)
F103S. 29(5) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 9(e), Sch. 2 (with regs. 31-40)
(1)The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that—
(a)the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and
(b)the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2)Where a copy of a work has been made under this section, copyright in the work is infringed if—
(a)the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or
(b)the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner.
(3)If a copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(4)In subsection (3) “dealt with” means sold or let for hire, or offered or exposed for sale or hire.
(5)To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.]
Textual Amendments
F104S. 29A inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(2)
(1)Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement [F106 (unless this would be impossible for reasons of practicality or otherwise)] [F107 and provided that the work has been made available to the public].
[F108(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).]
[F109(1A)For the purposes of [F110subsections (1) and (1ZA)] 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 [F111those subsections] whether a work has been made available to the public no account shall be taken of any unauthorised act.]
(2)Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.
(3)No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film [F112 or broadcast where this would be impossible for reasons of practicality or otherwise].
[F113(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.]
Textual Amendments
F105Word in s. 30 heading inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(2)
F106Words in s. 30(1) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(3)
F107Words in s. 30(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(a) (with regs. 31-40)
F108S. 30(1ZA) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(4)
F109S. 30(1A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(b) (with regs. 31-40)
F110Words in s. 30(1A) substituted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(5)(a)
F111Words in s. 30(1A) substituted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(5)(b)
F112Words in s. 30(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(c) (with regs. 31-40)
F113S. 30(4) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(6)
(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.]
Textual Amendments
F114S. 30A inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 5(1)
(1)Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film [F115or broadcast].
(2)Nor is the copyright infringed by the issue to the public of copies, or the playing, showing [F116or communication to the public], of anything whose making was, by virtue of subsection (1), not an infringement of the copyright.
(3)A musical work, words spoken or sung with music, or so much of a sound recording [F115or broadcast] as includes a musical work or such words, shall not be regarded as incidentally included in another work if it is deliberately included.
Textual Amendments
F115Words in s. 31(1)(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(d)(e) (with regs. 31-40)
F116Words in s. 31(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (31.10.2003), reg. 2(1), {Sch. 1 para. 6(2)(b)} (with reg. 31-40)
Textual Amendments
F117S. 31A cross-heading substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(2)
(1)This section applies if—
(a)a disabled person has lawful [F119access to] a copy of the whole or part of a work, and
(b)the person’s disability prevents the person from enjoying the work to [F120substantially] the same degree as a person who does not have that disability.
(2)The making of an accessible copy of the copy of the work referred to in subsection (1)(a) does not infringe copyright if—
(a)the copy is made by the disabled person or by a person acting on behalf of the disabled person, [F121and]
(b)the copy is made for the disabled person’s personal use F122...
F123(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Copyright is infringed by the transfer of an accessible copy of a work made under this section to any person other than—
(a)a person by or for whom an accessible copy of the work may be made under this section, or
(b)a person who intends to transfer the copy to a person falling within paragraph (a),
except where the transfer is authorised by the copyright owner.
(5)An accessible copy of a work made under this section is to be treated for all purposes as an infringing copy if it is held by a person at a time when the person does not fall within subsection (4)(a) or (b).
(6)If an accessible copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(7)In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.]
Textual Amendments
F118S. 31A substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(3)
F119Words in s. 31A(1)(a) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(2)(a)
F120Word in s. 31A(1)(b) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(2)(b)
F121Word in s. 31A(2)(a) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(3)(a)
F122Word in s. 31A(2)(b) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(3)(b)
F123S. 31A(2)(c) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(3)(c)
F124S. 31A(3) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 4(4)
[F127(1)If—
(a)an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and
(b)the body complies with subsection (1A),
the body may, without infringing copyright, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom F128....
(1A)An authorised body complies with this subsection if it—
(a)distributes, communicates, makes available or lends accessible copies only to disabled persons or other authorised bodies,
(b)takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies,
(c)demonstrates due care in, and maintains records of, its handling of works and accessible copies, and
(d)publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in paragraphs (a), (b) and (c).]
F129(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of [F130subsection (1)], [F131to communicate, make available, distribute or lend] “for the personal use of disabled persons” [F132includes to communicate, make available, distribute or lend] to a person acting on behalf of a disabled person.
F133(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)An authorised body which has made an accessible copy of a work under this section may [F134communicate, make available, distribute or lend] it to another authorised body [F135established in the United Kingdom F136...] which is entitled to make accessible copies of the work under this section for the purposes of enabling that other body to make accessible copies of the work.
F137(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)If an accessible copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(12)In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.
Textual Amendments
F125Ss. 31B, 31BA, 31BB substituted (1.6.2014) for s. 31B by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(4)
F126Words in s. 31B heading substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(2)
F127S. 31B(1)(1A) substituted for s. 31B(1) (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(3)
F128Words in s. 31B(1) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 9 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F129S. 31B(2)-(4) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(4)
F130Words in s. 31B(5) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(5)(a)
F131Words in s. 31B(5) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(5)(b)
F132Words in s. 31B(5) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(5)(c)
F133S. 31B(6)-(8) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(6)
F134Words in s. 31B(9) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(7)(a)
F135Words in s. 31B(9) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(7)(b)
F136Words in s. 31B(9) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 9 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F137S. 31B(10) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 5(8)
(1)An authorised body which is entitled to make an accessible copy of a work under section 31B may, without infringing copyright, make a copy of the work (“an intermediate copy”) if this is necessary in order to make the accessible copy.
(2)An authorised body which has made an intermediate copy of a work under this section may [F139communicate, make available, distribute or lend it on a non-profit basis] to another authorised body which is entitled to make accessible copies of the work under section 31B for the purposes of enabling that other body to make accessible copies of the work.
(3)Copyright is infringed by the transfer of an intermediate copy made under this section to a person other than another authorised body as permitted by subsection (2), except where the transfer is authorised by the copyright owner.
(4)F140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F125Ss. 31B, 31BA, 31BB substituted (1.6.2014) for s. 31B by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(4)
F138Words in s. 31BA heading substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 6(2)
F139Words in s. 31BA(2) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 6(3)
F140S. 31BA(4) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 6(4)
(1)[F141A person listed in subsection (3) may request an authorised body—
(a)making accessible copies under section 31B, or
(b)making intermediate copies under section 31BA,
to provide the person with the information in subsection (4).
(2)On receipt of a request under subsection (1), an authorised body must provide the information to the person in an accessible way within a reasonable time.
(3)The persons who may make a request under subsection (1) are—
(a)disabled person;
(b)another authorised body;
(c)rightholders.
(4)The information that must be provided by the authorised body is—
(a)the list of works for which it has accessible copies and the available formats, and
(b)the name and contact details of any authorised body established in [F142a] member State of the European Union from which, or to which, it has imported, exported or accessed an accessible copy.]]
Textual Amendments
F125Ss. 31B, 31BA, 31BB substituted (1.6.2014) for s. 31B by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(4)
F141S. 31BB(1)-(4) substituted for s. 31BB(1)-(3) (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 7
F142Word in s. 31BB(4)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 10 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F143Ss. 31C-31E repealed (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 8 Table
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Textual Amendments
F143Ss. 31C-31E repealed (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 8 Table
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Textual Amendments
F143Ss. 31C-31E repealed (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 8 Table
(1)This section supplements sections 31A to 31BB and includes definitions.
(2)“Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to [F145substantially] the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly.
(3)But a person is not to be regarded as disabled by reason only of an impairment of visual function which can be improved, [F146for example] by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light.
(4)An “accessible copy” of a copyright work means a version of the work which enables [F147disabled persons to access the work, including accessing it as feasibly and comfortably as a person who is not a disabled person].
(5)An accessible copy—
(a)may include facilities for navigating around the version of the work, but
(b)must not include any changes to the work which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.
(6)“Authorised body” means—
(a)an educational establishment, or
(b)a body that is not conducted for profit.
F148(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of section [F14927,] 31A, 31B or 31BA, would not infringe copyright, that term is unenforceable.]
Textual Amendments
F144S. 31F substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(5) (with Sch. para. 9)
F145Word in s. 31F(2) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(2)
F146Words in s. 31F(3) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(3)
F147Words in s. 31F(4) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(4)
F148S. 31F(7) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(5)
F149Word in s. 31F(8) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(6)
(1)Fair dealing with a work for the sole purpose of illustration for instruction does not infringe copyright in the work provided that the dealing is—
(a)for a non-commercial purpose,
(b)by a person giving or receiving instruction (or preparing for giving or receiving instruction), and
(c)accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2)For the purposes of subsection (1), “giving or receiving instruction” includes setting examination questions, communicating the questions to pupils and answering the questions.
(3)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.]
Textual Amendments
F150S. 32 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(1)
(1)The inclusion of a short passage from a published literary or dramatic work in a collection which—
(a)is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher, and
(b)consists mainly of material in which no copyright subsists,
does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.
(2)Subsection (1) does not authorise the inclusion of more than two excerpts from copyright works by the same author in collections published by the same publisher over any period of five years.
(3)In relation to any given passage the reference in subsection (2) to excerpts from works by the same author—
(a)shall be taken to include excerpts from works by him in collaboration with another, and
(b)if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.
(4)References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.
(1)The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment—
(a)by a teacher or pupil in the course of the activities of the establishment, or
(b)at the establishment by any person for the purposes of instruction,
is not a public performance for the purposes of infringement of copyright.
(2)The playing or showing of a sound recording, film [F151or broadcast] before such an audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.
(3)A person is not for this purpose directly connected with the activities of the educational establishment simply because he is the parent of a pupil at the establishment.
Textual Amendments
F151Words in s. 34(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(f) (with regs. 31-40)
(1)A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing copyright in the broadcast, or in any work included in it, provided that—
(a)the educational purposes are non-commercial, and
(b)the recording or copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2)Copyright is not infringed where a recording of a broadcast or a copy of such a recording, made under subsection (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment.
(3)Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
(4)Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
(5)If a copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(6)In this section “dealt with” means—
(a)sold or let for hire,
(b)offered or exposed for sale or hire, or
(c)communicated otherwise than as permitted by subsection (2).]
Textual Amendments
F152S. 35 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(2)
(1)The copying of extracts of a relevant work by or on behalf of an educational establishment does not infringe copyright in the work, provided that—
(a)the copy is made for the purposes of instruction for a non-commercial purpose, and
(b)the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2)Copyright is not infringed where a copy of an extract made under subsection (1) is communicated by or on behalf of the educational establishment to its pupils or staff for the purposes of instruction for a non-commercial purpose.
(3)Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
(4)In this section “relevant work” means a copyright work other than—
(a)a broadcast, or
(b)an artistic work which is not incorporated into another work.
(5)Not more than 5% of a work may be copied under this section by or on behalf of an educational establishment in any period of 12 months, and for these purposes a work which incorporates another work is to be treated as a single work.
(6)Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
(7)The terms of a licence granted to an educational establishment authorising acts permitted by this section are of no effect so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted by this section.
(8)If a copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(9)In this section “dealt with” means—
(a)sold or let for hire,
(b)offered or exposed for sale or hire, or
(c)communicated otherwise than as permitted by subsection (2).]
Textual Amendments
F153S. 36 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(3)
Copyright in a work is not infringed by the lending of copies of the work by an educational establishment.]
Textual Amendments
F154S. 36A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(1) (with Pt. III)
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Textual Amendments
F155Ss. 37-40 repealed (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 14 Table
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Textual Amendments
F155Ss. 37-40 repealed (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 14 Table
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Textual Amendments
F155Ss. 37-40 repealed (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 14 Table
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Textual Amendments
F155Ss. 37-40 repealed (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 14 Table
[F157(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.
[F158(1ZA)Subsection (1) applies to an e-book or an e-audio-book only if—
(a)the book has been lawfully acquired by the library, and
(b)the lending is in compliance with any purchase or licensing terms to which the book is subject.]
(1A)In [F159subsections (1) and (1ZA)] —
(a)“book , “audio-book” and “e-book” have the meanings given in section 5 of the Public Lending Right Act 1979,
[F160(aa)“e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,]
(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). ]
(2) Copyright in a work is not infringed by the lending of copies of the work by a F161 ...library or archive (other than a public library) which is not conducted for profit. ]
Textual Amendments
F156S. 40A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(2) (with Pt. III)
F157S. 40A(1)(1A) substituted (30.6.2014) for s. 40A(1) by Digital Economy Act 2010 (c. 24), ss. 43(7), 47(3)(d); S.I. 2014/1659, art. 2
F158S. 40A(1ZA) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(3), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2
F159Words in s. 40A(1A) substituted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(a), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2
F160S. 40A(1A)(aa) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(b), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2
F161Word in s. 40A(2) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 3
Modifications etc. (not altering text)
C25S. 40A(2) modified (1.12.1996) by S.I. 1996/2967, reg. 35 (with Pt. III)
(1)Copyright in a work is not infringed by an institution specified in subsection (2) communicating the work to the public or making it available to the public by means of a dedicated terminal on its premises, if the conditions in subsection (3) are met.
(2)The institutions are—
(a)a library,
(b)an archive,
(c)a museum, and
(d)an educational establishment.
(3)The conditions are that the work or a copy of the work—
(a)has been lawfully acquired by the institution,
(b)is communicated or made available to individual members of the public for the purposes of research or private study, and
(c)is communicated or made available in compliance with any purchase or licensing terms to which the work is subject.]
Textual Amendments
F162S. 40B inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(1)
(1)A librarian may, if the conditions in subsection (2) are met, make a single copy of the whole or part of a published work and supply it to another library, without infringing copyright in the work.
(2)The conditions are—
(a)the copy is supplied in response to a request from a library which is not conducted for profit, and
(b)at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work.
(3)The condition in subsection (2)(b) does not apply where the request is for a copy of an article in a periodical.
(4)Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(5)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.
Textual Amendments
F163Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
(1)A librarian, archivist or curator of a library, archive or museum may, without infringing copyright, make a copy of an item in that institution’s permanent collection—
(a)in order to preserve or replace that item in that collection, or
(b)where an item in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the item in the collection of that other library, archive or museum,
provided that the conditions in subsections (2) and (3) are met.
(2)The first condition is that the item is—
(a)included in the part of the collection kept wholly or mainly for the purposes of reference on the institution’s premises,
(b)included in a part of the collection not accessible to the public, or
(c)available on loan only to other libraries, archives or museums.
(3)The second condition is that it is not reasonably practicable to purchase a copy of the item to achieve either of the purposes mentioned in subsection (1).
(4)The reference in subsection (1)(b) to a library, archive or museum is to a library, archive or museum which is not conducted for profit.
(5)Where an institution makes a charge for supplying a copy to another library, archive or museum under subsection (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(6)In this section “item” means a work or a copy of a work.
(7)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.
Textual Amendments
F163Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
(1)A librarian of a library which is not conducted for profit may, if the conditions in subsection (2) are met, make and supply a single copy of—
(a)one article in any one issue of a periodical, or
(b)a reasonable proportion of any other published work,
without infringing copyright in the work.
(2)The conditions are—
(a)the copy is supplied in response to a request from a person who has provided the librarian with a declaration in writing which includes the information set out in subsection (3), and
(b)the librarian is not aware that the declaration is false in a material particular.
(3)The information which must be included in the declaration is—
(a)the name of the person who requires the copy and the material which that person requires,
(b)a statement that the person has not previously been supplied with a copy of that material by any library,
(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person, and
(d)a statement that to the best of the person’s knowledge, no other person with whom the person works or studies has made, or intends to make, at or about the same time as the person’s request, a request for substantially the same material for substantially the same purpose.
(4)Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(5)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—
(a)P is liable for infringement of copyright as if P had made the copy, and
(b)the copy supplied to P is to be treated as an infringing copy for all purposes.
(6)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.
Textual Amendments
F163Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
(1)A librarian or archivist may make and supply a single copy of the whole or part of a work without infringing copyright in the work, provided that—
(a)the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in subsection (2), and
(b)the librarian or archivist is not aware that the declaration is false in a material particular.
(2)The information which must be included in the declaration is—
(a)the name of the person who requires the copy and the material which that person requires,
(b)a statement that the person has not previously been supplied with a copy of that material by any library or archive, and
(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.
(3)But copyright is infringed if—
(a)the work had been published or communicated to the public before the date it was deposited in the library or archive, or
(b)the copyright owner has prohibited the copying of the work,
and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact.
(4)Where a library or archive makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(5)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—
(a)P is liable for infringement of copyright as if P had made the copy, and
(b)the copy supplied to P is to be treated as an infringing copy for all purposes.
Textual Amendments
F163Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
(1)The following definitions have effect for the purposes of sections 40A to 43.
(2)“Library” means—
(a)a library which is publicly accessible, or
(b)a library of an educational establishment.
(3)“Museum” includes a gallery.
(4)“Conducted for profit”, in relation to a library, archive or museum, means a body of that kind which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit.
(5)References to a librarian, archivist or curator include a person acting on behalf of a librarian, archivist or curator.]
Textual Amendments
F163Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
If an article of cultural or historical importance or interest cannot lawfully be exported from the United Kingdom unless a copy of it is made and deposited in an appropriate library or archive, it is not an infringement of copyright to make that copy.
(1)Copyright is not infringed by the copying of a work from the internet by a deposit library or person acting on its behalf if—
(a)the work is of a description prescribed by regulations under section 10(5) of the 2003 Act,
(b)its publication on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and
(c)the copying is done in accordance with any conditions so prescribed.
(2)Copyright is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section 7 of the 2003 Act.
(3)The Secretary of State may by regulations make provision excluding, in relation to prescribed activities done in relation to relevant material, the application of such of the provisions of this Chapter as are prescribed.
(4)Regulations under subsection (3) may in particular make provision prescribing activities—
(a)done for a prescribed purpose,
(b)done by prescribed descriptions of reader,
(c)done in relation to prescribed descriptions of relevant material,
(d)done other than in accordance with prescribed conditions.
(5)Regulations under this section may make different provision for different purposes.
(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section—
(a) “ the 2003 Act ” means the Legal Deposit Libraries Act 2003;
(b) “ deposit library ”, “ reader ” and “ relevant material ” have the same meaning as in section 7 of the 2003 Act;
(c) “ prescribed ” means prescribed by regulations made by the Secretary of State. ]
Textual Amendments
F164S. 44A inserted (1.2.2004) by Legal Deposit Libraries Act 2003 (c. 28), ss. 8(1), 16(1) (with s. 16(4)); S.I. 2004/130, art. 2
Textual Amendments
F165 S. 44B and cross-heading inserted (29.10.2014) by The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 (S.I. 2014/2861), regs. 1, 3(1)
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Textual Amendments
F166S. 44B omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 11 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
(1)Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.
(2)Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.
(1)Copyright is not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry.
(2)Copyright is not infringed by anything done for the purpose of reporting any such proceedings held in public; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.
(3)Copyright in a work is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the work or material from it.
(4)In this section—
“Royal Commission” includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the M1Northern Ireland Constitution Act 1973; and
“statutory inquiry” means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.
Marginal Citations
(1)Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public.
[F167(2)Where material is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that—
(a)the act is done by or with the authority of the appropriate person,
(b)the purpose of the act is—
(i)to enable the material to be inspected at a more convenient time or place, or
(ii)to otherwise facilitate the exercise of any right for the purpose of which the statutory requirement is imposed, and
(c)in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner.
(3)Where material which contains information about matters of general scientific, technical, commercial or economic interest is on a statutory register or is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that—
(a)the act is done by or with the authority of the appropriate person,
(b)the purpose of the act is to disseminate that information, and
(c)in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner.
(3A)This subsection applies to any of the following acts—
(a)copying the material,
(b)issuing copies of the material to the public, and
(c)making the material (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]
(4)The Secretary of State may by order provide that subsection (1), (2) or (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.
(5)The Secretary of State may by order provide that subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order—
(a)to material made open to public inspection by—
(i)an international organisation specified in the order, or
(ii)a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or
(b)to a register maintained by an international organisation specified in the order,
as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.
(6)In this section—
“appropriate person” means the person required to make the material open to public inspection or, as the case may be, the person maintaining the register;
“statutory register” means a register maintained in pursuance of a statutory requirement; and
“statutory requirement” means a requirement imposed by provision made by or under an enactment.
(7)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F167S. 47(2)-(3A) substituted for s. 47(2)(3) (1.6.2014) by The Copyright (Public Administration) Regulations 2014 (S.I. 2014/1385), regs. 1, 2(1)
Modifications etc. (not altering text)
C26S. 47(1) extended with modifications by S.I. 1989/1098, art. 2
C27S. 47(6) modified (1.3.2010) by The Scottish Register of Tartans Act 2008 (Consequential Modifications) Order 2010 (S.I. 2010/180), art. 2(2) (with art. 2(4))
C28S. 47(6) modified (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 3(3) (with art. 3(4))
(1)This section applies where a literary, dramatic, musical or artistic work has in the course of public business been communicated to the Crown for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Crown.
