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U.K.

Statutory Instruments

2019 No. 605

Exiting The European Union

Intellectual Property

The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

Made

19th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 F1.

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

PART 1U.K.Introduction

Citation and commencementU.K.

1.—(1) These Regulations may be cited as the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Commencement Information

I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 2U.K.Amendments to the Copyright, Designs and Patents Act 1988

Amendments to the Copyright, Designs and Patents Act 1988U.K.

2.  The Copyright, Designs and Patents Act 1988 F2 is amended in accordance with this Part.

Commencement Information

I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

3.  In section 6A (safeguards in case of certain satellite broadcasts) F3

(a)for “an EEA State”, in each place it occurs, substitute “ the United Kingdom ”;

(b)in subsection (2)(a), for “that place” substitute “ the United Kingdom ”;

(c)in subsection (3)(b), for “the place in which he has his principal establishment in the European Economic Area” substitute “ the United Kingdom ”.

F3Section 6A was inserted by S.I. 1996/2967, amended by S.I. 2003/2498.

Commencement Information

I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

4.  In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works) F4, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

F4Section 12 was substituted by S.I. 1995/3297, amended by the Government of Wales Act 2006 (c.32), section 160(1), Schedule 10, paragraphs 22,23, S.I. 2003/2498, S.I. 2013/1782.

Commencement Information

I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

5.  In section 13A(4) (duration of copyright in sound recordings) F5, for “an EEA state” substitute “ the United Kingdom ”.

F5Section 13A was substituted by S.I. 1995/3297, amended by S.I. 2003/2498, S.I. 2013/1782.

Commencement Information

I5Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

6.  In section 13B(7) and (8) (duration of copyright in films) F6, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

F6Section 13B was substituted by S.I. 1995/3297, amended by S.I. 2003/2498.

Commencement Information

I6Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

7.  In section 14(3) (duration of copyright in broadcasts) F7, for “an EEA state” substitute “ the United Kingdom ”.

F7Section 14 was substituted by S.I. 1995/3297, amended by S.I. 2003/2498.

Commencement Information

I7Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

8.  In section 15A(4) (meaning of country of origin) F8

(a)for sub-paragraph (a) substitute—

(a)if the United Kingdom is one of those countries, the country of origin is the United Kingdom; and;

(b)in sub-paragraph (b), for “if none of those countries is an EEA state” substitute “ if the United Kingdom is not one of those countries ”.

F8Section 15A was inserted by S.I. 1995/3297.

Commencement Information

I8Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

9.  In section 31B(1) and (9) (making and supply of accessible copies by authorised bodies) F9 omit “or another member State of the European Union” in each place it occurs.

F9Section 31B was amended by S.I. 2018/995, regulation 5.

Commencement Information

I9Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

10.  In section 31BB(4)(b) (accessible and intermediate copies: records and notification) F10, for “another” substitute “ a ”.

F10Section 31BB was amended by S.I. 2018/995, regulation 7.

Commencement Information

I10Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

11.  Omit section 44B (permitted uses of orphan works) F11.

F11Section 44B was inserted by S.I. 2014/2861.

Commencement Information

I11Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

12.  Omit section 76A (certain permitted uses of orphan works) F12.

F12Section 76A was inserted by S.I. 2014/2861.

Commencement Information

I12Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

13.  In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission) F13, for “another” substitute “ an ”.

F13Section 144A was inserted by S.I. 1996/2967, amended by S.I. 2003/2498, S.I. 2006/1028.

Commencement Information

I13Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

14.  In section 154(1) (qualification by reference to author) F14

(a)in paragraph (a), omit “a national of another EEA state,”;

(b)in paragraphs (b) and (c), omit “or another EEA state”.

Commencement Information

I14Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

15.  In section 155(1)(a) (qualification by reference to country of first publication) F15 omit “another EEA state,”.

Commencement Information

I15Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16.  In section 156(1)(a) (qualification by reference to place of transmission) F16 omit “another EEA state,”.

F16Section 156 was amended by the Intellectual Property Act 2014 (c.18), section 22(3), S.I. 2003/2498.

Commencement Information

I16Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

17.  In section 170 (transitional provisions and savings) F17 omit subsection (3).

Commencement Information

I17Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

18.  In section 172A (meaning of EEA and related expressions) F18 omit subsection (2).

F18Section 172A was inserted by S.I. 1995/3297, amended by S.I. 1996/2967, S.I. 2006/1028.

