C13C14C15C16C17C18C19C20C21C22C23C24C25C26C28C29C27Part I Copyright
Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
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)
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)
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 (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
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)
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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
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))
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))
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)
Pt. 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)
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), 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)
Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)
Chapter X Miscellaneous and General
Crown and Parliamentary copyright
163 Crown copyright.
1
Where a work is made by Her Majesty or by an officer or servant of the Crown in the course of his duties—
a
the work qualifies for copyright protection notwithstanding section 153(1) (ordinary requirement as to qualification for copyright protection), and
b
Her Majesty is the first owner of any copyright in the work.
1A
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Copyright in such a work is referred to in this Part as “Crown copyright”, notwithstanding that it may be, or have been, assigned to another person.
3
Crown copyright in a literary, dramatic, musical or artistic work continues to subsist—
a
until the end of the period of 125 years from the end of the calendar year in which the work was made, or
b
if the work is published commercially before the end of the period of 75 years from the end of the calendar year in which it was made, until the end of the period of 50 years from the end of the calendar year in which it was first so published.
4
In the case of a work of joint authorship where one or more but not all of the authors are persons falling within subsection (1), this section applies only in relation to those authors and the copyright subsisting by virtue of their contribution to the work.
5
Except as mentioned above, and subject to any express exclusion elsewhere in this Part, the provisions of this Part apply in relation to Crown copyright as to other copyright.
6
164 Copyright in Acts and Measures.
1
2
The copyright subsists
F7a
in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and
b
in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council.
3
References in this Part to Crown copyright (except in section 163) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Crown copyright.
4
No other copyright, or right in the nature of copyright, subsists in an Act or Measure.
C1C2165 Parliamentary copyright.
1
Where a work is made by or under the direction or control of the House of Commons or the House of Lords—
a
the work qualifies for copyright protection notwithstanding section 153(1) (ordinary requirement as to qualification for copyright protection), and
b
the House by whom, or under whose direction or control, the work is made is the first owner of any copyright in the work, and if the work is made by or under the direction or control of both Houses, the two Houses are joint first owners of copyright.
2
Copyright in such a work is referred to in this Part as “Parliamentary copyright”, notwithstanding that it may be, or have been, assigned to another person.
3
Parliamentary copyright in a literary, dramatic, musical or artistic work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the work was made.
4
For the purposes of this section, works made by or under the direction or control of the House of Commons or the House of Lords include—
a
any work made by an officer or employee of that House in the course of his duties, and
b
any sound recording, film F8or live broadcast of the proceedings of that House;
but a work shall not be regarded as made by or under the direction or control of either House by reason only of its being commissioned by or on behalf of that House.
5
In the case of a work of joint authorship where one or more but not all of the authors are acting on behalf of, or under the direction or control of, the House of Commons or the House of Lords, this section applies only in relation to those authors and the copyright subsisting by virtue of their contribution to the work.
6
Except as mentioned above, and subject to any express exclusion elsewhere in this Part, the provisions of this Part apply in relation to Parliamentary copyright as to other copyright.
7
The provisions of this section also apply, subject to any exceptions or modifications specified by Order in Council, to works made by or under the direction or control of any other legislative body of a country to which this Part extends; and references in this Part to “Parliamentary copyright” shall be construed accordingly.
8
A statutory instrument containing an Order in Council under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
166 Copyright in Parliamentary Bills.
1
Copyright in every Bill introduced into Parliament belongs, in accordance with the following provisions, to one or both of the Houses of Parliament.
2
Copyright in a public Bill belongs in the first instance to the House into which the Bill is introduced, and after the Bill has been carried to the second House to both Houses jointly, and subsists from the time when the text of the Bill is handed in to the House in which it is introduced.
3
Copyright in a private Bill belongs to both Houses jointly and subsists from the time when a copy of the Bill is first deposited in either House.
4
Copyright in a personal Bill belongs in the first instance to the House of Lords, and after the Bill has been carried to the House of Commons to both Houses jointly, and subsists from the time when it is given a First Reading in the House of Lords.
5
Copyright under this section ceases—
a
on Royal Assent, or
b
if the Bill does not receive Royal Assent, on the withdrawal or rejection of the Bill or the end of the Session:
Provided that, copyright in a Bill continues to subsist notwithstanding its rejection in any Session by the House of Lords if, by virtue of the Parliament Acts 1911 and 1949, it remains possible for it to be presented for Royal Assent in that Session.
6
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
7
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having passed in one Session, is reintroduced in a subsequent Session.
166AF9 Copyright in Bills of the Scottish Parliament.
1
Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body.
2
Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction—
a
until the Bill receives Royal Assent, or
b
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament.
166BF10 Copyright in Bills of the Northern Ireland Assembly.
1
Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.
2
Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
a
until the Bill receives Royal Assent, or
b
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.
166CF11Copyright in proposed Measures of the National Assembly for Wales
1
Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
2
Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction—
a
until the proposed Assembly Measure is approved by Her Majesty in Council, or
b
if the proposed Assembly Measure is not approved by Her Majesty in Council, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly.