[F168(2)The Crown may, without infringing copyright in the work, do an act specified in subsection (3) provided that—
(a)the act is done for the purpose for which the work was communicated to the Crown, or any related purpose which could reasonably have been anticipated by the copyright owner, and
(b)the work has not been previously published otherwise than by virtue of this section.]
[F168(3)The acts referred to in subsection (2) are—
(a)copying the work,
(b)issuing copies of the work to the public, and
(c)making the work (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.]
(4)In subsection (1) “public business” includes any activity carried on by the Crown.
(5)This section has effect subject to any agreement to the contrary between the Crown and the copyright owner.
[F169(6) In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, [F170NHS England] [F171, an integrated care board established under section 14Z25 of the National Health Service Act 2006,] F172... , the Care Quality Commission F173... [F174, [F175the Health Services Safety Investigations Body,] the Health Research Authority] and a National Health Service trust established under [F176 section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ] or the National Health Service (Scotland) Act 1978 [F177 and an NHS foundation trust ] [F178 and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order ], and the reference in subsection (1) above to public business shall be construed accordingly. ]
Textual Amendments
F168S. 48(2)(3) substituted (1.6.2014) by The Copyright (Public Administration) Regulations 2014 (S.I. 2014/1385), regs. 1, 2(2)
F169S. 48(6) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 3
F170Words in s. 48 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F171Words in s. 48(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 26; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F172Words in s. 48(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 44(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F173Words in s. 48(6) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 5 (with reg. 7)
F174Words in s. 48(6) inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 25; S.I. 2014/2473, art. 5(m)
F175Words in s. 48(6) inserted (1.10.2023) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 15 para. 5; S.I. 2023/1035, reg. 2(c)
F176Words in s. 48(6) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 112(b) (with s. 5, Sch. 3 Pt. 1)
F177Words in s. 48(6) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 72; S.I. 2004/759, art. 2
F178Words in s. 48(6) inserted (1.4.1992) by S.I. 1991/194, art. 7(2), Sch. 2 Pt. I para. 3; S.R. 1991/131, art. 2(e), Sch. Pt. III
Modifications etc. (not altering text)
C29S. 48: functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch. (subject to reg. 5)
C30S. 48(6) modified (temp. from 1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), art. 3(3)
Material which is comprised in public records within the meaning of the M2Public Records Act 1958, the M3Public Records (Scotland) Act 1937 or the M4Public Records Act (Northern Ireland) 1923 [F179, or in Welsh public records (as defined in the [F180the Government of Wales Act 2006]),] which are open to public inspection in pursuance of that Act, may be copied, and a copy may be supplied to any person, by or with the authority of any officer appointed under that Act, without infringement of copyright.
Textual Amendments
F179Words in s. 49 inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 27 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F180Words in s. 49 substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 24 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
Marginal Citations
(1)Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe copyright.
(2)Subsection (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies in relation to an Act of Parliament.
(3)Nothing in this section shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.
Modifications etc. (not altering text)
C31S. 50 applied by Freedom of Information Act 2000 (c. 36), s. 80(3) (as added (1.1.2005) by The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/3089), art. 3(2))
C32S. 50(1) modified (1.3.2010) by The Scottish Register of Tartans Act 2008 (Consequential Modifications) Order 2010 (S.I. 2010/180), art. 2(3) (with art. 2(4))
C33S. 50(1) modified (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 3(3) (with art. 3(4))
Textual Amendments
F181Cross-heading and ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.
(2)For the purposes of this section and sections 50B [F183, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.
(3)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).
Textual Amendments
F182Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.
F183S. 50A(2): ", 50BA" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 15(2) (with regs. 31-40)
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program expressed in a low level language—
(a)to convert it into a version expressed in a higher level language, or
(b)incidentally in the course of so converting the program, to copy it,
(that is, to “decompile” it), provided that the conditions in subsection (2) are met.
(2)The conditions are that—
(a)it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the program decompiled or with another program (“the permitted objective”); and
(b)the information so obtained is not used for any purpose other than the permitted objective.
(3)In particular, the conditions in subsection (2) are not met if the lawful user—
(a)has readily available to him the information necessary to achieve the permitted objective;
(b)does not confine the decompiling to such acts as are necessary to achieve the permitted objective;
(c)supplies the information obtained by the decompiling to any person to whom it is not necessary to supply it in order to achieve the permitted objective; or
(d)uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by copyright.
(4)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).
Textual Amendments
F184Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.
(2)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).]
Textual Amendments
F185S. 50BA inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 15(1) (with regs. 31-40)
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to copy or adapt it, provided that the copying or adapting—
(a)is necessary for his lawful use; and
(b)is not prohibited under any term or condition of an agreement regulating the circumstances in which his use is lawful.
(2)It may, in particular, be necessary for the lawful use of a computer program to copy it or adapt it for the purpose of correcting errors in it.
(3)This section does not apply to any copying or adapting permitted under [F187section 50A, 50B or 50BA].]
Textual Amendments
F186Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.
F187Words in s. 50C(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 15(3) (with regs. 31-40)
Textual Amendments
F188S. 50D and crossheading inserted (1.1.1998) by S.I. 1997/3032, reg. 9 (with Pt. IV)
(1)It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database, (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database.
(2)Where an act which would otherwise infringe copyright in a database is permitted under this section, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296B, void).
Textual Amendments
F189S. 50D inserted (1.1.1998) by S.I. 1997/3032, reg. 9 (with Pt. IV)
(1)It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.
(2)Nor is it an infringement of the copyright to issue to the public, or include in a film [F190or communicate to the public], anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.
(3)In this section—
“design” means the design of F191...the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and
“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.
Textual Amendments
F190Words in s. 51(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(3) (with regs. 31-40)
F191Words in s. 51(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 1(2), 24(1); S.I. 2014/2330, art. 3, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F192S. 52 omitted (28.7.2016) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 74(2), 103(3); S.I. 2016/593, arts. 2(1), 3 (with arts. 4, 5)
(1)The copyright in an artistic work is not infringed by anything done—
(a)in pursuance of an assignment or licence made or granted by a person registered[F193 —
(i)]under the M5Registered Designs Act 1949 as the proprietor of a corresponding design, and[F194, or
(ii)under the Community Design Regulation as the right holder of a corresponding registered Community design]
(b)in good faith in reliance on the registration and without notice of any proceedings for the cancellation [F195or invalidation] of the registration or[F196, in a case of registration under the 1949 Act,] for rectifying the relevant entry in the register of designs;
and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the 1949 Act[F197 or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation].
(2)In subsection (1) a “corresponding design”, in relation to an artistic work, means a design within the meaning of the 1949 Act which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.
[F198(3) In subsection (1), a “ corresponding registered Community design ”, in relation to an artistic work, means a design within the meaning of the Community Design Regulation which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work. ]
[F199(4) In this section, “ the Community Design Regulation ” means Council Regulation ( EC ) No 6/2002 of 12 December 2001 on Community designs. ]
Textual Amendments
F193Word in s. 53(1)(a) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(2)(a), 24(1); S.I. 2014/2330, art. 3, Sch.
F194Words in s. 53(1)(a) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(2)(b), 24(1); S.I. 2014/2330, art. 3, Sch.
F195Words in s. 53(1)(b) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 16 (with transitional provisions in regs. 10-14)
F196Words in s. 53(1)(b) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(3), 24(1); S.I. 2014/2330, art. 3, Sch.
F197Words in s. 53(1) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(4), 24(1); S.I. 2014/2330, art. 3, Sch.
F198S. 53(3) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(5), 24(1); S.I. 2014/2330, art. 3, Sch.
F199S. 53(4) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(6), 24(1); S.I. 2014/2330, art. 3, Sch.
Marginal Citations
(1)It is not an infringement of copyright in an artistic work consisting of the design of a typeface—
(a)to use the typeface in the ordinary course of typing, composing text, typesetting or printing,
(b)to possess an article for the purpose of such use, or
(c)to do anything in relation to material produced by such use;
and this is so notwithstanding that an article is used which is an infringing copy of the work.
(2)However, the following provisions of this Part apply in relation to persons making, importing or dealing with articles specifically designed or adapted for producing material in a particular typeface, or possessing such articles for the purpose of dealing with them, as if the production of material as mentioned in subsection (1) did infringe copyright in the artistic work consisting of the design of the typeface—
section 24 (secondary infringement: making, importing, possessing or dealing with article for making infringing copy),
sections 99 and 100 (order for delivery up and right of seizure),
section 107(2) (offence of making or possessing such an article), and
section 108 (order for delivery up in criminal proceedings).
(3)The references in subsection (2) to “dealing with” an article are to selling, letting for hire, or offering or exposing for sale or hire, exhibiting in public, or distributing.
(1)This section applies to the copyright in an artistic work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.
(2)After the period of 25 years from the end of the calendar year in which the first such articles are marketed, the work may be copied by making further such articles, or doing anything for the purpose of making such articles, and anything may be done in relation to articles so made, without infringing copyright in the work.
(3)In subsection (1) “marketed” means sold, let for hire or offered or exposed for sale or hire, in the United Kingdom or elsewhere.
(1)This section applies where a copy of a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it.
(2)If there are no express terms—
(a)prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
(b)providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.
(3)The same applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.
(4)The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.
(1)Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—
(a)it is not possible by reasonable inquiry to ascertain the identity of the author, and
(b)it is reasonable to assume—
(i)that copyright has expired, or
(ii)that the author died [F20070 years] or more before the beginning of the calendar year in which the act is done or the arrangements are made.
(2)Subsection (1)(b)(ii) does not apply in relation to—
(a)a work in which Crown copyright subsists, or
(b)a work in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than [F20070 years].
(3)In relation to a work of joint authorship—
(a)the reference in subsection (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors, and
(b)the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.
Textual Amendments
F200Words in s. 57(1)(b)(ii)(2)(b) substituted (with saving) (1.1.1996) by S.I. 1995/3297, regs. 5(2), 15(2) (with Pt. III)
(1)Where a record of spoken words is made, in writing or otherwise, for the purpose—
(a)of reporting current events, or
(b)of [F201communicating to the public] the whole or part of the work,
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.
(2)The conditions are that—
(a)the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast F202. . . ;
(b)the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
(c)the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
(d)the use is by or with the authority of a person who is lawfully in possession of the record.
