C10C11C12C13C14C15C16C17C18C19C20C21C22C25C28C30C32C31C26C27C29C34C33 Part I Copyright

Annotations:
Modifications etc. (not altering text)
C10

Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)

C11

Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)

C12

Pt. 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)

C13

Pt. 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)

C14

Pt. 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 (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)

C16

Pt. 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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))

C17

Pt. 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)

C18

Pt. 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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))

C19

Pt. 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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))

C20

Pt. 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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))

C21

Pt. 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))

C22

Pt. 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))

C25

Pt. 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)

C34

Pt. 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), 8 (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))

C33

Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

C7C8C9 Chapter III Acts Permitted in relation to Copyright Works

Annotations:
Modifications etc. (not altering text)
C7

Pt. I Ch. III (ss. 28–76) amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)

C8

Pt. I Ch. III (ss. 28-76) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)

C9

Pt. I Ch. III (ss. 28-76) continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33, (with regs. 31-40)

Public administration

45 Parliamentary and judicial proceedings.

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.

46 Royal Commissions and statutory inquiries.

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.

47 Material open to public inspection or on official register.

C11

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.

F82

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.

C2C236

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.

C348 Material communicated to the Crown in the course of public business.

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.

F92

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.

F93

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.

C4F16

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, F12NHS EnglandF13, an integrated care board established under section 14Z25 of the National Health Service Act 2006,F7... , the Care Quality Commission F11, Health Education England F10, the Health Research Authority and a National Health Service trust established under F2 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 F3 and an NHS foundation trust F4 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.

49 Public records.

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 F5, or in Welsh public records (as defined in the F6the 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.

C550 Acts done under statutory authority.

C6C241

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.