166DCopyright in Bills of the National Assembly for Wales
1
Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
2
Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
a
until the Bill receives Royal Assent, or
b
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.
167 Houses of Parliament: supplementary provisions with respect to copyright.
1
For the purposes of holding, dealing with and enforcing copyright, and in connection with all legal proceedings relating to copyright, each House of Parliament shall be treated as having the legal capacities of a body corporate, which shall not be affected by a prorogation or dissolution.
2
The functions of the House of Commons as owner of copyright shall be exercised by the Speaker on behalf of the House; and if so authorised by the Speaker, or in case of a vacancy in the office of Speaker, those functions may be discharged by the Chairman of Ways and Means or a Deputy Chairman.
3
For this purpose a person who on the dissolution of Parliament was Speaker of the House of Commons, Chairman of Ways and Means or a Deputy Chairman may continue to act until the corresponding appointment is made in the next Session of Parliament.
4
The functions of the House of Lords as owner of copyright shall be exercised by the Clerk of the Parliaments on behalf of the House; and if so authorised by him, or in case of a vacancy in the office of Clerk of the Parliaments, those functions may be discharged by the Clerk Assistant or the Reading Clerk.
5
Legal proceedings relating to copyright—
a
shall be brought by or against the House of Commons in the name of “The Speaker of the House of Commons”; and
b
shall be brought by or against the House of Lords in the name of “The Clerk of the Parliaments”.
Other miscellaneous provisions
168 Copyright vesting in certain international organisations.
1
Where an original literary, dramatic, musical or artistic work—
a
is made by an officer or employee of, or is published by, an international organisation to which this section applies, and
b
does not qualify for copyright protection under section 154 (qualification by reference to author) or section 155 (qualification by reference to country of first publication),
copyright nevertheless subsists in the work by virtue of this section and the organisation is first owner of that copyright.
2
The international organisations to which this section applies are those as to which Her Majesty has by Order in Council declared that it is expedient that this section should apply.
3
Copyright of which an international organisation is first owner by virtue of this section continues to subsist until the end of the period of 50 years from the end of the calendar year in which the work was made or such longer period as may be specified by Her Majesty by Order in Council for the purpose of complying with the international obligations of the United Kingdom.
4
An international organisation to which this section applies shall be deemed to have, and to have had at all material times, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.
5
A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
169 Folklore, &c.: anonymous unpublished works.
1
Where in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country outside the United Kingdom, it shall be presumed until the contrary is proved that he was such a qualifying individual and that copyright accordingly subsists in the work, subject to the provisions of this Part.
2
If under the law of that country a body is appointed to protect and enforce copyright in such works, Her Majesty may by Order in Council designate that body for the purposes of this section.
3
A body so designated shall be recognised in the United Kingdom as having authority to do in place of the copyright owner anything, other than assign copyright, which it is empowered to do under the law of that country; and it may, in particular, bring proceedings in its own name.
4
A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In subsection (1) a “qualifying individual” means an individual who at the material time (within the meaning of section 154) was a person whose works qualified under that section for copyright protection.
6
This section does not apply if there has been an assignment of copyright in the work by the author of which notice has been given to the designated body; and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him.
Transitional provisions and savings
170 Transitional provisions and savings.
F531
Schedule 1 contains transitional provisions and savings relating to works made, and acts or events occurring, before the commencement of this Part, and otherwise with respect to the operation of the provisions of this Part.
F542
The Secretary of State may by regulations amend Schedule 1 to reduce the duration of copyright in existing works which are unpublished, other than photographs or films.
F623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
“ Existing works ” has the same meaning as in Schedule 1.
5
Regulations under subsection (2) may—
a
make different provision for different purposes;
b
make supplementary or transitional provision;
c
make consequential provision, including provision amending any enactment or subordinate legislation passed or made before that subsection comes into force.
6
The power to make regulations under subsection (2) is exercisable by statutory instrument.
7
A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.
171 Rights and privileges under other enactments or the common law.
C31
Nothing in this Part affects—
a
any right or privilege of any person under any enactment (except where the enactment is expressly repealed, amended or modified by this Act);
b
any right or privilege of the Crown subsisting otherwise than under an enactment;
c
any right or privilege of either House of Parliament;
d
the right of the Crown or any person deriving title from the Crown to sell, use or otherwise deal with articles forfeited under the laws relating to customs and excise;
e
the operation of any rule of equity relating to breaches of trust or confidence.
2
Subject to those savings, no copyright or right in the nature of copyright shall subsist otherwise than by virtue of this Part or some other enactment in that behalf.
C33
Nothing in this Part affects any rule of law preventing or restricting the enforcement of copyright, on grounds of public interest or otherwise.
4
Nothing in this Part affects any right of action or other remedy, whether civil or criminal, available otherwise than under this Part in respect of acts infringing any of the rights conferred by Chapter IV (moral rights).
5
The savings in subsection (1) have effect subject to section 164(4) and section 166(7) (copyright in Acts, Measures and Bills: exclusion of other rights in the nature of copyright).
Interpretation
C4172 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.
C5F12F13172A Meaning of EEA and related expressions.