Textual Amendments
F201Words in s. 58(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 12(a) (with regs. 31-40)
F202Words in s. 58(2)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
(1)The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.
(2)Copyright in a work is not infringed by the making of a sound recording, or the [F203communication to the public], of a reading or recitation which by virtue of subsection (1) does not infringe copyright in the work, provided that the recording [F204or communication to the public] consists mainly of material in relation to which it is not necessary to rely on that subsection.
Textual Amendments
F203Words in s. 59(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 5(b) (with regs. 31-40)
F204Words in s. 59(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 9(1)(a) (with regs. 31-40)
(1)Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of it to the public.
(2)This section does not apply if or to the extent that there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
(1)A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a [F205body not established or conducted for profit] without infringing any copyright in the words as a literary work or in the accompanying musical work, provided the conditions in subsection (2) below are met.
(2)The conditions are that—
(a)the words are unpublished and of unknown authorship at the time the recording is made,
(b)the making of the recording does not infringe any other copyright, and
(c)its making is not prohibited by any performer.
[F206(3)A single copy of a sound recording made in reliance on subsection (1) and included in an archive referred to in that subsection may be made and supplied by the archivist without infringing copyright in the recording or the works included in it, provided that—
(a)the copy is supplied in response to a request from a person who has provided the archivist with a declaration in writing which includes the information set out in subsection (4), and
(b)the archivist is not aware that the declaration is false in a material particular.
(4)The information which must be included in the declaration is—
(a)the name of the person who requires the copy and the sound recording which is the subject of the request,
(b)a statement that the person has not previously been supplied with a copy of that sound recording by any archivist, and
(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.
(5)Where an archive makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(6)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—
(a)P is liable for infringement of copyright as if P had made the copy, and
(b)the copy supplied to P is to be treated as an infringing copy for all purposes.
(7)In this section references to an archivist include a person acting on behalf of an archivist.]
Textual Amendments
F205Words in s. 61(1) substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 7(1)
F206S. 61(3)-(7) substituted (1.6.2014) for s. 61(3)-(6) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 7(2)
(1)This section applies to—
(a)buildings, and
(b)sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.
(2)The copyright in such a work is not infringed by—
(a)making a graphic work representing it,
(b)making a photograph or film of it, or
(c)[F207making a broadcast of] a visual image of it.
(3)Nor is the copyright infringed by the issue to the public of copies, or the [F208communication to the public], of anything whose making was, by virtue of this section, not an infringement of the copyright.
Textual Amendments
F207Words in s. 62(2)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 14 (with regs. 31-40)
F208Words in s. 62(3)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 5(c) (with regs. 31-40)
(1)It is not an infringement of copyright in an artistic work to copy it, or to issue copies to the public, for the purpose of advertising the sale of the work.
(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire, offered or exposed for sale or hire, exhibited in public [F209, distributed or communicated to the public].
Textual Amendments
F209Words in s. 63(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 17 (with regs. 31-40)
Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by copying the work in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.
Anything done for the purposes of reconstructing a building does not infringe any copyright—
(a)in the building, or
(b)in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.
Textual Amendments
F210S. 66 and crossheading substituted (1.12.1996) by S.I. 1996/2967, reg. 11(3) (with Pt. III)
(1)The Secretary of State may by order provide that in such cases as may be specified in the order the lending to the public of copies of literary, dramatic, musical or artistic works, sound recordings or films shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal.
(2)No such order shall apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
(3)An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies lent, the lender or the circumstances of the lending.
(4)An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(5)Nothing in this section affects any liability under section 23 (secondary infringement: possessing or dealing with infringing copy) in respect of the lending of infringing copies.
Textual Amendments
F211S. 66 substituted (1.12.1996) by S.I. 1996/2967, reg. 11(3) (with Pt. III)
Textual Amendments
F212S. 66A and crossheading inserted (1.1.1996) by S.I. 1995/3297, reg. 6(2) (with Pt. III)
(1)Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—
(a)it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in section 13B(2)(a) to (d) (persons by reference to whose life the copyright period is ascertained), and
(b)it is reasonable to assume—
(i)that copyright has expired, or
(ii)that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.
(2)Subsection (1)(b)(ii) does not apply in relation to—
(a)a film in which Crown copyright subsists, or
(b)a film in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than 70 years.
Textual Amendments
F213S. 66A inserted (1.1.1996) by S.I. 1995/3297, reg. 6(2) (with Pt. III)
F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F214S. 67 omitted (1.1.2011) by virtue of The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 (S.I. 2010/2694), art. 3(1)
Textual Amendments
(1)This section applies where by virtue of a licence or assignment of copyright a person is authorised to broadcast F217. . . —
(a)a literary, dramatic or musical work, or an adaptation of such a work,
(b)an artistic work, or
(c)a sound recording or film.
(2)He shall by virtue of this section be treated as licensed by the owner of the copyright in the work to do or authorise any of the following for the purposes of the broadcast F217. . . —
(a)in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;
(b)in the case of an artistic work, to take a photograph or make a film of the work;
(c)in the case of a sound recording or film, to make a copy of it.
(3)That licence is subject to the condition that the recording, film, photograph or copy in question—
(a)shall not be used for any other purpose, and
(b)shall be destroyed within 28 days of being first used for broadcasting the work F217. . . .
(4)A recording, film, photograph or copy made in accordance with this section shall be treated as an infringing copy—
(a)for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and
(b)for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.
Textual Amendments
F216Words in s. 68 heading repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F217Words in s. 68(1)(2)(3)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
(1)Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them [F219or included in any on-demand programme service provided by them], of recordings of those programmes.
F220 [F221( 2 )Copyright is not infringed by anything done in pursuance of—
[F222(a)section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;]
(b) a condition which, [F223 by virtue of section 334(1) of the Communications Act 2003 ] , is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; F224 . . .
(c) a direction given under section 109(2) of the Broadcasting Act 1990 (power of [F225OFCOM] to require production of recordings etc ).
[F226(d)section 334(3) [F227, 368O(1) or (3)] of the Communications Act 2003.]
[F221(3) Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a)any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b)any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.]]
(4)In subsection (3), “existing material” means—
(a)any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b)any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
[F228(5)Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
(6) In this section “ on-demand programme service ” has the same meaning as in the Communications Act 2003 (see section 368A of that Act). ]
Textual Amendments
F218Words in s. 69 heading substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 2(1) (with regs. 31-40)
F219Words in s. 69(1) inserted (19.12.2009) by The Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), reg. 12(2)(a)
F220S. 69(2)(3) substituted (1.10.1996 for specified purposes and otherwise 1.4.1997) by 1996 c. 55, s. 148(1), Sch. 10 Pt. III para. 31 (with s. 43(6)); S.I. 1996/2120, art. 4, Sch. 1; S.I. 1997/1005, art. 4
F221S. 69(3)(4) substituted (29.12.2003) for s. 69(3) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(3) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F222S. 69(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F223Words in s. 69(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F224Word in s. 69(2)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F225Words in s. 69(2)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(c) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F226S. 69(2)(d) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 91(2)(d) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F227Words in s. 69(2)(d) inserted (19.12.2009) by The Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), reg. 12(2)(b)
F228S. 69(5)(6) inserted (19.12.2009) by The Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), reg. 12(2)(c)
Modifications etc. (not altering text)
C34S. 69 modified (20.7.2004) The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 9(1)(2) (with reg. 5)
[F229(1)]The making [F230 in domestic premises] for private and domestic use of a recording of a broadcast F231. . . solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast F231. . . or in any work included in it.
[F232(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—
(a)it shall be treated as an infringing copy for the purposes of that dealing; and
(b)if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.
(3) In subsection (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public. ]
Textual Amendments
F229S. 70 renumbered (31.10.2003) as s. 70(1) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 19(1) (with regs. 31-40)
F230Words in s. 70(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 19(2) (with regs. 31-40)
F231Words in s. 70(1) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F232S. 70(2)(3) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 19(2) (with regs. 31-40)
(1)The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any copyright in the broadcast or in any film included in it.
(2)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—
(a)it shall be treated as an infringing copy for the purposes of that dealing; and
(b)if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.
(3) In subsection (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public. ]
Textual Amendments
F233S. 71 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(1) (with regs. 31-40)
(1)The showing or playing in public of a broadcast F235. . . to an audience who have not paid for admission to the place where the broadcast F235. . . is to be seen or heard does not infringe any copyright in—
[F236(a)the broadcast; [F237or]
(b)any sound recording (except so far as it is an excepted sound recording) included in it F238...
F239(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F240(1A)For the purposes of this Part an “excepted sound recording” is a sound recording—
(a)whose author is not the author of the broadcast in which it is included; and
(b)which is a recording of music with or without words spoken or sung.
(1B)Where by virtue of subsection (1) the copyright in a broadcast shown or played in public is not infringed, copyright in any [F241film or] excepted sound recording included in it is not infringed if the playing or showing of that broadcast in public—
(a)F242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)is necessary for the purposes of—
(i)repairing equipment for the reception of broadcasts;
(ii)demonstrating that a repair to such equipment has been carried out; or
(iii)demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.]
(2)The audience shall be treated as having paid for admission to a place—
(a)if they have paid for admission to a place of which that place forms part; or
(b)if goods or services are supplied at that place (or a place of which it forms part)—
(i)at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F243. . . , or
(ii)at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3)The following shall not be regarded as having paid for admission to a place—
(a)persons admitted as residents or inmates of the place;
(b)persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F244. . . is only incidental to the main purposes of the club or society.
(4)Where the making of the broadcast F245. . . was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast F245. . . shall be taken into account in assessing the damages for that infringement.
Textual Amendments
F234Words in s. 72 heading repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F235Words in S. 72(1) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F236S. 72(1)(a)-(c) substituted (31.10.2003) for s. 72(1)(a)(b) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(1)(a) (with regs. 31-40)
F237Word in s. 72(1)(a) inserted (15.6.2016) by The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 (S.I. 2016/565), regs. 1, 3(a)
F238Word in s. 72(1)(b) omitted (15.6.2016) by virtue of The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 (S.I. 2016/565), regs. 1, 3(b)
F239S. 72(1)(c) omitted (15.6.2016) by virtue of The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 (S.I. 2016/565), regs. 1, 3(c)
F240S. 72(1A)(1B) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(1)(b) (with regs. 31-40)
F241Words in s. 72(1B) inserted (15.6.2016) by The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 (S.I. 2016/565), regs. 1, 3(d)
F242S. 72(1B)(a) omitted (1.1.2011) by virtue of The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 (S.I. 2010/2694), art. 4(1)
F243Words in S. 72(2)(b)(i) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F244Words in S. 72(3)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
F245Words in S. 72(4) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F246S. 73 repealed (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 34(1)(a), 118(6); S.I. 2017/765, reg. 2(n)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F247S. 73A repealed (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 34(1)(a), 118(6); S.I. 2017/765, reg. 2(n)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F248S. 74 repealed (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 8 Table
(1)A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any copyright in the broadcast or in any work included in it.
