- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Copyright
Made
10th March 2015
The Secretary of State, in exercise of the powers conferred by sections 100 and 103(3) and (4) of the Enterprise and Regulatory Reform Act 2013(1), makes the following Order:
1. This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 8 and Saving Provisions) Order 2015.
2. The day appointed for the coming into force of section 74 of the Enterprise and Regulatory Reform Act 2013 is 6th April 2020 (“the commencement date”).
3.—(1) The amendments to the Copyright, Designs and Patents Act 1988(2) (“the 1988 Act”) made by section 74 of the Enterprise and Regulatory Reform Act 2013 do not apply in relation to—
(a)a copy of an artistic work(3) made in the United Kingdom before the commencement date where the making of the copy does not by virtue of section 52 of the 1988 Act infringe copyright in the artistic work; or
(b)a copy of an artistic work imported into the United Kingdom before the commencement date where at the date of its importation its making in the United Kingdom would not by virtue of section 52 of the 1988 Act have constituted an infringement of copyright in the artistic work or a breach of an exclusive licence agreement relating to that work.
(2) Expressions used in this article have the same meaning as in the 1988 Act.
Neville-Rolfe
Parliamentary Under Secretary of State for Business, Innovation and Skills
Department for Business, Innovation & Skills
10th March 2015
(This note is not part of the Order)
This is the eighth Commencement Order made under the Enterprise and Regulatory Reform Act 2013 (c.24) (“the Act”).
This Order brings into force section 74 of the Act which repeals section 52 of the Copyright, Designs and Patents Act 1988. Section 52 introduced a copyright exception into United Kingdom law relating to the industrial exploitation of artistic works which limits copyright protection to a period of 25 years from the end of the year in which such articles are first marketed.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 7(1) | 6th April 2014 | 2014/253 |
Section 7(2) (partially) | 6th March 2014 | 2014/253 |
Section 7(2) (remainder) | 6th April 2014 | 2014/253 |
Sections 8 and 9 | 6th April 2014 | 2014/253 |
Section 14 | 29th July 2013 | 2013/1648 |
Section 15(10) | 29th July 2013 | 2013/1648 |
Section 16 | 6th April 2014 | 2014/253 |
Section 19 | 25th June 2013 | 2013/1455 |
Section 23 | 29th July 2013 | 2013/1648 |
Section 25(1) and (2) | 1st October 2013 | 2013/2227 |
Section 25(3) | 1st April 2014 | 2014/416 |
Section 25(4) | 1st October 2013 | 2013/2227 |
Section 26 | 1st April 2014 | 2014/416 |
Section 27 | 1st October 2013 | 2013/2227 |
Sections 29 to 51 | 1st April 2014 | 2014/416 |
Sections 54 to 58 | 1st April 2014 | 2014/416 |
Sections 60 and 61 | 6th April 2014 | 2014/416 |
Section 63 (partially) | 25th June 2013 | 2013/1455 |
Section 63 (partially) | 1st October 2013 | 2013/2227 |
Section 63 (partially) | 6th April 2014 | 2014/416 |
Section 65 | 1st October 2013 | 2013/2227 |
Section 66 | 6th April 2014 | 2014/416 |
Sections 67 to 70 | 1st October 2013 | 2013/2227 |
Section 72(1) | 25th June 2013 | 2013/1455 |
Section 72(2) and (3) | 16th December 2013 | 2013/2979 |
Section 72(4) (partially) | 25th June 2013 | 2013/1455 |
Section 72(4) (partially) | 1st October 2013 | 2013/1455 |
Section 72(4) (partially, in relation to England only)(4) | 1st October 2013 | 2013/1455(4) |
Section 72(4) (partially, in relation to England only) | 16th December 2013 | 2013/2979 |
Section 72(4) (partially) | 16th December 2013 | 2013/2979 |
Section 72(4) (partially, in relation to England only) | 31st December 2014 | 2013/2979(5) |
Section 72(4) (partially in relation to Scotland) | 15th September 2014 | 2014/2481 |
Section 73 (partially) | 1st October 2013 | 2013/2227 |
Sections 79 to 82 | 1st October 2013 | 2013/2227 |
Section 90(7) | 1st October 2013 | 2013/2227 |
Schedule 1, paragraphs 2 and 3 | 6th March 2014 | 2014/253 |
Schedule 1 (remainder) | 6th April 2014 | 2014/253 |
Schedules 2 and 3 | 6th April 2014 | 2014/253 |
Schedule 4, paragraphs 1 to 18, 20 to 28, 29(1), 31, 32, 34, 35, 51 (partially), 52 (partially), 53 (partially), 59, 60, 61(1) to (4), and 62 to 65 | 1st October 2013 | 2013/2227 |
Schedule 4 (remainder) | 1st April 2014 | 2014/416 |
Schedules 5 to 13 | 1st April 2014 | 2014/416 |
Schedule 14 (paragraphs 1 to 19 and 23 to 29 | 1st April 2014 | 2014/416 |
Schedule 15 | 1st April 2014 | 2014/416 |
Schedule 16 | 6th April 2014 | 2014/416 |
In Schedule 17— | ||
Paragraphs 1 to 6 | 1st October 2013 | 2013/2227 |
Paragraph 9 | 25th June 2013 | 2013/1455 |
Paragraph 10 | 1st October 2013 | 2013/2227 |
Paragraph 11 | 6th April 2014 | 2014/416 |
Paragraphs 12 and 13 | 1st October 2013 | 2013/2227 |
Paragraphs 14 to 19 | 6th April 2014 | 2014/416 |
Paragraph 20 | 25th June 2013 | 2013/1455 |
In Schedule 20— | ||
Paragraph 1 | 1st October 2013 | 2013/1455 |
Paragraph 2 (partially) | 25th June 2013 | 2013/1455 |
Paragraph 2 (partially in relation to England only) | 1st October 2013 | 2013/1455 |
Paragraph 2 (partially in relation to England only) | 16th December 2013 | 2013/2979 |
Paragraph 2 (partially) | 16th December 2013 | 2013/2979 |
Paragraph 2 (partially in relation to England only) | 31st March 2014 | 2013/2979 |
Paragraph 2 (partially in relation to Scotland) | 15th September 2014 | 2014/2841 |
Schedule 21, paragraph 5 | 1st October 2013 | 2013/2227 |
See section 4 of the Copyright, Designs and Patents Act 1988 for the meaning of “artistic work”.
S.I. 2013/1455 (C. 55) was amended by S.I. 2013/2271 (C. 94) in relation to the commencement of this provision.
S.I. 2013/2979 (C. 122) was amended by S.I. 2014/824 (C. 33) and S.I./2481 in relation to the commencement of this provision.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: