UK Copyright Law

All news

Rights in

Performances

Publication Right

Database Right

UNOFFICIAL CONSOLIDATED TEXT

OF UK LEGISLATION TO

31ST DECEMBER 2003

Crown Copyright material is reproduced with the permission of the Controller of

HMSO and the Queen’s Printer for Scotland

Preface

Status of this document

This document is an unofficial consolidated text of the main UK legislation on copyright

and related rights as amended up to 31st December 2003. (It does not include Statutory

Instruments made under the Copyright, Designs and Patents Act 1988.) It has been

produced by the Patent Office but we cannot guarantee its accuracy and it has no legal

authority. Only the Copyright, Designs and Patents Act 1988 as enacted and the other

Acts of Parliament and Statutory Instruments amending it, or making provision on

found on the HMSO website at www.hmso.gov.uk. It would be helpful if anyone

identifying errors or omissions in this unofficial consolidation could report them to

Background to changes to the law

A considerable number of changes have been made to the law in this area since the

enactment of the Copyright, Designs & Patents Act 1988. Most of these have resulted

from secondary legislation amending the 1988 Act in order to implement EC Directives

in the field, namely:

Directive 91/250/EEC on the legal protection of computer programs;

Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright

in the field of intellectual property;

Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related

to copyright applicable to satellite broadcasting and cable retransmission;

Directive 93/98/EEC harmonizing the term of protection of copyright and certain related rights;

Directive 96/9/EC on the legal protection of databases;

Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional

access; and

Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in

the information society.

Other changes have arisen from the 2002 Copyright (Visually Impaired Persons) Act and

legislation since 1988 in areas outside copyright. EC legislation has also led to the

introduction of ‘publication right’ and ‘database right’ in UK law.

Note on SI 2003/2498

Footnotes in the text seek to indicate the source and nature of amendments to the law,

and some other matters. It should be noted, however, that the footnotes do not cover all

of the changes made by SI 2003/2498, implementing Directive 2001/29/EC. This SI

redefined the terms ‘broadcast’ and ‘broadcasting’ to embrace not only wireless

transmissions to the public at large (as originally), but also wire transmissions of a

similar kind. It also removed the concept of a ‘cable programme’ as a separate kind of

programme service’ by one of ‘communication to the public’ by electronic transmission.

These changes necessitated a considerable number of consequential amendments

throughout the legislation, too numerous all to be indicated by footnotes. In many cases,

previous references to ‘broadcasts or cable programmes’ as species of copyright works

have become references simply to ‘broadcasts’ (as redefined), and references to the act

of ‘broadcasting or inclusion in a cable programme service’ have become references to

‘communication to the public’. However, this is not always so, and readers are advised

to consult the legislation prior to SI 2003/2498 if they need to determine the precise

position previously on provisions now referring to ‘broadcasts’, ‘broadcasting’ or

‘communication to the public’.

CONTENTS

Part I (Copyright) 1-108

Part II (Rights in Performances) 109-133

Part VII (Miscellaneous and General) 134-148

Schedules 149-178

Transitional provisions &c. of amending legislation

(SI 1992/3233) 179

Duration of Copyright and Rights in Performances

Regulations 1995 (SI 1995/3297) 180-186

(SI 1996/2967) 187-189

Regulations 2003 (SI 2003/2498) 190-191

Enforcement) Act 2002 192

Publication Right 193-194

Database Right

Database Right 195-199

Schedules 200-205

Savings and transitional provisions of SI 1997/3032 206

Annexes

Annex I - Section 176 of Broadcasting Act 1990 207-210

Annex II - Section 136 of Broadcasting Act 1996 211

Annex III - Legal Deposit Libraries Act 2003 212-217

Annex IV - Electronic Commerce (EC Directive)

Regulations 2002 (SI 2002/2013) 218-219

Annex V - Standing or interpretation of certain

provisions of the Copyright, Designs & Patents Act 220-221

Annex VI - Repealed or superseded provisions of

the Copyright, Designs & Patents Act 222-232

and Patents

Act 1988

As amended by the legislation indicated overleaf

This text reproduces the provisions of Part I (Copyright), Part II (Rights in Performances) and Part

VII (Miscellaneous and General) of the 1988 Act, and relevant Schedules to the Act, as amended or

introduced by the following legislation : -

National Health Service and Community Care Act 1990

Broadcasting Act 1990

Courts and Legal Services Act 1990

Health and Personal Social Services (Northern Ireland) Order 1991, SI 1991/194 (N.I.1)

High Court and County Courts Jurisdiction Order 1991, SI 1991/724 (L.5)

Judicial Pensions and Retirement Act 1993

Charities Act 1993

Trade Marks Act 1994

Criminal Justice (Northern Ireland) Order 1994, SI 1994/2795 (N.I.15)

Criminal Justice and Public Order Act 1994

Import of Goods) Regulations 1995, SI 1995/1445

Merchant Shipping Act 1995

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

Duration of Copyright and Rights in Performances Regulations 1995, SI 1995/3297

Arbitration Act 1996

Broadcasting Act 1996

Education Act 1996

Government of Wales Act 1998

Competition Act 1998

Northern Ireland Act 1998

Scotland Act 1998

Competition Act 1998 (Competition Commission) Transitional, Consequential and

Supplemental Provisions Order 1999, SI 1999/506

Health Act 1999 (Supplementary and Consequential Provisions) Order 1999, SI 1999/2795

Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000, SI 2000/90

Powers of Criminal Courts (Sentencing Act) 2000

Conditional Access (Unauthorised Decoders) Regulations 2000, SI 2000/1175

Registered Designs Regulations 2001, SI 2001/3949

Enterprise Act 2002

Communications Act 2003

Legal Deposit Libraries Act 2003

Health and Social Care (Community Health and Standards Act) 2003

Act 1988

CHAPTER 48

ARRANGEMENT OF SECTIONS

PART I

CHAPTER I

SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT

Introductory

Section

1 Copyright and copyright works

2 Rights subsisting in copyright works

Descriptions of work and related provisions

3 Literary, dramatic and musical works

3A Databases

4 Artistic works

5A Sound recordings

5B Films

6 Broadcasts

6A Safeguards in case of certain satellite broadcasts

[7 Deleted]

8 Published editions

Authorship and ownership of copyright

9 Authorship of work

10 Works of joint authorship

11 First ownership of copyright

Duration of copyright

12 Duration of copyright in literary, dramatic, musical or artistic works

13A Duration of copyright in sound recordings

13B Duration of copyright in films

14 Duration of copyright in broadcasts

15 Duration of copyright in typographical arrangement of published editions

15A Meaning of country of origin

CHAPTER II

RIGHTS OF COPYRIGHT OWNER

The acts restricted by copyright

Section

16 The acts restricted by copyright in a work

17 Infringement of copyright by copying

18 Infringement by issue of copies to the public

18A Infringement by rental or lending of work to the public

19 Infringement by performance, showing or playing of work in public

20 Infringement by communication to the public

21 Infringement by making adaptation or act done in relation to adaptation

Secondary infringement of copyright

22 Secondary infringement: importing infringing copy

23 Secondary infringement: possessing or dealing with infringing copy

24 Secondary infringement: providing means for making infringing copies

25 Secondary infringement: permitting use of premises for infringing performance

26 Secondary infringement: provision of apparatus for infringing performance,

&c.

Infringing copies

27 Meaning of “infringing copy”

CHAPTER III

ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS

Introductory

28 Introductory provisions

General

28A Making of temporary copies

29 Research and private study

30 Criticism, review and news reporting

31 Incidental inclusion of copyright material

Visual impairment

31A Making a single accessible copy for personal use

31B Multiple copies for visually impaired persons

31C Intermediate copies and records

31D Licensing schemes

31E Limitations, etc. following infringement of copyright

31F Definitions and other supplementary provisions for sections 31A to 31E

Education

32 Things done for the purposes of instruction or examination

33 Anthologies for educational use

34 Performing, playing or showing work in course of activities of educational

establishment

35 Recording by educational establishments of broadcasts

36 Reprographic copying by educational establishments of passages from

published works

36A Lending of copies by educational establishments

Libraries and archives

Section

37 Libraries and archives: introductory

38 Copying by librarians: articles in periodicals

39 Copying by librarians: parts of published works

40 Restriction on production of multiple copies of the same material

40A Lending of copies by libraries or archives

41 Copying by librarians: supply of copies to other libraries

42 Copying by librarians or archivists: replacement copies of works

43 Copying by librarians or archivists: certain unpublished works

44 Copy of work required to be made as condition of export

44A Legal deposit libraries

Public administration

45 Parliamentary and judicial proceedings

46 Royal Commissions and statutory inquiries

47 Material open to public inspection or on official register

48 Material communicated to the Crown in the course of public business

49 Public records

50 Acts done under statutory authority

Computer programs: lawful users

50A Back up copies

50B Decompilation

50BA Observing, studying and testing of computer programs

50C Other acts permitted to lawful users

Databases: permitted acts

50D Acts permitted in relation to databases

Designs

51 Design documents and models

52 Effect of exploitation of design derived from artistic work

53 Things done in reliance on registration of design

Typefaces

54 Use of typeface in ordinary course of printing

55 Articles for producing material in particular typeface

Works in electronic form

56 Transfers of copies of works in electronic form

Miscellaneous: literary, dramatic, musical and artistic works

57 Anonymous or pseudonymous works: acts permitted on assumptions as to

expiry of copyright or death of author

58 Use of notes or recordings of spoken words in certain cases

59 Public reading or recitation

60 Abstracts of scientific or technical articles

61 Recordings of folksongs

62 Representation of certain artistic works on public display

63 Advertisement of sale of artistic work

64 Making of subsequent works by same artist

Section

65 Reconstruction of buildings

Miscellaneous: lending of works

66 Lending to public of copies of certain works

Miscellaneous: films and sound recordings

66A Films: acts permitted on assumptions as to expiry of copyright, &c.