(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.]
Textual Amendments
F249S. 75 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 8(1)
An act which by virtue of this Chapter may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.
Textual Amendments
F250Pt. 1 Ch. 3A inserted (29.10.2014) by The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 (S.I. 2014/2861), regs. 1, 3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F251S. 76A omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 12 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
(1)The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 78.
(2)The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever—
(a)the work is published commercially, performed in public [F252or communicated to the public]; or
(b)copies of a film or sound recording including the work are issued to the public;
and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.
(3)The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever—
(a)the work is published commercially;
(b)copies of a sound recording of the work are issued to the public; or
(c)a film of which the sound-track includes the work is shown in public or copies of such a film are issued to the public;
and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.
(4)The author of an artistic work has the right to be identified whenever—
(a)the work is published commercially or exhibited in public, or a visual image of it is [F253communicated to the public];
(b)a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or
(c)in the case of a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, copies of a graphic work representing it, or of a photograph of it, are issued to the public.
(5)The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.
(6)The director of a film has the right to be identified whenever the film is shown in public [F252or communicated to the public] or copies of the film are issued to the public.
(7)The right of the author or director under this section is—
(a)in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy,
(b)in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and
(c)in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, showing [F254or communication to the public] in question;
and the identification must in each case be clear and reasonably prominent.
(8)If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used.
(9)This section has effect subject to section 79 (exceptions to right).
Textual Amendments
F252Words in s. 77(2)(a)(6) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(1)(a)(b) (with regs. 31-40)
F253Words in s. 77(4)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(2)(a) (with regs. 31-40)
F254Words in s. 77(7)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 9(1)(b) (with regs. 31-40)
(1)A person does not infringe the right conferred by section 77 (right to be identified as author or director) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act.
(2)The right may be asserted generally, or in relation to any specified act or description of acts—
(a)on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his right to be identified, or
(b)by instrument in writing signed by the author or director.
(3)The right may also be asserted in relation to the public exhibition of an artistic work—
(a)by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or under his direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached, or
(b)by including in a licence by which the author or other first owner of copyright authorises the making of copies of the work a statement signed by or on behalf of the person granting the licence that the author asserts his right to be identified in the event of the public exhibition of a copy made in pursuance of the licence.
(4)The persons bound by an assertion of the right under subsection (2) or (3) are—
(a)in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through him, whether or not he has notice of the assertion;
(b)in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought;
(c)in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible;
(d)in the case of an assertion under subsection (3)(b), the licensee and anyone into whose hands a copy made in pursuance of the licence comes, whether or not he has notice of the assertion.
(5)In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.
(1)The right conferred by section 77 (right to be identified as author or director) is subject to the following exceptions.
(2)The right does not apply in relation to the following descriptions of work—
(a)a computer program;
(b)the design of a typeface;
(c)any computer-generated work.
(3)The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally [F255 vested in the author’s or director’s employer by virtue of section 11(2) (works produced in the course of employment).]
(4)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a)section 30 (fair dealing for certain purposes), so far as it relates to the reporting of current events by means of a sound recording, film [F256or broadcast];
(b)section 31 (incidental inclusion of work in an artistic work, sound recording, film [F256or broadcast]);
F257(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)section 45 (parliamentary and judicial proceedings);
(e)section 46(1) or (2) (Royal Commissions and statutory inquiries);
(f)section 51 (use of design documents and models);
F258(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)[F259section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)];
[F260(4A)The right is also not infringed by any act done for the purposes of an examination which by virtue of any provision of Chapter 3 of Part 1 would not infringe copyright.]
(5)The right does not apply in relation to any work made for the purpose of reporting current events.
(6)The right does not apply in relation to the publication in—
(a)a newspaper, magazine or similar periodical, or
(b)an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
(7)The right does not apply in relation to—
(a)a work in which Crown copyright or Parliamentary copyright subsists, or
(b)a work in which copyright originally vested in an international organisation by virtue of section 168,
unless the author or director has previously been identified as such in or on published copies of the work.
Textual Amendments
F255Words in s. 79(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 18(1) (with regs. 31-40)
F256Words in s. 79(4)(a)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(g)(h) (with regs. 31-40)
F257S. 79(4)(c) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 4(a)
F258S. 79(4)(g) omitted (28.7.2016) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 74(3)(a), 103(3); S.I. 2016/593, arts. 2(1), 3 (with arts. 4, 5)
F259Words in s. 79(4) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)
F260S. 79(4A) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 4(b)
(1)The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.
(2)For the purposes of this section—
(a)“treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than—
(i)a translation of a literary or dramatic work, or
(ii)an arrangement or transcription of a musical work involving no more than a change of key or register; and
(b)the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;
and in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.
(3)In the case of a literary, dramatic or musical work the right is infringed by a person who—
(a)publishes commercially, performs in public [F261or communicates to the public] a derogatory treatment of the work; or
(b)issues to the public copies of a film or sound recording of, or including, a derogatory treatment of the work.
(4)In the case of an artistic work the right is infringed by a person who—
(a)publishes commercially or exhibits in public a derogatory treatment of the work, [F262or communicates to the public] a visual image of a derogatory treatment of the work,
(b)shows in public a film including a visual image of a derogatory treatment of the work or issues to the public copies of such a film, or
(c)in the case of—
(i)a work of architecture in the form of a model for a building,
(ii)a sculpture, or
(iii)a work of artistic craftsmanship,
issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.
(5)Subsection (4) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment he has the right to require the identification to be removed.
(6)In the case of a film, the right is infringed by a person who—
(a)shows in public [F261or communicates to the public] a derogatory treatment of the film; or
(b)issues to the public copies of a derogatory treatment of the film,
F263. . .
(7)The right conferred by this section extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.
(8)This section has effect subject to sections 81 and 82 (exceptions to and qualifications of right).
Textual Amendments
F261Words in s. 80(3)(a)(6)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 10(1) (with regs. 31-40)
F262Words in s. 80(4)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 13(2) (with regs. 31-40)
F263Words in s. 80(6) omitted (1.1.1996) by virtue of S.I. 1995/3297, reg. 9(2) (with Pt. III)
(1)The right conferred by section 80 (right to object to derogatory treatment of work) is subject to the following exceptions.
(2)The right does not apply to a computer program or to any computer-generated work.
(3)The right does not apply in relation to any work made for the purpose of reporting current events.
(4)The right does not apply in relation to the publication in—
(a)a newspaper, magazine or similar periodical, or
(b)an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.
(5)The right is not infringed by an act which by virtue of [F264section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)] would not infringe copyright.
(6)The right is not infringed by anything done for the purpose of—
(a)avoiding the commission of an offence,
(b)complying with a duty imposed by or under an enactment, or
(c)in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,
provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.
Textual Amendments
F264Words in s. 81(5) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)
(1)This section applies to—
(a)works in which copyright originally vested in the author’s [F265 or director's] employer by virtue of section 11(2) (works produced in course of employment) F266. . .
(b)works in which Crown copyright or Parliamentary copyright subsists, and
(c)works in which copyright originally vested in an international organisation by virtue of section 168.
(2)The right conferred by section 80 (right to object to derogatory treatment of work) does not apply to anything done in relation to such a work by or with the authority of the copyright owner unless the author or director—
(a)is identified at the time of the relevant act, or
(b)has previously been identified in or on published copies of the work;
and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.
Textual Amendments
F265Words in s. 82(1)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 18(2) (with regs. 31-40)
F266Words in s. 82(1)(a) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2, Sch. 1 para. 18(2), Sch. 2 (with regs. 31-40)
(1)The right conferred by section 80 (right to object to derogatory treatment of work) is also infringed by a person who—
(a)possesses in the course of a business, or
(b)sells or lets for hire, or offers or exposes for sale or hire, or
(c)in the course of a business exhibits in public or distributes, or
(d)distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,
an article which is, and which he knows or has reason to believe is, an infringing article.
(2)An “infringing article” means a work or a copy of a work which—
(a)has been subjected to derogatory treatment within the meaning of section 80, and
(b)has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right.
(1)A person has the right in the circumstances mentioned in this section—
(a)not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, and
(b)not to have a film falsely attributed to him as director;
and in this section an “attribution”, in relation to such a work, means a statement (express or implied) as to who is the author or director.
(2)The right is infringed by a person who—
(a)issues to the public copies of a work of any of those descriptions in or on which there is a false attribution, or
(b)exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution.
(3)The right is also infringed by a person who—
(a)in the case of a literary, dramatic or musical work, performs the work in public [F267or communicates it to the public] as being the work of a person, or
(b)in the case of a film, shows it in public [F267or communicates it to the public] as being directed by a person,
knowing or having reason to believe that the attribution is false.
(4)The right is also infringed by the issue to the public or public display of material containing a false attribution in connection with any of the acts mentioned in subsection (2) or (3).
(5)The right is also infringed by a person who in the course of a business—
(a)possesses or deals with a copy of a work of any of the descriptions mentioned in subsection (1) in or on which there is a false attribution, or
(b)in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,
knowing or having reason to believe that there is such an attribution and that it is false.
(6)In the case of an artistic work the right is also infringed by a person who in the course of a business—
(a)deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author, or
(b)deals with a copy of such a work as being a copy of the unaltered work of the author,
knowing or having reason to believe that that is not the case.
(7)References in this section to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, or distributing.
(8)This section applies where, contrary to the fact—
(a)a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person, or
(b)a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,
as it applies where the work is falsely attributed to a person as author.
Textual Amendments
F267Words in s. 84(3)(a)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 10(2) (with regs. 31-40)
(1)A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have—
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
(c) the work [F268communicated to the public];
and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.
(2)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a)section 31 (incidental inclusion of work in an artistic work, film [F269or broadcast]);
(b)section 45 (parliamentary and judicial proceedings);
(c)section 46 (Royal Commissions and statutory inquiries);
(d)section 50 (acts done under statutory authority);
(e)[F270section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)].
