C8C9C10C11C12C13C14C15C16C17C18Part I Copyright

Annotations:
Modifications etc. (not altering text)
C8

Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)

C9

Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)

C10

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)

C11

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)

C12

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 (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)

C14

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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))

C15

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)

C16

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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))

C17

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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))

C18

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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))

Chapter X Miscellaneous and General

Interpretation

C1172 General provisions as to construction.

1

This Part restates and amends the law of copyright, that is, the provisions of the M1Copyright Act 1956, as amended.

2

A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.

3

Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.

F1F2C2172A Meaning of EEA and related expressions.

1

In this Part—

  • “the EEA” means the European Economic Area;

  • EEA national” means a national of an EEA state; and

  • EEA state” means a state which is a contracting party to the EEA Agreement.

2

References in this Part to a person being an EEA national shall be construed in relation to a body corporate as references to its being incoporated under the law of an EEA state.

3

The “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.

C3173 Construction of references to copyright owner.

1

Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.

2

Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.

C4174 Meaning of “educational establishment” and related expressions.

1

The expression “educational establishment” in a provision of this Part means—

a

any school, and

b

any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State.

2

The Secretary of State may by order provide that the provisions of this Part relating to educational establishments shall apply, with such modifications and adaptations as may be specified in the order, in relation to teachers who are employed by a local education authority to give instruction elsewhere to pupils who are unable to attend an educational establishment.

3

In subsection (1)(a) “school”—

a

in relation to England and Wales, has the same meaning as in F3the Education Act 1996;

b

in relation to Scotland, has the same meaning as in the M2Education (Scotland) Act 1962, except that it includes an approved school within the meaning of the M3Social Work (Scotland) Act 1968; and

c

in relation to Northern Ireland, has the same meaning as in the M4Education and Libraries (Northern Ireland) Order 1986.

4

An order under subsection (1)(b) may specify a description of educational establishment by reference to the instruments from time to time in force under any enactment specified in the order.

5

In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.

6

References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.

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.

C5175 Meaning of publication and commercial publication.

1

In this Part “publication”, in relation to a work—

a

means the issue of copies to the public, and

b

includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

2

In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means—

a

issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or

b

making the work available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

3

In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.

4

The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly—

a

in the case of a literary, dramatic or musical work—

i

the performance of the work, or

ii

the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

b

in the case of an artistic work—

i

the exhibition of the work,

ii

the issue to the public of copies of a graphic work representing, or of photographs 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,

iii

the issue to the public of copies of a film including the work, or

iv

the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

c

in the case of a sound recording or film—

i

the work being played or shown in public, or

ii

the broadcasting of the work or its inclusion in a cable programme service.

5

References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.

6

No account shall be taken for the purposes of this section of any unauthorised act.

C6176 Requirement of signature: application in relation to body corporate.

1

The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—

  • section 78(3)(b) (assertion by licensor of right to identification of author in case of public exhibition of copy made in pursuance of the licence),

  • section 90(3) (assignment of copyright),

  • section 91(1) (assignment of future copyright),

  • section 92(1) (grant of exclusive licence).

2

The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—

  • section 78(2)(b) (assertion by instrument in writing of right to have author identified),

  • section 87(2) (waiver of moral rights).

C7177 Adaptation of expressions for Scotland.

In the application of this Part to Scotland—

  • account of profits” means accounting and payment of profits;

  • accounts” means count, reckoning and payment;

  • assignment” means assignation;

  • costs” means expenses;

  • defendant” means defender;

  • delivery up” means delivery;

  • estoppel” means personal bar;

  • injunction” means interdict;

  • interlocutory relief” means interim remedy; and

  • plaintiff” means pursuer.

C19178 Minor definitions.

In this Part—

  • “article", in the context of an article in a periodical, includes an item of any description;

  • “business"includes a trade or profession;

  • collective work” means—

a

a work of joint authorship, or

b

a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

  • computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

  • “country" includes any territory;

  • “the Crown" includes the Crown in right of Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;

  • electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

  • “employed", “employee", “employer", and “employment" refer to employment under a contract of service or of apprenticeship;

  • “facsimile copy" includes a copy which is reduced or enlarged in scale;

  • international organisation” means an organisation the members of which include one or more states;

  • “judicial proceedings"includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;

  • “parliamentary proceedings" includes proceedings of the Northern Ireland Assembly or of the European Parliament;

  • F4“producer", in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;

  • F5“public library" means a library administered by or on behalf of—

    1. a

      in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964;

    2. b

      in Scotland, a statutory library authority within the meaning of the Public Libraries (Scotland) Act 1955;

    3. c

      in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern Ireland) Order 1986;

    F6. . .