F141
In this Part—
“ the EEA ” means the European Economic Area; and
“ EEA state ” means a member State, Iceland, Liechtenstein or Norway.
F632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6173 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.
C7174 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 F16local authority (as defined in section 579(1) of the Education Act 1996) or (in Northern Ireland) 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 F17the Education Act 1996;
b
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.
C8175 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 F18communication to the public of the work (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 F18communication to the public of the work (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 F18communication to the public of the work.
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.
C9176 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).
C10177 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.
C11178 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;
- a
“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 F19the Scottish Administration F20, of the Welsh Assembly Government or 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;
F64“national of the United Kingdom” means—
- a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,
- b
a person who under the British Nationality Act 1981 is a British subject,
- c
a British protected person within the meaning of that Act, or
- d
a body incorporated under the law of any part of the United Kingdom.
- a
“parliamentary proceedings” includes proceedings of the Northern Ireland Assembly F21of the Scottish ParliamentF22, of the New Northern Ireland Assembly or of the European Parliament F23and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006;
F24 “ private study ” does not include any study which is directly or indirectly for a commercial purpose;
F25“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;
F26“public library” means a library administered by or on behalf of—
- a
in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964;
- b
in Scotland, a statutory library authority within the meaning of the Public Libraries (Scotland) Act 1955;
- c
in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
- a
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28“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—
- a
for making facsimile copies, or
- 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;
- a
“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—
- a
in the case of a published work, it is published anonymously;
- 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;
- a
“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—
- a
given at the time of the act, and
- 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,
- a
“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—
- a
by or with the licence of the copyright owner, or
- 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
- c
in pursuance of section 48 (copying, &c of certain material by the Crown);
- a
F29 “ wireless broadcast ” means a broadcast by means of wireless telegraphy;
“wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose F30, 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
C12179 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)—
F59accessible copy (in sections 31A to 31F) | section 31F(4) |
account of profits and accounts (in Scotland) | section 177 |
acts restricted by copyright | section 16(1) |
adaptation | section 21(3) |
F61. . . | F61. . . |
F55archivist (in sections 40A to 43) | section 43A(5) |
article (in a periodical) | section 178 |
artistic work | section 4(1) |
assignment (in Scotland) | section 177 |
author | sections 9 and 10(3) |
F60authorised body (in sections 31B to 31BB) | section 31F(6) |
broadcast (and related expressions) | section 6 |
building | section 4(2) |
business | section 178 |
F31. . . | F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
collective work | section 178 |
commencement (in Schedule 1) | paragraph 1(2) of that Schedule |
commercial publication | section 175 |
F33communication to the public | section 20 |
computer-generated | section 178 |
F57conducted for profit (in sections 40A to 43) | section 43A(4) |
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 |
F34country of origin | F34section 15A. |
the Crown | section 178 |
Crown copyright | sections 163(2) and 164(3) |
F57curator (in sections 40A to 43) | section 43A(5) |
F35database | F35section 3A(1) |
defendant (in Scotland) | section 177 |
delivery up (in Scotland) | section 177 |
F60disabled person (in sections 31A to 31F) | section 31F(2) and (3) |
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 |
F36excepted sound recording | section 72(1A) |
exclusive licence | section 92(1) |
F38section 172A | |
existing works (in Schedule 1) | paragraph 1(3) of that Schedule |
facsimile copy | section 178 |
film | F39section 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 | F40section 18 |
joint authorship (work of) | sections 10(1) and (2) |
judicial proceedings | section 178 |
F41lawful user (in sections 50A to 50C) | F41section 50A(2). |
F42lending | F42section 18A(2) to (6) |
F56librarian (in sections 40A to 43 | section 43A(5) |
F57library (in sections 40A to 43) | section 43A(2) |
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) |
F57museum (in sections 40A to 43) | section 43A(3) |
musical work | section 3(1) |
F66national of the United Kingdom | section 178 |
F43needletime | F43section 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) |
F35original (in relation to a database) | F35section 3A(2) |
Parliamentary copyright | sections 165(2) and (7) F44166(6) F45166A(3) F46166B(3) 166C(3) and 166D(3) |
parliamentary proceedings | section 178 |
performance | section 19(2) |
photograph | section 4(2) |
plaintiff (in Scotland) | section 177 |
F58. . . | F58. . . |
F58. . . | F58. . . |
F47private study | section 178 |
F48producer (in relation to a sound recording or film | F48section 178. |
programme (in the context of broadcasting) | section 6(3) |
prospective owner (of copyright) | section 91(2) |
F49public library | F49section 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 | F50section 18A(2) to (6) |
F42rental right | F42section 178. |
reprographic copies and repographic copying | section 178 |
reprographic process | section 178 |
sculpture | section 4(2) |
signed | section 176 |
sound recording | F51sections 5A and 135A |
sufficient acknowledgement | section 178 |
sufficient disclaimer | section 178 |
F60supply (in sections 31B to 31BB) | section 31F(7) |
teacher | section 174(5) |
telecommunications system | section 178 |
F43terms of payment | F43section 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) |
F61. . . | F61. . . |
F52wireless broadcast | section 178 |
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 |
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)