Textual Amendments
F268Words in s. 85(1)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(2)(b) (with regs. 31-40)
F269Words in s. 85(2)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(i) (with regs. 31-40)
F270Words in s. 85(2) substituted (1.1.1996) by S.I. 1995/3297, reg. 6(3) (with Pt. III)
(1)The rights conferred by section 77 (right to be identified as author or director), section 80 (right to object to derogatory treatment of work) and section 85 (right to privacy of certain photographs and films) continue to subsist so long as copyright subsists in the work.
(2)The right conferred by section 84 (false attribution) continues to subsist until 20 years after a person’s death.
(1)It is not an infringement of any of the rights conferred by this Chapter to do any act to which the person entitled to the right has consented.
(2)Any of those rights may be waived by instrument in writing signed by the person giving up the right.
(3)A waiver—
(a)may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and
(b)may be conditional or unconditional and may be expressed to be subject to revocation;
and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed.
(4)Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights mentioned in subsection (1).
(1)The right conferred by section 77 (right to be identified as author or director) is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with section 78 by each joint author in relation to himself.
(2)The right conferred by section 80 (right to object to derogatory treatment of work) is, in the case of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the treatment in question.
(3)A waiver under section 87 of those rights by one joint author does not affect the rights of the other joint authors.
(4)The right conferred by section 84 (false attribution) is infringed, in the circumstances mentioned in that section—
(a)by any false statement as to the authorship of a work of joint authorship, and
(b)by the false attribution of joint authorship in relation to a work of sole authorship;
and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.
(5)The above provisions also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.
A film is “jointly directed” if it is made by the collaboration of two or more directors and the contribution of each director is not distinct from that of the other director or directors.
(6)The right conferred by section 85 (right to privacy of certain photographs and films) is, in the case of a work made in pursuance of a joint commission, a right of each person who commissioned the making of the work, so that—
(a)the right of each is satisfied if he consents to the act in question, and
(b)a waiver under section 87 by one of them does not affect the rights of the others.
(1)The rights conferred by section 77 (right to be identified as author or director) and section 85 (right to privacy of certain photographs and films) apply in relation to the whole or any substantial part of a work.
(2)The rights conferred by section 80 (right to object to derogatory treatment of work) and section 84 (false attribution) apply in relation to the whole or any part of a work.
Modifications etc. (not altering text)
C35Pt. 1 Ch. V applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
(1)Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
(2)An assignment or other transmission of copyright may be partial, that is, limited so as to apply—
(a)to one or more, but not all, of the things the copyright owner has the exclusive right to do;
(b)to part, but not the whole, of the period for which the copyright is to subsist.
(3)An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.
(4)A licence granted by a copyright owner is binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.
Modifications etc. (not altering text)
C36Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection.
(2)In this Part—
“future copyright” means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event; and
“prospective owner” shall be construed accordingly, and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1).
(3)A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.
Modifications etc. (not altering text)
C37Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)In this Part an “exclusive licence” means a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner.
(2)The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
Modifications etc. (not altering text)
C38Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to—
(a)an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator, or
(b)an original material thing containing a sound recording or film which was not published before the death of the testator,
the bequest shall, unless a contrary intention is indicated in the testator’s will or a codicil to it, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.
Modifications etc. (not altering text)
C39Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)Where an agreement concerning film production is concluded between an author and a film producer, the author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the author’s work in the film.
(2)In this section “author” means an author, or prospective author, of a literary, dramatic, musical or artistic work.
(3)Subsection (1) does not apply to any rental right in relation to the film arising by virtue of the inclusion in the film of the screenplay, the dialogue or music specifically created for and used in the film.
(4)Where this section applies, the absence of signature by or on behalf of the author does not exclude the operation of section 91(1) (effect of purported assignment of future copyright).
(5)The reference in subsection (1) to an agreement concluded between an author and a film producer includes any agreement having effect between those persons, whether made by them directly or through intermediaries.
(6)Section 93B (right to equitable remuneration on transfer of rental right) applies where there is a presumed transfer by virtue of this section as in the case of an actual transfer.]
Textual Amendments
F271S. 93A inserted (1.12.1996) by S.I. 1996/2967, reg. 12 (with Pt. III)
Modifications etc. (not altering text)
C40S. 93A applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 32(1) (with Pt. III)
Textual Amendments
F272S. 93B and crossheading inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)
(1)Where an author to whom this section applies has transferred his rental right concerning a sound recording or a film to the producer of the sound recording or film, he retains the right to equitable remuneration for the rental.
The authors to whom this section applies are—
(a)the author of a literary, dramatic, musical or artistic work, and
(b)the principal director of a film.
(2)The right to equitable remuneration under this section may not be assigned by the author except to a collecting society for the purpose of enabling it to enforce the right on his behalf.
The right is, however, transmissible by testamentary disposition or by operation of law as personal or moveable property; and it may be assigned or further transmitted by any person into whose hands it passes.
(3)Equitable remuneration under this section is payable by the person for the time being entitled to the rental right, that is, the person to whom the right was transferred or any successor in title of his.
(4)The amount payable by way of equitable remuneration is as agreed by or on behalf of the persons by and to whom it is payable, subject to section 93C (reference of amount to Copyright Tribunal).
(5)An agreement is of no effect in so far as it purports to exclude or restrict the right to equitable remuneration under this section.
(6)References in this section to the transfer of rental right by one person to another include any arrangement having that effect, whether made by them directly or through intermediaries.
(7)In this section a “collecting society” means a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration under this section on behalf of more than one author.
Textual Amendments
F273S. 93B inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)
Modifications etc. (not altering text)
C41S. 93B applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 32(2) (with Pt. III)
C42S. 93B restricted (1.12.1996) by S.I. 1996/2967, reg. 33 (with Pt. III)
(1)In default of agreement as to the amount payable by way of equitable remuneration under section 93B, the person by or to whom it is payable may apply to the Copyright Tribunal to determine the amount payable.
(2)A person to or by whom equitable remuneration is payable under that section may also apply to the Copyright Tribunal—
(a)to vary any agreement as to the amount payable, or
(b)to vary any previous determination of the Tribunal as to that matter; but except with the special leave of the Tribunal no such application may be made within twelve months from the date of a previous determination.
An order made on an application under this subsection has effect from the date on which it is made or such later date as may be specified by the Tribunal.
(3)On an application under this section the Tribunal shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as it may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the author to the film or sound recording.
(4)Remuneration shall not be considered inequitable merely because it was paid by way of a single payment or at the time of the transfer of the rental right.
(5)An agreement is of no effect in so far as it purports to prevent a person questioning the amount of equitable remuneration or to restrict the powers of the Copyright Tribunal under this section.]
Textual Amendments
F274S. 93C inserted (1.12.1996) by S.I. 1996/2967, reg. 14(1) (with Pt. III)
The rights conferred by Chapter IV (moral rights) are not assignable.
(1)On the death of a person entitled to the right conferred by section 77 (right to identification of author or director), section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films)—
(a)the right passes to such person as he may by testamentary disposition specifically direct,
(b)if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom the copyright passes, and
(c)if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by his personal representatives.
(2)Where copyright forming part of a person’s estate passes in part to one person and in part to another, as for example where a bequest is limited so as to apply—
(a)to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorise, or
(b)to part, but not the whole, of the period for which the copyright is to subsist,
any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.
(3)Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person—
(a)it may, in the case of the right conferred by section 77 (right to identification of author or director), be asserted by any of them;
(b)it is, in the case of the right conferred by section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question; and
(c)any waiver of the right in accordance with section 87 by one of them does not affect the rights of the others.
(4)A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1).
(5)Any infringement after a person’s death of the right conferred by section 84 (false attribution) is actionable by his personal representatives.
(6)Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
Modifications etc. (not altering text)
C43Pt. 1 Ch. VI applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17 (with Pt. III)
(1)An infringement of copyright is actionable by the copyright owner.
(2)In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
(3)This section has effect subject to the following provisions of this Chapter.
Modifications etc. (not altering text)
C44Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
(2)The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—
(a)the flagrancy of the infringement, and
(b)any benefit accruing to the defendant by reason of the infringement,
award such additional damages as the justice of the case may require.
Modifications etc. (not altering text)
C45Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.
(2)In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—
(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and
(b)the extent to which any notice includes—
(i)the full name and address of the sender of the notice;
(ii)details of the infringement in question.
(3) In this section “ service provider ” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002. ]
Textual Amendments
F275S. 97A inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 27(1) (with regs. 31-40)
(1)If in proceedings for infringement of copyright in respect of which a licence is available as of right under section 144 (powers exercisable in consequence of report of [F276Competition and Markets Authority]) the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Copyright Tribunal under that section—
(a)no injunction shall be granted against him,
(b)no order for delivery up shall be made under section 99, and
(c)the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.
(2)An undertaking may be given at any time before final order in the proceedings, without any admission of liability.
(3)Nothing in this section affects the remedies available in respect of an infringement committed before licences of right were available.
Textual Amendments
F276Words in s. 98(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 56 (with art. 3)
Modifications etc. (not altering text)
C46Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)Where a person—
(a)has an infringing copy of a work in his possession, custody or control in the course of a business, or
(b)has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,
the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.
(2)An application shall not be made after the end of the period specified in section 113 (period after which remedy of delivery up not available); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 114 (order as to disposal of infringing copy or other article).
(3)A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section 114 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
(4)Nothing in this section affects any other power of the court.
Modifications etc. (not altering text)
C47S. 99 extended by S.I. 1991/724, art. 2(1)(n)
(1)An infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 99, may be seized and detained by him or a person authorised by him.
The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 114.
(2)Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station.
(3)A person may for the purpose of exercising the right conferred by this section enter premises to which the public have access but may not seize anything in the possession, custody or control of a person at a permanent or regular place of business of his, and may not use any force.
(4)At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made.
(5)In this section—
“premises” includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft; and “prescribed” means prescribed by order of the Secretary of State.
(6)An order of the Secretary of State under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
(2)His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.
(3)In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.
Modifications etc. (not altering text)
C48Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
(1)A non-exclusive licensee may bring an action for infringement of copyright if—
(a)the infringing act was directly connected to a prior licensed act of the licensee; and
(b)the licence—
(i)is in writing and is signed by or on behalf of the copyright owner; and
(ii)expressly grants the non-exclusive licensee a right of action under this section.
(2)In an action brought under this section, the non-exclusive licensee shall have the same rights and remedies available to him as the copyright owner would have had if he had brought the action.
(3)The rights granted under this section are concurrent with those of the copyright owner and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.
(4)In an action brought by a non-exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.
(5)Subsections (1) to (4) of section 102 shall apply to a non-exclusive licensee who has a right of action by virtue of this section as it applies to an exclusive licensee.
(6) In this section a “ non-exclusive licensee ” means the holder of a licence authorising the licensee to exercise a right which remains exercisable by the copyright owner. ]
Textual Amendments
F277S. 101A inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 28 (with regs. 31-40)
(1)Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.
(2)A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.
(3)The above provisions do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.
(4)Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—
(a)the court shall in assessing damages take into account—
(i)the terms of the licence, and
(ii)any pecuniary remedy already awarded or available to either of them in respect of the infringement;
(b)no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
(c)the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;
and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.
(5)The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 99 (order for delivery up) or exercising the right conferred by section 100 (right of seizure); and the court may on the application of the licensee make such order under section 99 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 100, as it thinks fit having regard to the terms of the licence.
Modifications etc. (not altering text)
C49Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
C50S. 102(5) extended by S.I.1991/724, art. 2(1)(n)
(1)An infringement of a right conferred by Chapter IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.
(2)In proceedings for infringement of the right conferred by section 80 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.
(1)The following presumptions apply in proceedings brought by virtue of this Chapter with respect to a literary, dramatic, musical or artistic work.
(2)Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared shall be presumed, until the contrary is proved—
(a)to be the author of the work;
(b)to have made it in circumstances not falling within section 11(2), 163, 165 or 168 (works produced in course of employment, Crown copyright, Parliamentary copyright or copyright of certain international organisations).
(3)In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.
(4)Where no name purporting to be that of the author appeared as mentioned in subsection (2) but—
(a)the work qualifies for copyright protection by virtue of section 155 (qualification by reference to country of first publication), and
(b)a name purporting to be that of the publisher appeared on copies of the work as first published,
the person whose name appeared shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.
(5)If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, in the absence of evidence to the contrary—
(a)that the work is an original work, and
(b)that the plaintiff’s allegations as to what was the first publication of the work and as to the country of first publication are correct.
(1)In proceedings brought by virtue of this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating—
(a)that a named person was the owner of copyright in the recording at the date of issue of the copies, or
(b)that the recording was first published in a specified year or in a specified country,
the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(2)In proceedings brought by virtue of this Chapter with respect to a film, where copies of the film as issued to the public bear a statement—
(a)that a named person was the [F278director or producer] of the film,
F279[(aa)that a named person was the principal director, the author of the screenplay, the author of the dialogue or the composer of music specifically created for and used in the film,]
(b)that a named person was the owner of copyright in the film at the date of issue of the copies, or
(c)that the film was first published in a specified year or in a specified country,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(3)In proceedings brought by virtue of this Chapter with respect to a computer program, where copies of the program are issued to the public in electronic form bearing a statement—
(a)that a named person was the owner of copyright in the program at the date of issue of the copies, or
(b)that the program was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(4)The above presumptions apply equally in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued to the public.
(5)In proceedings brought by virtue of this Chapter with respect to a film, where the film as shown in public [F280or communicated to the public] bears a statement—
(a)that a named person was the [F278director or producer] of the film, or
F281[(aa)that a named person was the principal director of the film, the author of the screenplay, the author of the dialogue or the composer of music specifically created for and used in the film, or,]
(b)that a named person was the owner of copyright in the film immediately after it was made,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.
F282[(6)For the purposes of this section, a statement that a person was the director of a film shall be taken, unless a contrary indication appears, as meaning that he was the principal director of the film.]
Textual Amendments
F278Words in s. 105(2)(a)(5)(a) substituted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(4)(a), 36 (with Pt. III)
F279S. 105(2)(aa) inserted (1.1.1996) by S.I. 1995/3297, Pt. II reg. 5(4) (with Pt. III)
F280Words in s. 105(5) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(1)(c) (with regs. 31-40)
F281S. 105(5)(aa) inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, reg. 18(4)(b) (with Pt. III)
F282S. 105(6) added (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, reg. 18(4)(c) (with Pt. III)
In proceedings brought by virtue of this Chapter with respect to a literary, dramatic or musical work in which Crown copyright subsists, where there appears on printed copies of the work a statement of the year in which the work was first published commercially, that statement shall be admissible as evidence of the fact stated and shall be presumed to be correct in the absence of evidence to the contrary.
(1)A person commits an offence who, without the licence of the copyright owner—
(a)makes for sale or hire, or
(b)imports into the United Kingdom otherwise than for his private and domestic use, or
(c)possesses in the course of a business with a view to committing any act infringing the copyright, or
(d)in the course of a business —
(i)sells or lets for hire, or
(ii)offers or exposes for sale or hire, or
(iii)exhibits in public, or
(iv)distributes, or
(e)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
(2)A person commits an offence who—
(a)makes an article specifically designed or adapted for making copies of a particular copyright work, or
(b)has such an article in his possession,
knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.
[F283(2A)A person (“P”) who infringes copyright in a work by communicating the work to the public commits an offence if P—
(a)knows or has reason to believe that P is infringing copyright in the work, and
(b)either—
(i)intends to make a gain for P or another person, or
(ii)knows or has reason to believe that communicating the work to the public will cause loss to the owner of the copyright, or will expose the owner of the copyright to a risk of loss.
(2B)For the purposes of subsection (2A)—
(a)“gain” and “loss”—
(i)extend only to gain or loss in money, and
(ii)include any such gain or loss whether temporary or permanent, and
(b)“loss” includes a loss by not getting what one might get.]
(3)Where copyright is infringed (otherwise than by reception of a [F284communication to the public])—
(a)by the public performance of a literary, dramatic or musical work, or
(b)by the playing or showing in public of a sound recording or film,
any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.
(4)A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable—
(a)on summary conviction to imprisonment for a term not exceeding six months or [F285a fine], or both;
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding [F286ten] years, or both.
[F287(4A)A person guilty of an offence under subsection (2A) is liable—
(a)on summary conviction to imprisonment for a term not exceeding three months or [F288a fine], or both;
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding [F289ten] years, or both.]
(5)A person guilty of any other offence under this section is liable on summary conviction to imprisonment for a term not exceeding [F290three] months or a fine not exceeding level 5 on the standard scale, or both.
(6)Sections 104 to 106 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section; but without prejudice to their application in proceedings for an order under section 108 below.
Textual Amendments
F283S. 107(2A)(2B) substituted for s. 107(2A) (1.10.2017) by Digital Economy Act 2017 (c. 30), ss. 32(2), 118(6) (with s. 32(6)); S.I. 2017/765, reg. 3(a)
F284Words in s. 107(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 9(2) (with regs. 31-40)
F285Words in s. 107(4)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 17(2)(a) (with reg. 5(1))
F286Word in s. 107(4)(b) substituted (20.11.2002) by 2002 c. 25, s. 1(2)(5); S.I. 2002/2749, art. 2
F287S. 107(4A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(1)(b) (with regs. 31-40)
F288Words in s. 107(4A)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 17(2)(b) (with reg. 5(1))
F289Word in s. 107(4A)(b) substituted (1.10.2017) by Digital Economy Act 2017 (c. 30), ss. 32(3), 118(6) (with s. 32(6)); S.I. 2017/765, reg. 3(a)
F290Word in s. 107(5) substituted (1.1.2011) by The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 (S.I. 2010/2694), art. 5
(1)It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107.
F292(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
F293...
[F294(3A)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.]
(4)Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5)Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.]
Textual Amendments
F291S. 107A inserted (6.4.2007) by 1994 c. 33, ss. 165(2), 172(2); S.I. 2007/621, art. 2
F292S. 107A(2) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 49(2); S.I. 2015/1630, art. 3(i) (with art. 8)
F293Words in s. 107A(3) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 49(3); S.I. 2015/1630, art. 3(i) (with art. 8)
F294S. 107A(3A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 49(4); S.I. 2015/1630, art. 3(i)
(1)The court before which proceedings are brought against a person for an offence under section 107 may, if satisfied that at the time of his arrest or charge—
(a)he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or
(b)he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,
order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct.
(2)For this purpose a person shall be treated as charged with an offence—
(a)in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
(b)in Scotland, when he is cautioned, charged or served with a complaint or indictment.
(3)An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made—
(a)after the end of the period specified in section 113 (period after which remedy of delivery up not available), or
(b)if it appears to the court unlikely that any order will be made under section 114 (order as to disposal of infringing copy or other article).
(4)An appeal lies from an order made under this section by a magistrates’ court—
(a)in England and Wales, to the Crown Court, and
(b)in Northern Ireland, to the county court;
and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.
(5)A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, undersection 114.
(6)Nothing in this section affects the powers of the court under [F295section 153 of the Sentencing Code ], [F296Part II of the Proceeds of Crime (Scotland) Act 1995] or [F297Article 11 of the Criminal Justice (Northern Ireland) Order 1994] (general provisions as to forfeiture in criminal proceedings).
Textual Amendments
F295Words in s. 108(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 95 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F296Words in s. 108(6) substituted (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 70(2)
F297Words in s. 108(6) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15), art. 26(1), Sch. 2 para. 13; S.R. 1994/446, art. 2
(1)Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—
(a)that an offence under [F298section 107(1), (2) or (2A)] has been or is about to be committed in any premises, and
(b)that evidence that such an offence has been or is about to be committed is in those premises,
he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
(2)The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the M6Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material).
(3)A warrant under this section—
(a)may authorise persons to accompany any constable executing the warrant, and
(b)remains in force for [F299three months] from the date of its issue.
(4)In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that any offence under [F300section 107(1), (2) or (2A)] has been or is about to be committed.
(5)In this section “premises” includes land, buildings [F301fixed or], moveable structures, vehicles, vessels, aircraft and hovercraft.
Textual Amendments
F298Words in s. 109(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(2)(i) (with regs. 31-40)
F299Words in s. 109(3)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174(1), 178, Sch. 16 para. 6(2); S.I. 2005/3495, art. 2(1)(s) (subject to art. 2(2))
F300Words in s. 109(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(2)(ii) (with regs. 31-40)
F301Words in s. 109(5) inserted (20.11.2002) by 2002 c. 25, s. 2(2)(c); S.I. 2002/2749, art. 2
Modifications etc. (not altering text)
C51S. 109(4): power of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2) Sch. 1 Pt. 1 para. 48; S.I. 2003/708, art. 2
S. 109(4) modified (E.W.N.I.) (1.4.2003) by 2001 c. 16, ss. 55, 68, 138(2), Sch. 1 Pt. 3 para. 106 (with s. 57(3)); S.I. 2003/708, art. 2
Marginal Citations
(1)Where an offence under section 107 committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.
(1)The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Commissioners of Customs and Excise—
(a)that he is the owner of the copyright in the work, and
(b)that he requests the Commissioners, for a period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies.
(2)The period specified in a notice under subsection (1) shall not exceed five years and shall not extend beyond the period for which copyright is to subsist.
(3)The owner of the copyright in a sound recording or film may give notice in writing to the Commissioners of Customs and Excise—
(a)that he is the owner of the copyright in the work,
(b)that infringing copies of the work are expected to arrive in the United Kingdom at a time and a place specified in the notice, and
(c)that he requests the Commissioners to treat the copies as prohibited goods.
[F302(3A)The Commissioners may treat as prohibited goods only infringing copies of works which arrive in the United Kingdom—
(a)from outside the European Economic Area, or
(b)from within that Area but not having been entered for free circulation.
[F303(3B)This section does not apply to goods placed in, or expected to be placed in, one of the situations referred to in Article 1(1), in respect of which an application may be made under [F304Article 3 of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights].]]
(4)When a notice is in force under this section the importation of goods to which the notice relates, otherwise than by a person for his private and domestic use, [F305subject to subsections (3A) and (3B), is prohibited]; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.
Textual Amendments
F302S. 111(3A)(3B) inserted (1.7.1995) by S.I. 1995/1445, reg. 2(2)
F303S. 111(3B) substituted (1.7.2004) by The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 (S.I. 2004/1473), reg. 12 (with reg. 2(2)(3))
F304Words in s. 111(3B) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 9
F305Words in s. 111(4) substituted (1.7.1995) by S.I. 1995/1445, reg. 2(3)
(1)The Commissioners of Customs and Excise may make regulations prescribing the form in which notice is to be given under section 111 and requiring a person giving notice—
(a)to furnish the Commissioners with such evidence as may be specified in the regulations, either on giving notice or when the goods are imported, or at both those times, and
(b)to comply with such other conditions as may be specified in the regulations.
(2)The regulations may, in particular, require a person giving such a notice—
(a)to pay such fees in respect of the notice as may be specified by the regulations;
(b)to give such security as may be so specified in respect of any liability or expense which the Commissioners may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained;
(c)to indemnify the Commissioners against any such liability or expense, whether security has been given or not.
(3)The regulations may make different provision as respects different classes of case to which they apply and may include such incidental and supplementary provisions as the Commissioners consider expedient.
(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F306S. 112(5) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50(6), 52(2), 53(1), Sch. 4 para. 38, Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)
(1)An application for an order under section 99 (order for delivery up in civil proceedings) may not be made after the end of the period of six years from the date on which the infringing copy or article in question was made, subject to the following provisions.
(2)If during the whole or any part of that period the copyright owner—
(a)is under a disability, or
(b)is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
(3)In subsection (2) “disability”—
(a)in England and Wales, has the same meaning as in the M7Limitation Act 1980;
(b)in Scotland, means legal disability within the meaning of the M8Prescription and Limitation (Scotland) Act 1973;
(c)in Northern Ireland, has the same meaning as in the M9Statute of Limitations (Northern Ireland) 1958.
(4)An order under section 108 (order for delivery up in criminal proceedings) shall not, in any case, be made after the end of the period of six years from the date on which the infringing copy or article in question was made.
(1)An application may be made to the court for an order that an infringing copy or other article delivered up in pursuance of an order under section 99 or 108, or seized and detained in pursuance of the right conferred by section 100, shall be—
(a)forfeited to the copyright owner, or
(b)destroyed or otherwise dealt with as the court may think fit,
or for a decision that no such order should be made.
(2)In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of copyright would be adequate to compensate the copyright owner and to protect his interests.
(3)Provision shall be made by rules of court as to the service of notice on persons having an interest in the copy or other articles, and any such person is entitled—
(a)to appear in proceedings for an order under this section, whether or not he was served with notice, and
(b)to appeal against any order made, whether or not he appeared;
and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
(4)Where there is more than one person interested in a copy or other article, the court shall make such order as it thinks just and may (in particular) direct that the article be sold, or otherwise dealt with, and the proceeds divided.
(5)If the court decides that no order should be made under this section, the person in whose possession, custody or control the copy or other article was before being delivered up or seized is entitled to its return.
(6)References in this section to a person having an interest in a copy or other article include any person in whose favour an order could be made in respect of it
[F307(a)under this section or under section 204 or 231 of this Act;
(b)under section 24D of the Registered Designs Act 1949;
(c)under section 19 of Trade Marks Act 1994 F308...; or
(d)under regulation 1C of the Community Design Regulations 2005 (SI 2005/2339).]
Textual Amendments
F307Words in s. 114(6) substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(1), Sch. 2 para. 7
F308Words in s. 114(6)(c) omitted (31.12.2020) by virtue of The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 5 para. 2; 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C52S. 114 extended by S.I. 1991/724, art. 2(1)(n)
(1)In England and Wales or Northern Ireland where there have come into the possession of any person in connection with the investigation or prosecution of a relevant offence—
(a)infringing copies of a copyright work, or
(b)articles specifically designed or adapted for making copies of a particular copyright work,
that person may apply under this section for an order for the forfeiture of the infringing copies or articles.
(2)For the purposes of this section “relevant offence” means—
(a)an offence under [F310section 107(1), (2) or (2A)] (criminal liability for making or dealing with infringing articles, etc.),
(b)an offence under the Trade Descriptions Act 1968 (c. 29),
[F311(ba)an offence under the Business Protection from Misleading Marketing Regulations 2008,
(bb)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or]
(c)an offence involving dishonesty or deception.
(3)An application under this section may be made—
(a)where proceedings have been brought in any court for a relevant offence relating to some or all of the infringing copies or articles, to that court, or
(b)where no application for the forfeiture of the infringing copies or articles has been made under paragraph (a), by way of complaint to a magistrates’ court.
(4)On an application under this section, the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.
(5)A court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(6)Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a)in England and Wales, to the Crown Court, or
(b)in Northern Ireland, to the county court.
(7)An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).
(8)Subject to subsection (9), where any infringing copies or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
(9)On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.]
Textual Amendments
F309Ss. 114A, 114B inserted (20.11.2002) by 2002 c. 25, s. 3; S.I. 2002/2749, art. 2
F310Words in s. 114A(2)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(2)(iii) (with regs. 31-40)
F311S. 114A(2)(ba)(bb) and word substituted (26.5.2008) for word by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 40 (with reg. 28(2)(3))
(1)In Scotland the court may make an order under this section for the forfeiture of any—
(a)infringing copies of a copyright work, or
(b)articles specifically designed or adapted for making copies of a particular copyright work.
(2)An order under this section may be made—
(a)on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or
(b)where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.
(3)On an application under subsection (2)(a), the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.
(4)The court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5)The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the infringing copies or articles to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.
(6)Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.
(7)Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, infringing copies or articles to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.
(8)The court shall not make an order following an application under subsection (2)(a)—
(a)if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or
(b)if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice.
(9)Where an order for the forfeiture of any infringing copies or articles is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why infringing copies or articles should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.
(10)Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 (c. 46) shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.
(11)An order following an application under subsection (2)(a) shall not take effect—
(a)until the end of the period of 21 days beginning with the day after the day on which the order is made, or
(b)if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned.
(12)An order under subsection (2)(b) shall not take effect—
(a)until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995, or
(b)if an appeal is made within that period, until the appeal is determined or abandoned.
(13)Subject to subsection (14), infringing copies or articles forfeited under this section shall be destroyed in accordance with such directions as the court may give.
(14)On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.
(15)For the purposes of this section—
[F313“relevant offence” means—
an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc),
an offence under the Trade Descriptions Act 1968,
an offence under the Business Protection from Misleading Marketing Regulations 2008,
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
any offence involving dishonesty or deception;]
“the court” means—
in relation to an order made on an application under subsection (2)(a), the sheriff, and
in relation to an order made under subsection (2)(b), the court which imposed the penalty.
Textual Amendments
F312Ss. 114A, 114B inserted (20.11.2002) by 2002 c. 25, s. 3; S.I. 2002/2749, art. 2
F313Words in s. 114B(15) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 41 (with reg. 28(2)(3))
(1)In England [F314and Wales the county court and in] Northern Ireland a county court may entertain proceedings under—
section 99 (order for delivery up of infringing copy or other article),
section 102(5) (order as to exercise of rights by copyright owner where exclusive licensee has concurrent rights), or
section 114 (order as to disposal of infringing copy or other article),
[F315save that, in Northern Ireland, a county court may entertain such proceedings only] where the value of the infringing copies and other articles in question does not exceed the county court limit for actions in tort.
(2)In Scotland proceedings for an order under any of those provisions may be brought in the sheriff court.
(3)Nothing in this section shall be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.
Textual Amendments
F314Words in s. 115(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 72; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F315Words in s. 115(1) inserted by S.I. 1991/724, art. 2(8), Schedule Pt. I
Modifications etc. (not altering text)
C53Pt. 1 Ch. VII applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
(1)In this Part a “licensing scheme” means a scheme setting out—
(a)the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences, and
(b)the terms on which licences would be granted in those classes of case;
and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
(2)In this Chapter a “licensing body” means
[F316(a)a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences covering works of more than one author] [F317, or,
(b)any other organisation which is a collective management organisation as defined by regulation 2 of the Collective Management of Copyright (EU Directive) Regulations 2016].
(3)In this section “copyright licences” means licences to do, or authorise the doing of, any of the acts restricted by copyright.
(4)References in this Chapter to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only—
(a)a single collective work or collective works of which the authors are the same, or
(b)works made by, or by employees of or commissioned by, a single individual, firm, company or group of companies.
For this purpose a group of companies means a holding company and its subsidiaries, within the meaning of [F318section 1159 of the Companies Act 2006].
[F319(5)Schedule A1 confers powers to provide for the regulation of licensing bodies.]
Textual Amendments
F316Words in s. 116(2) renumbered as s. 116(2)(a) (10.4.2016) by The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 44(a)
F317S. 116(2)(b) and word inserted (10.4.2016) by The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 44(b)
F318Words in s. 116(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1),