  • F7“rental right" means the right of a copyright owner to authorise or prohibit the rental of copies of the work (see section 18A);

    • “reprographic copy" and “reprographic copying" refer to copying by means of a reprographic process;

    • reprographic process” means a process—

    1. a

      for making facsimile copies, or

    2. b

      involving the use of an appliance for making multiple copies,

    • and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

    • sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—

    1. a

      in the case of a published work, it is published anonymously;

    2. b

      in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

    • sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication—

    1. a

      given at the time of the act, and

    2. b

      if the author or director is then identified, appearing along with the identification,

    • that the work has been subjected to treatment to which the author or director has not consented,

    • telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

    • “typeface" includes an ornamental motif used in printing;

    • unauthorised”, as regards anything done in relation to a work, means done otherwise than—

    1. a

      by or with the licence of the copyright owner, or

    2. b

      if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or

    3. c

      in pursuance of section 48 (copying, &c of certain material by the Crown);

    • wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose F8, but does not include the transmission of microwave energy between terrestrial fixed points;

    • “writing" includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written" shall be construed accordingly

C20179 Index of defined expressions.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—

account of profits and accounts (in Scotland)

section 177

acts restricted by copyright

section 16(1)

adaptation

section 21(3)

archivist (in sections 37 to 43)

section 37(6)

article (in a periodical)

section 178

artistic work

section 4(1)

assignment (in Scotland)

section 177

author

sections 9 and 10(3)

broadcast (and related expressions)

section 6

building

section 4(2)

business

section 178

cable programme, cable programme service (and related expressions)

section 7

collective work

section 178

commencement (in Schedule 1)

paragraph 1(2) of that Schedule

commercial publication

section 175

computer-generated

section 178

copy and copying

section 17

copyright (generally)

section 1

copyright (in Schedule 1)

paragraph 2(2) of that Schedule

copyright owner

sections 101(2) and 173

Copyright Tribunal

section 145

copyright work

section 1(2)

costs (in Scotland)

section 177

country

section 178

F9country of origin

F9section 15A.

the Crown

section 178

Crown copyright

sections 163(2) and 164(3)

F10database

F10section 3A(1)

defendant (in Scotland)

section 177

delivery up (in Scotland)

section 177

dramatic work

section 3(1)

educational establishment

sections 174(1) to (4)

electronic and electronic form

section 178

employed, employee, employer and employment

section 178

exclusive licence

section 92(1)

F11EEA,F12EEA national and EEA state

F12section 172A

existing works (in Schedule 1)

paragraph 1(3) of that Schedule

facsimile copy

section 178

film

F13section 5B

future copyright

section 91(2)

general licence (in sections 140 and 141)

section 140(7)

graphic work

section 4(2)

infringing copy

section 27

injunction (in Scotland)

section 177

interlocutory relief (in Scotland)

section 177

international organisation

section 178

issue of copies to the public

F14section 18

joint authorship (work of)

sections 10(1) and (2)

judicial proceedings

section 178

F15lawful user (in sections 50A to 50C)

F15section 50A(2).

F16lending

F16section 18A(2) to (6)

librarian (in sections 37 to 43)

section 37(6)

licence (in sections 125 to 128)

section 124

licence of copyright owner

sections 90(4), 91(3) and 173

licensing body (in Chapter VII)

section 116(2)

licensing scheme (generally)

section 116(1)

licensing scheme (in sections 118 to 121)

section 117

literary work

section 3(1)

made (in relation to a literary, dramatic or musical work)

section 3(2)

musical work

section 3(1)

F17needletime

F17section 135A

the new copyright provisions (in Schedule 1)

paragraph 1(1) of that Schedule

the 1911 Act (in Schedule 1)

paragraph 1(1) of that Schedule

the 1956 Act (in Schedule 1)

paragraph 1(1) of that Schedule

on behalf of (in relation to an educational establishment)

section 174(5)

F10original (in relation to a database)

F10section 3A(2)

Parliamentary copyright

sections 165(2) and (7) and 166(6)

parliamentary proceedings

section 178

performance

section 19(2)

photograph

section 4(2)

plaintiff (in Scotland)

section 177

prescribed conditions (in sections 38 to 43)

section 37(1)(b)

prescribed library or archive (in sections 38 to 43)

section 37(1)(a)

F18producer (in relation to a sound recording or film

F18section 178.

programme (in the context of broadcasting)

section 6(3)

prospective owner (of copyright)

section 91(2)

F19public library

F19section 178.

publication and related expressions

section 175

published edition (in the context of copyright in the typographical arrangement)

section 8

pupil

section 174(5)

rental

F20section18A(2) to (6)

F16rental right

F16section 178.

reprographic copies and repographic copying

section 178

reprographic process

section 178

sculpture

section 4(2)

signed

section 176

sound recording

F21sections 5A and 135A

sufficient acknowledgement

section 178

sufficient disclaimer

section 178

teacher

section 174(5)

telecommunications system

section 178

F17terms of payment

F17section 135A

typeface

section 178

unauthorised (as regards things done in relation to a work)

section 178

unknown (in relation to the author of a work)

section 9(5)

unknown authorship (work of)

section 9(4)

wireless telegraphy

section 178

work (in Schedule 1)

paragraph 2(1) of that Schedule

work of more than one author (in Chapter VII)

section 116(4)

writing and written

section 178