Commencement Information

I18Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

19.  In section 178 (minor definitions) F19, at the appropriate place insert—

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.

Commencement Information

I19Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

20.  In section 179 (index of defined expressions) F20

(a)in the entry for “the EEA, EEA state and national of an EEA state”, for “, EEA state and national of an EEA state” substitute “ and EEA state ”;

(b)at the appropriate place insert—

national of the United Kingdomsection 178.

21.  In section 191(4) (duration of rights) F21, for “an EEA state” substitute “ the United Kingdom ”.

F21Section 191 was amended by S.I. 1995/3297, S.I. 1996/2967, S.I. 2003/2498, S.I. 2006/18, S.I. 2013/1782.

Commencement Information

I21Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

22.  In section 206(1) (qualifying countries, individuals and persons) F22 omit paragraph (b).

Commencement Information

I22Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

23.  Omit Schedule ZA1 (certain permitted uses of orphan works) F23.

F23Schedule ZA1 was inserted by S.I. 2014/2861.

Commencement Information

I23Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

24.  In Schedule 1 (copyright: transitional provisions and savings) F24, in paragraph 6(1A), for “another” substitute “ an ”.

Commencement Information

I24Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

25.  In Schedule 2 (rights in performances: permitted acts) F25

(a)in paragraph 3B(1) omit “or another member State of the European Union”;

(b)in paragraph 3B(8) omit “or in another member State of the European Union”;

(c)in paragraph 3D(4)(b), for “another” substitute “ a ”.

F25Schedule 2 was amended by S.I. 2018/995, regulations 12 to 16.

Commencement Information

I25Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 3U.K.Amendments to subordinate legislation

Amendments to the Duration of Copyright and Rights in Performances Regulations 1995U.K.

26.—(1) The Duration of Copyright and Rights in Performances Regulations 1995 F26 are amended as follows.

(2) In regulation 16 (duration of copyright: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.

(3) In regulation 29 (duration of rights in performances: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.

(4) In regulation 36 (construction of references to EEA states)—

(a)in paragraphs (1) and (2) for “another EEA state”, in each place it occurs, substitute “ an EEA state ”;

(b)omit paragraph (3).

F26S.I. 1995/3297, amended by S.I 2006/1028, S.I 2016/1210.

Commencement Information

I26Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Related Rights Regulations 1996U.K.

27.—(1) The Copyright and Related Rights Regulations 1996 F27 are amended as follows.

(2) In regulation 2 (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.

(3) In regulation 16(4) (publication right)—

(a)in sub-paragraph (a), after “European Economic Area” insert “ or in the United Kingdom ”;

(b)in sub-paragraph (b), after “an EEA state” insert “ or a national of the United Kingdom ”;

(c)in the full out words of that paragraph, after “an EEA state” insert “ or a national of the United Kingdom ”.

(4) In regulation 29(1)(a) (satellite broadcasting: international co-production agreements) after “an EEA state” insert “ or a national of the United Kingdom ”.

F27S.I. 1996/2967, amended by S.I. 2003/2498, S.I. 2006/1028.

Commencement Information

I27Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Rights in Databases Regulations 1997U.K.

28.—(1) The Copyright and Rights in Databases Regulations 1997 F28 are amended as follows.

(2) In regulation 12(1) (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the 1988 Act ”.

(3) In regulation 18 (qualification for database right)—

(a)in paragraph (1)—

(i)for “the EEA” substitute “ the United Kingdom ”;

(ii)in sub-paragraph (a), for “an EEA state” substitute “ the United Kingdom ”;

(iii)in sub-paragraphs (b) and (c), for “an EEA state” substitute “ any part of the United Kingdom ”;

(b)in paragraph (2), for “the EEA” and for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”;

(c)in paragraph (4), omit sub-paragraph (a).

F28S.I. 1997/3032, amended by S.I. 2003/2501; there are other amending instruments but none is relevant.

Commencement Information

I28Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Artist's Resale Right Regulations 2006U.K.

29.—(1) The Artist's Resale Right Regulations 2006 F29 are amended as follows.

(2) In regulation 2 (interpretation)—

(a)omit the definition of “EEA state”;

(b)at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.

(3) In regulation 10 (requirements as to nationality), in paragraph (a) for “an EEA state” and for “EEA states” substitute “ the United Kingdom ”.

(4) In regulation 17 (review of regulations) omit paragraph (2).

F29S.I. 2006/346, amended by S.I 2009/2792, S.I. 2011/2873.

Commencement Information

I29Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014U.K.

30.  In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 F30 (application for authorisation), for “European Economic Area” substitute “ the United Kingdom ”.

Commencement Information

I30Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014U.K.

31.  F31In regulation 4 of the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 (diligent search)—

[F32(a)in paragraph (3)—

(i)in sub-paragraph (a) omit “and the relevant database maintained by the Office for Harmonization in the Internal Market; and”;

(ii)omit sub-paragraph (b);]

(b)in paragraph (5) omit sub-paragraph (b).

Commencement Information

I31Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016U.K.

32.—(1) The Collective Management of Copyright (EU Directive) Regulations 2016 F33 are amended as follows.

(2) In regulation 2(1) (interpretation and application), in the definition of “multi-territorial licence”, for “more than one member State” substitute “ the United Kingdom and at least one member State ”.

(3) In regulation 4 (particular obligations of collective management organisations in relation to right holders), in paragraph (a) for “member State” substitute “ country ”.

(4) In regulation 15(3) (licensing), for “a member State” substitute “ the United Kingdom ”.

(5) In regulation 22(2) (application), for “Articles 101 and 102 of the Treaty on the Functioning of the European Union” substitute “ Part I of the Competition Act 1998 ”.

(6) In regulation 51 (review) omit paragraph (2).

Commencement Information

I32Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Performances (Application to Other Countries) Order 2016U.K.

33.  In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 2016 F34 (citation, commencement, interpretation and revocation), in paragraph (2), in the definition of “relevant country”, for “another EEA state” substitute “ an EEA state ”.

Commencement Information

I33Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Revocation of the Portability of Online Content Services Regulations 2018U.K.

34.  The Portability of Online Content Services Regulations 2018 are revoked F35.

Commencement Information

I34Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018U.K.

35.  Omit regulation 20(4) of the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (review) F36.

Commencement Information

I35Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 4U.K.Amendments to retained direct EU legislation

Amendments to Council Regulation (EU) 2017/1563U.K.

36.—(1) Council Regulation (EU) 2017/1563 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled is amended as follows.

(2) Omit Article 1 (subject matter and scope).

(3) For Article 2(4) substitute—

authorised entity established in a Member State” means an entity that falls within the definition of an authorised body in section 31F(6) of the Copyright, Designs and Patents Act 1988.

(4) In Article 3 (export of accessible format copies to third countries),—

(a)for “a Member State” substitute “ the United Kingdom ”;

(b)for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.

(5) In Article 4 (import of accessible format copies from third countries),—

(a)for “a Member State” substitute “ the United Kingdom ”;

(b)for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.

(6) In Article 5 (obligations of authorised entities) for “a Member State” substitute “ the United Kingdom ” in all places where it appears.

(7) In Article 6 (protection of personal data) for “Directives 95/46/EC F37 and 2002/58/EC” substitute “ Regulation (EU) 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ”.

(8) Omit Article 7 (review).

(9) Omit Article 8 (entry into force and application).

(10) At the end omit the sentence starting “This Regulation shall be binding”.

F37Directive 95/46/EC was repealed by Article 94.1 of Regulation 2016/679. Under Article 94.2 of that Regulation references to Directive 95/46/EC shall be construed as references to that Regulation.

Commencement Information

I36Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

RevocationsU.K.

37.  Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market is revoked.

Commencement Information

I37Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 5U.K.Transitional provisions and savings

Transitional provisions and savingsU.K.

38.  The amendments made by these Regulations do not apply to any database in which a database right exists under the Copyright and Rights in Databases Regulations 1997 prior to [F38IP completion day].

F38Words in reg. 38 substituted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 4

Commencement Information

I38Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chris Skidmore

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (c), (d) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union. These Regulations make amendments to legislation in the field of copyright and related rights and, in particular, amend the Copyright, Designs and Patents Act 1988, subordinate legislation and retained direct EU legislation. These Regulations also revoke the Portability of Online Content Services Regulations 2018 and Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market.

A full impact assessment of the effect of this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP20 8QQ and is available with the explanatory memorandum alongside this instrument on the Legislation UK website www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.