67 Playing of sound recordings for purposes of club, society &c.

Miscellaneous: broadcasts

68 Incidental recording for purposes of broadcast

69 Recording for purposes of supervision and control of broadcasts and other

services

70 Recording for purposes of time-shifting

71 Photographs of broadcasts

72 Free public showing or playing of broadcast

73 Reception and re-transmission of wireless broadcast by cable

73A Royalty or other sum payable in pursuance of section 73(4)

74 Provision of sub-titled copies of broadcast

75 Recording for archival purposes

Adaptations

76 Adaptations

CHAPTER IV

MORAL RIGHTS

Right to be identified as author or director

77 Right to be identified as author or director

78 Requirement that right be asserted

79 Exceptions to right

Right to object to derogatory treatment of work

80 Right to object to derogatory treatment of work

81 Exceptions to right

82 Qualification of right in certain cases

83 Infringement of right by possessing or dealing with infringing article

False attribution of work

84 False attribution of work

Right to privacy of certain photographs and films

85 Right to privacy of certain photographs and films

Supplementary

86 Duration of rights

87 Consent and waiver of rights

88 Application of provisions to joint works

89 Application of provisions to parts of works

CHAPTER V

DEALINGS WITH RIGHTS IN COPYRIGHT WORKS

90 Assignment and licences

91 Prospective ownership of copyright

92 Exclusive licences

93 Copyright to pass under will with unpublished work

93A Presumption of transfer of rental right in case of film production agreement

Right to equitable remuneration where rental right transferred

93B Right to equitable remuneration where rental right transferred

93C Equitable remuneration: reference of amount to Copyright Tribunal

Moral rights

94 Moral rights not assignable

95 Transmission of moral rights on death

CHAPTER VI

REMEDIES FOR INFRINGEMENT

Rights and remedies of copyright owner

96 Infringement actionable by copyright owner

97 Provisions as to damages in infringement action

97A Injunctions against service providers

98 Undertaking to take licence of right in infringement proceedings

99 Order for delivery up

100 Right to seize infringing copies and other articles

Rights and remedies of exclusive licensee

101 Rights and remedies of exclusive licensee

101A Certain infringements actionable by a non-exclusive licensee

102 Exercise of concurrent rights

Remedies for infringement of moral rights

103 Remedies for infringement of moral rights

Presumptions

104 Presumptions relevant to literary, dramatic, musical and artistic works

105 Presumptions relevant to sound recordings, films and computer programs

106 Presumptions relevant to works subject to Crown copyright

Offences

107 Criminal liability for making or dealing with infringing articles &c

107A Enforcement by local weights and measures authority

108 Order for delivery up in criminal proceedings

109 Search warrants

110 Offence by body corporate: liability of officers

Provision for preventing importation of infringing copies

111 Infringing copies may be treated as prohibited goods

112 Power of Commissioners of Customs and Excise to make regulations

Supplementary

Section

113 Period after which remedy of delivery up not available

114 Order as to disposal of infringing copy or other article

114A Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland

114B Forfeiture of infringing copies, etc.: Scotland

115 Jurisdiction of county court and sheriff court

CHAPTER VII

Licensing schemes and licensing bodies

116 Licensing schemes and licensing bodies

References and applications with respect to licensing schemes

117 Licensing schemes to which ss. 118 to 123 apply

118 Reference of proposed licensing scheme to tribunal

119 Reference of licensing scheme to tribunal

120 Further reference of scheme to tribunal

121 Application for grant of licence in connection with licensing scheme

122 Application for review of order as to entitlement to licence

123 Effect of order of tribunal as to licensing scheme

References and applications with respect to licensing by licensing bodies

124 Licences to which ss. 125 to 128 apply

125 Reference to tribunal of proposed licence

126 Reference to tribunal of expiring licence

127 Application for review of order as to licence

128 Effect of order of tribunal as to licence

128A Notification of licence or licensing scheme for excepted sound recordings

128B References to the Tribunal by the Secretary of State under section 128A

Factors to be taken into account in certain classes of case

129 General considerations: unreasonable discrimination

130 Licences for reprographic copying

131 Licences for educational establishments in respect of works included in

broadcasts

132 Licences to reflect conditions imposed by promoters of events

133 Licences to reflect payments in respect of underlying rights

134 Licences in respect of works included in re-transmissions

135 Mention of specific matters not to exclude other relevant considerations

Use as of right of sound recordings in broadcasts

135A Circumstances in which right available

135B Notice of intention to exercise right

135C Conditions for exercise of right

135D Applications to settle payments

135E References etc. about conditions, information and other terms

135F Application for review of order

135G Factors to be taken into account

135H Power to amend sections 135A to 135G

Implied indemnity in schemes or licences for reprographic copying

136 Implied indemnity in certain schemes and licences for reprographic copying

Reprographic copying by educational establishments

Section

137 Power to extend coverage of scheme or licence

138 Variation or discharge of order extending scheme or licence

139 Appeals against orders

140 Inquiry whether new scheme or general licence required

141 Statutory licence where recommendation not implemented

Royalty or other sum payable for lending of certain works

142 Royalty or other sum payable for lending of certain works

Certification of licensing schemes

143 Certification of licensing schemes

Powers exercisable in consequence of competition report

144 Powers exercisable in consequence of report of Competition Commission

Compulsory collective administration of certain rights

144A Collective exercise of certain rights in relation to cable re-transmission

CHAPTER VIII

THE COPYRIGHT TRIBUNAL

The Tribunal

145 The Copyright Tribunal

146 Membership of Tribunal

147 Financial provisions

148 Constitution for purposes of proceedings

Jurisdiction and procedure

149 Jurisdiction of the tribunal

150 General power to make rules

151 Costs, proof or orders, &c

151A Award of interest

Appeals

152 Appeal to the court on point of law

CHAPTER IX

QUALIFICATION FOR AND EXTENT OF COPYRIGHT PROTECTION

Qualification for copyright protection

153 Qualification for copyright protection

154 Qualification by reference to author

155 Qualification by reference to country of first publication

156 Qualification by reference to place of transmission

Extent and application of this Part

157 Countries to which this Part extends

158 Countries ceasing to be colonies

159 Application of this Part to countries to which it does not extend

Section

160 Denial of copyright protection to citizens of counties not giving adequate

protection to British works

Supplementary

161 Territorial waters and the continental shelf

162 British ships, aircraft and hovercraft

CHAPTER X

MISCELLANEOUS AND GENERAL

Crown and Parliamentary copyright

163 Crown copyright

164 Copyright in Acts and Measures

165 Parliamentary copyright

166 Copyright in Parliamentary Bills

166A Copyright in Bills of the Scottish Parliament

166B Copyright in Bills of the Northern Ireland Assembly

167 Houses of Parliament: supplementary provisions with respect to copyright

Other miscellaneous provisions

168 Copyright vesting in certain international organisations

169 Folklore, &c.: anonymous published works

Transitional provisions and savings

170 Transitional provisions and savings

171 Rights and privileges under other enactments or the common law

Interpretation

172 General provisions as to construction

172A Meaning of EEA and related expressions

173 Construction of references to copyright owner

174 Meaning of “educational establishment” and related expressions

175 Meaning of publication and commercial publication

176 Requirement of signature: application in relation to body corporate

177 Adaptation of expressions for Scotland

178 Minor definitions

179 Index of defined expressions

PART II

RIGHTS IN PERFORMANCES

Introductory

180 Rights conferred on performers and persons having recording rights

Performers’ rights

181 Qualifying performances

182 Consent required for recording, &c. of live performance

182A Consent required for copying of recording

182B Consent required for issue of copies to public

182C Consent required for rental or lending of copies to public

182CA Consent required for making available to the public

182D Right to equitable remuneration for exploitation of sound recording

Section

183 Infringement of performer’s rights by use of recording made without consent

184 Infringement of performer’s rights by importing, possessing or dealing with

illicit recording

Rights of person having recording rights

185 Exclusive recording contracts and persons having recording rights

186 Consent required for recording of performance subject to exclusive contract

187 Infringement of recording rights by use of recording made without consent

188 Infringement of recording rights by importing, possessing or dealing with illicit

recording

Exceptions to rights conferred

189 Acts permitted notwithstanding rights conferred by this Part

190 Power of tribunal to give consent on behalf of performer in certain cases

Duration of rights

191 Duration of rights

Performers’ property rights

191A Performers’ property rights

191B Assignment and licences

191C Prospective ownership of a performer’s property rights

191D Exclusive licences

191E Performer’s property right to pass under will with unpublished original

recording

191F Presumption of transfer of rental right in case of film production agreement

191G Right to equitable remuneration where rental right transferred

191H Equitable remuneration: reference of amount to Copyright Tribunal

191I Infringement actionable by rights owner

191J Provisions as to damages in infringement action

191JA Injunctions against service providers

191K Undertaking to take licence of right in infringement proceedings

191L Rights and remedies for exclusive licensee

191M Exercise of concurrent rights

Non-property rights

192A Performers’ non-property rights

192B Transmissibility of rights of person having recording rights

193 Consent

194 Infringement actionable as breach of statutory duty

Delivery up or seizure of illicit recordings

195 Order for delivery up

196 Right to seize illicit recordings

197 Meaning of “illicit recording”

Offences

198 Criminal liability for making, dealing with or using illicit recordings

198A Enforcement by local weights and measures authority

199 Order for delivery up in criminal proceedings

200 Search warrants

201 False representation of authority to give consent

202 Offence by body corporate: liability of officers

Supplementary provisions with respect to delivery up and seizure

Section

203 Period after which remedy of delivery up not available

204 Order as to disposal of illicit recording

204A Forfeiture of illicit recordings: England and Wales or Northern Ireland

204B Forfeiture: Scotland

205 Jurisdiction of county court and sheriff court

Licensing of performers’ property rights

205A Licensing of performers’ property rights

Jurisdiction of Copyright Tribunal

205B Jurisdiction of Copyright Tribunal

Qualification for protection and extent

206 Qualifying countries, individuals and persons

207 Countries to which this Part extends

208 Countries enjoying reciprocal protection

209 Territorial waters and the Continental shelf

210 British ships, aircraft and hovercraft

Interpretation

211 Expressions having same meaning as in copyright provisions

212 Index of defined expressions

PART VII

MISCELLANEOUS AND GENERAL

Circumvention of protection measures

296 Circumvention of technical devices applied to computer programs

296ZA Circumvention of technological measures

296ZB Devices and services designed to circumvent technological measures

296ZC Devices and services designed to circumvent technological measures: search

warrants and forfeiture

296ZD Rights and remedies in respect of devices and services designed to circumvent

technological measures

296ZE Remedy where effective technological measures prevent permitted acts

296ZF Interpretation of sections 296ZA to 296ZE

Rights management information

296ZG Electronic rights management information

Computer programs

296A Avoidance of certain terms

Databases

296B Avoidance of certain terms relating to databases

Fraudulent reception of transmissions

297 Offence of fraudulently receiving programmes

297A Unauthorised decoders

Section

297B Search warrants

297C Forfeiture of unauthorised decoders: England and Wales or Northern Ireland

297D Forfeiture of unauthorised decoders: Scotland

298 Rights and remedies in respect of apparatus, &c. for unauthorised reception of

transmissions

299 Supplementary provisions as to fraudulent reception

Provisions for the benefit of the Hospital for Sick Children

301 Provisions for the benefit of the Hospital for Sick Children

Financial assistance for certain international bodies

302 Financial assistance for certain international bodies

General

303 Consequential amendments and repeals

304 Extent

305 Commencement

306 Short title

SCHEDULES (to the Copyright, Designs and Patents Act 1988)

Schedule 1 – Copyright: transitional provisions and savings

Schedule 2 – Rights in performances: permitted acts

Schedule 2A – Licensing of performers’ property rights

Schedule 5A – Permitted acts to which section 296ZE applies

Schedule 6 – Provisions for the benefit of the Hospital for Sick Children

Schedule 7 – Consequential amendments: general

Schedule 8 – Repeals

TRANSITIONAL PROVISIONS AND SAVINGS OF –

The Copyright (Computer Programs) Regulations 1992, SI 1992/3233

The Duration of Copyright and Rights in Performances Regulations 1995,

SI 1995/3297

The Copyright and Related Rights Regulations 1996, SI 1996/2967

The Copyright and Related Rights Regulations 2003, SI 2003/2498

SHORT TITLE, COMMENCEMENT, EXTENT &c PROVISIONS OF –

The Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002

The Copyright (Visually Impaired Persons) Act 2002

1 Original reference to “cable programmes” as a further form of copyright works deleted by SI 2003/2498.

ELIZABETH II c. 48

Act 1988

1988 CHAPTER 48

An Act to restate the law of copyright, with amendments; to make fresh provision as

to the rights of performers and others in performances; to confer a design right in

original designs; to amend the Registered Designs Act 1949; to make provision with

respect to patent agents and trade mark agents; to confer patents and designs

jurisdiction on certain county courts; to amend the law of patents; to make provision

with respect to devices designed to circumvent copy-protection of works in electronic

form; to make fresh provision penalising the fraudulent reception of transmissions; to

make the fraudulent application or use of a trade mark an offence; to make provision

for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to

enable financial assistance to be given to certain international bodies; and for

connected purposes. [15th November 1988]

E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows: –

PART I

CHAPTER I

SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT

Introductory

1 Copyright and copyright works

(1) Copyright is a property right which subsists in accordance with this Part in the

following descriptions of work –

(a) original literary, dramatic, musical or artistic works,

(b) sound recordings, films or broadcasts [---]1, and

2 s.3(1)(c) inserted by SI 1992/3233. s.3(1)(d), and words “other than a database” in s.3(1)(a), added by

SI 1997/3032.

3 Inserted by SI 1997/3032.

(2) In this Part "copyright work" means a work of any of those descriptions in which

(3) Copyright does not subsist in a work unless the requirements of this Part with respect

to qualification for copyright protection are met (see section 153 and the provisions

referred to there).

2 Rights subsisting in copyright works

(1) The owner of the copyright in a work of any description has the exclusive right to do

the acts specified in Chapter II as the acts restricted by the copyright in a work of that

description.

(2) In relation to certain descriptions of copyright work the following rights conferred

by Chapter IV (moral rights) subsist in favour of the author, director or commissioner

of the work, whether or not he is the owner of the copyright –

(a) section 77 (right to be identified as author or director),

(b) section 80 (right to object to derogatory treatment of work), and

Descriptions of work and related provisions

3 Literary, dramatic and musical works

(1)2 In this Part –

"literary work" means any work, other than a dramatic or musical work, which is

written, spoken or sung, and accordingly includes –

(a) a table or compilation other than a database,

(b) a computer program,

(d) a database;

"dramatic work" includes a work of dance or mime; and

"musical work" means a work consisting of music, exclusive of any words or action

intended to be sung, spoken or performed with the music.

(2) Copyright does not subsist in a literary, dramatic or musical work unless and until it

is recorded, in writing or otherwise; and references in this Part to the time at which

such a work is made are to the time at which it is so recorded.

(3) It is immaterial for the purposes of subsection (2) whether the work is recorded by

or with the permission of the author; and where it is not recorded by the author,

nothing in that subsection affects the question whether copyright subsists in the

record as distinct from the work recorded.

3A3 Databases

(1) In this Part “database” means a collection of independent works, data or other

materials which –

(a) are arranged in a systematic or methodical way, and

(b) are individually accessible by electronic or other means.

(2) For the purposes of this Part a literary work consisting of a database is original if, and

only if, by reason of the selection or arrangement of the contents of the database the

database constitutes the author’s own intellectual creation.

4 Original s.5 replaced by ss.5A & 5B, SI 1995/3297.

4 Artistic works

(1) In this Part "artistic work" means –

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic

quality,

(b) a work of architecture being a building or a model for a building, or

(2) In this Part –

"building" includes any fixed structure, and a part of a building or fixed structure;

"graphic work" includes –

(a) any painting, drawing, diagram, map, chart or plan, and

(b) any engraving, etching, lithograph, woodcut or similar work;

"photograph" means a recording of light or other radiation on any medium on

which an image is produced or from which an image may by any means be

produced, and which is not part of a film;

"sculpture" includes a cast or model made for purposes of sculpture.

5A4 Sound recordings

(1) In this Part “sound recording” means –

(a) a recording of sounds, from which the sounds may be reproduced, or

(b) a recording of the whole or any part of a literary, dramatic or musical work,

from which sounds reproducing the work or part may be produced,

regardless of the medium on which the recording is made or the method by which the

sounds are reproduced or produced.

(2) Copyright does not subsist in a sound recording which is, or to the extent that it is,

a copy taken from a previous sound recording.

5B Films

(1) In this Part “film” means a recording on any medium from which a moving image

may by any means be produced.

(2) The sound track accompanying a film shall be treated as part of the film for the

purposes of this Part.

(3) Without prejudice to the generality of subsection (2), where that subsection

applies –

(a) references in this Part to showing a film include playing the film sound track

to accompany the film, and

(b) references to playing a sound recording do not include playing the film sound

track to accompany the film.

(4) Copyright does not subsist in a film which is, or to the extent that it is, a copy taken

from a previous film.

(5) Nothing in this section affects any copyright subsisting in a film sound track as a

sound recording.

5 Revised s.6(1) substituted, and s.6(1A) added, by SI 2003/2498. Words “or a transmission which is a

broadcast” substituted in s.6(3) by SI 2003/2498 (replacing original wording “, broadcasting a work or

including a work in a broadcast”). Revised s.6(4) substituted, and s.6(4A) inserted, by SI 1996/2967,

and word “wireless” added in s.6(4) by SI 2003/2498. s.6(5A) added, and words “or in a cable

programme” deleted from s.6(6), by SI 2003/2498.

65 Broadcasts

(1) In this Part a "broadcast" means an electronic transmission of visual images, sounds

or other information which –

(a) is transmitted for simultaneous reception by members of the public and is

capable of being lawfully received by them, or

(b) is transmitted at a time determined solely by the person making the

transmission for presentation to members of the public,

and which is not excepted by subsection (1A); and references to broadcasting shall

be construed accordingly.

(1A) Excepted from the definition of "broadcast" is any internet transmission unless it

is –

(a) a transmission taking place simultaneously on the internet and by other means,

(b) a concurrent transmission of a live event, or

programme service offered by the person responsible for making the

transmission, being a service in which programmes are transmitted at

scheduled times determined by that person.

(2) An encrypted transmission shall be regarded as capable of being lawfully received

by members of the public only if decoding equipment has been made available to

members of the public by or with the authority of the person making the transmission

or the person providing the contents of the transmission.

(3) References in this Part to the person making a broadcast or a transmission which is

a broadcast are –

(a) to the person transmitting the programme, if he has responsibility to any extent

for its contents, and

(b) to any person providing the programme who makes with the person

transmitting it the arrangements necessary for its transmission;

and references in this Part to a programme, in the context of broadcasting, are to any

item included in a broadcast.

(4) For the purposes of this Part, the place from which a wireless broadcast is made is

the place where, under the control and responsibility of the person making the

broadcast, the programme-carrying signals are introduced into an uninterrupted chain

of communication (including, in the case of a satellite transmission, the chain leading

to the satellite and down towards the earth).

(4A) Subsections (3) and (4) have effect subject to section 6A (safeguards in case of

certain satellite broadcasts).

(5) References in this Part to the reception of a broadcast include reception of a

broadcast relayed by means of a telecommunications system.

(5A) The relaying of a broadcast by reception and immediate re-transmission shall be

regarded for the purposes of this Part as a separate act of broadcasting from the

making of the broadcast which is so re-transmitted.

(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it

infringes, the copyright in another broadcast [---].

6 Inserted by SI 1996/2967, and word “wireless” added to ss.6A(1)(a), (b) & (c) by SI 2003/2498.

7 s.7 (cable programmes) deleted by SI 2003/2498.

8 Original s.9(2)(a) replaced by ss.9(2)(aa) & (ab), SI 1996/2967. s.9(2)(c) (authorship of cable

programmes) deleted by SI 2003/2498.

6A6 Safeguards in case of certain satellite broadcasts

(1) This section applies where the place from which a broadcast by way of satellite

transmission is made is located in a country other than an EEA State and the law of

that country fails to provide at least the following level of protection –

(a) exclusive rights in relation to wireless broadcasting equivalent to those

conferred by section 20 (infringement by communication to the public) on the

authors of literary, dramatic, musical and artistic works, films and broadcasts;

(b) a right in relation to live wireless broadcasting equivalent to that conferred on

a performer by section 182(1)(b) (consent required for live broadcast of

performance); and

equitable remuneration in respect of the wireless broadcasting of sound

recordings.

(2) Where the place from which the programme-carrying signals are transmitted to the

satellite (“the uplink station”) is located in an EEA State –

(a) that place shall be treated as the place from which the broadcast is made, and

(b) the person operating the uplink station shall be treated as the person making

the broadcast.

(3) Where the uplink station is not located in an EEA State but a person who is

established in an EEA State has commissioned the making of the broadcast –

(a) that person shall be treated as the person making the broadcast, and

(b) the place in which he has his principal establishment in the European

Economic Area shall be treated as the place from which the broadcast is made.

[7]7

8 Published editions

(1) In this Part "published edition", in the context of copyright in the typographical

arrangement of a published edition, means a published edition of the whole or any

part of one or more literary, dramatic or musical works.

(2) Copyright does not subsist in the typographical arrangement of a published edition

if, or to the extent that, it reproduces the typographical arrangement of a previous

edition.

Authorship and ownership of copyright

9 Authorship of work

(1) In this Part "author", in relation to a work, means the person who creates it.

(2)8 That person shall be taken to be –

(aa) in the case of a sound recording, the producer;

(ab) in the case of a film, the producer and the principal director;

(b) in the case of a broadcast, the person making the broadcast (see section 6(3))

or, in the case of a broadcast which relays another broadcast by reception and

immediate re-transmission, the person making that other broadcast;

[(c)]

9 Added by SI 1996/2967.

10 Words “, or a film,” added by SI 1996/2967.

11 Revised s.12 substituted by SI 1995/3297.

(d) in the case of the typographical arrangement of a published edition, the

publisher.

(3) In the case of a literary, dramatic, musical or artistic work which is

computer-generated, the author shall be taken to be the person by whom the

arrangements necessary for the creation of the work are undertaken.

(4) For the purposes of this Part a work is of "unknown authorship" if the identity of the

author is unknown or, in the case of a work of joint authorship, if the identity of none

of the authors is known.

(5) For the purposes of this Part the identity of an author shall be regarded as unknown

if it is not possible for a person to ascertain his identity by reasonable inquiry; but if

his identity is once known it shall not subsequently be regarded as unknown.

10 Works of joint authorship

(1) In this Part a "work of joint authorship" means a work produced by the collaboration

of two or more authors in which the contribution of each author is not distinct from

that of the other author or authors.

(1A)9 A film shall be treated as a work of joint authorship unless the producer and

the principal director are the same person.

(2) A broadcast shall be treated as a work of joint authorship in any case where more

than one person is to be taken as making the broadcast (see section 6(3)).

(3) References in this Part to the author of a work shall, except as otherwise provided,

be construed in relation to a work of joint authorship as references to all the authors

of the work.

11 First ownership of copyright

(1) The author of a work is the first owner of any copyright in it, subject to the following

provisions.

(2) Where a literary, dramatic, musical or artistic work, or a film10, is made by an

employee in the course of his employment, his employer is the first owner of any

(3) This section does not apply to Crown copyright or Parliamentary copyright (see

section 163 and 165) or to copyright which subsists by virtue of section 168

(copyright of certain international organisations).

Duration of copyright

1211 Duration of copyright in literary, dramatic, musical or artistic works

(1) The following provisions have effect with respect to the duration of copyright in a

literary, dramatic, musical or artistic work.

(2) Copyright expires at the end of the period of 70 years from the end of the calendar

year in which the author dies, subject as follows.

(3) If the work is of unknown authorship, copyright expires –

(a) at the end of the period of 70 years from the end of the calendar year in which

the work was made, or

(b) if during that period the work is made available to the public, at the end of the

period of 70 years from the end of the calendar year in which it is first so made

12 Reference to s.166B inserted by Northern Ireland Act 1998 (replacing original reference to s.166).

13 Original s.13 replaced by ss.13A & 13B, SI 1995/3297. Revised s.13A(2) substituted, and s.13A(3)

deleted, by SI 2003/2498.

available,

subject as follows.

(4) Subsection (2) applies if the identity of the author becomes known before the end of

the period specified in paragraph (a) or (b) of subsection (3).

(5) For the purposes of subsection (3) making available to the public includes –

(a) in the case of a literary, dramatic or musical work –

(i) performance in public, or

(ii) communication to the public;

(b) in the case of an artistic work –

(i) exhibition in public,

(ii) a film including the work being shown in public, or

(iii) communication to the public;

but in determining generally for the purposes of that subsection whether a work has

been made available to the public no account shall be taken of any unauthorised act.

(6) Where the country of origin of the work is not an EEA state and the author of the

work is not a national of an EEA state, the duration of copyright is that to which the

work is entitled in the country of origin, provided that does not exceed the period

which would apply under subsections (2) to (5).

(7) If the work is computer-generated the above provisions do not apply and copyright

expires at the end of the period of 50 years from the end of the calendar year in which

the work was made.

(8) The provisions of this section are adapted as follows in relation to a work of joint

authorship –

(a) the reference in subsection (2) to the death of the author shall be construed –

(i) if the identity of all the authors is known, as a reference to the death of

the last of them to die, and

(ii) if the identity of one or more of the authors is known and the identity of

one or more others is not, as a reference to the death of the last whose

identity is known;

(b) the reference in subsection (4) to the identity of the author becoming known

shall be construed as a reference to the identity of any of the authors becoming

known;

state shall be construed as a reference to none of the authors being a national

of an EEA state.

(9) This section does not apply to Crown copyright or Parliamentary copyright (see

sections 163 to 166B12) or to copyright which subsists by virtue of section 168

(copyright of certain international organisations).

13A13 Duration of copyright in sound recordings

(1) The following provisions have effect with respect to the duration of copyright in a

sound recording.

(2) Subject to subsections (4) and (5), copyright expires –

(a) at the end of the period of 50 years from the end of the calendar year in which

the recording is made, or

(b) if during that period the recording is published, 50 years from the end of the

calendar year in which it is first published, or

public by being played in public or communicated to the public, 50 years from

the end of the calendar year in which it is first so made available,

but in determining whether a sound recording has been published, played in public

or communicated to the public, no account shall be taken of any unauthorised act.

[(3)]

(4) Where the author of a sound recording is not a national of an EEA state, the duration

of copyright is that to which the sound recording is entitled in the country of which

the author is a national, provided that does not exceed the period which would apply

under subsection (2).

(5) If or to the extent that the application of subsection (4) would be at variance with an

international obligation to which the United Kingdom became subject prior to 29th

October 1993, the duration of copyright shall be as specified in subsection (2).

13B Duration of copyright in films

(1) The following provisions have effect with respect to the duration of copyright in a

film.

(2) Copyright expires at the end of the period of 70 years from the end of the calendar

year in which the death occurs of the last to die of the following persons –

(a) the principal director,

(b) the author of the screenplay,

(d) the composer of music specially created for and used in the film;

subject as follows.

(3) If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is

known and the identity of one or more others is not, the reference in that subsection

to the death of the last of them to die shall be construed as a reference to the death

of the last whose identity is known.

(4) If the identity of the persons referred to in subsection (2)(a) to (d) is unknown,

(a) the end of the period of 70 years from the end of the calendar year in which the

film was made, or

(b) if during that period the film is made available to the public, at the end of the

period of 70 years from the end of the calendar year in which it is first so made

available.

(5) Subsections (2) and (3) apply if the identity of any of those persons becomes known

before the end of the period specified in paragraph (a) or (b) of subsection (4).

(6) For the purposes of subsection (4) making available to the public includes –

(a) showing in public, or

(b) communicating to the public;

but in determining generally for the purposes of that subsection whether a film has

been made available to the public no account shall be taken of any unauthorised act.

(7) Where the country of origin is not an EEA state and the author of the film is not a

national of an EEA state, the duration of copyright is that to which the work is

entitled in the country of origin, provided that does not exceed the period which

would apply under subsections (2) to (6).

14 Revised s.14 substituted by SI 1995/3297, and amended by SI 2003/2498 to refer throughout only to a

“broadcast” (rather than also to a “cable programme”).

15 Added by SI 1995/3297.

(8) In relation to a film of which there are joint authors, the reference in subsection (7)

to the author not being a national of an EEA state shall be construed as a reference

to none of the authors being a national of an EEA state.

(9) If in any case there is no person falling within paragraphs (a) to (d) of subsection (2),

the above provisions do not apply and copyright expires at the end of the period of

50 years from the end of the calendar year in which the film was made.

(10) For the purposes of this section the identity of any of the persons referred to in

subsection 2(a) to (d) shall be regarded as unknown if it is not possible for a person

to ascertain his identity by reasonable inquiry; but if the identity of any such person

is once known it shall not subsequently be regarded as unknown.

1414 Duration of copyright in broadcasts

(1) The following provisions have effect with respect to the duration of copyright in a

broadcast.

(2) Copyright in a broadcast expires at the end of the period of 50 years from the end of

the calendar year in which the broadcast was made, subject as follows.

(3) Where the author of the broadcast is not a national of an EEA state, the duration of

author is a national, provided that does not exceed the period which would apply

under subsection (2).

(4) If or the extent that the application of subsection (3) would be at variance with an

international obligation to which the United Kingdom became subject prior to 29th

October 1993, the duration of copyright shall be as specified in subsection (2).

(5) Copyright in a repeat broadcast expires at the same time as the copyright in the

original broadcast; and accordingly no copyright arises in respect of a repeat

broadcast which is broadcast after the expiry of the copyright in the original

broadcast.

(6) A repeat broadcast means one which is a repeat of a broadcast previously made.

15 Duration of copyright in typographical arrangement of published editions

the period of 25 years from the end of the calendar year in which the edition was first

published.

15A15 Meaning of country of origin

(1) For the purposes of the provisions of this Part relating to the duration of copyright the

country of origin of a work shall be determined as follows.

(2) If the work is first published in a Berne Convention country and is not simultaneously

published elsewhere, the country of origin is that country.

(3) If the work is first published simultaneously in two or more countries only one of

which is a Berne Convention country, the country of origin is that country.

(4) If the work is first published simultaneously in two or more countries of which two

or more are Berne Convention countries, then –

(a) if any of those countries is an EEA state, the country of origin is that country;

and

(b) if none of those countries is an EEA state, the country of origin is the Berne

16 s.16(1)(ba) added by SI 1996/2967. Revised s.16(1)(d) substituted by SI 2003/2498 (replacing original

wording “to broadcast the work or include it in a cable programme service (see section 20)”.

Convention country which grants the shorter or shortest period of copyright

protection.

(5) If the work is unpublished or is first published in a country which is not a Berne

Convention country (and is not simultaneously published in a Berne Convention

country), the country of origin is –

(a) if the work is a film and the maker of the film has his headquarters in, or is

domiciled or resident in a Berne Convention country, that country;

(b) if the work is –

(i) a work of architecture constructed in a Berne Convention country, or

(ii) an artistic work incorporated in a building or other structure situated in

a Berne Convention country,

that country;

(6) In this section –

(a) a “Berne Convention country” means a country which is party to any Act of

the International Convention for the Protection of Literary and Artistic Works

signed at Berne on 9th September 1886; and

(b) references to simultaneous publication are to publication within 30 days of first

publication.

CHAPTER II

RIGHTS OF COPYRIGHT OWNER

The acts restricted by copyright

16 The acts restricted by copyright in a work

(1)16 The owner of the copyright in a work has, in accordance with the following

provisions of this Chapter, the exclusive right to do the following acts in the United

Kingdom –

(a) to copy the work (see section 17);

(b) to issue copies of the work to the public (see section 18);

(ba) to rent or lend the work to the public (see section 18A);

(d) to communicate the work to the public (see section 20);

(e) to make an adaptation of the work or do any of the above in relation to an

adaptation (see section 21);

and those acts are referred to in this Part as the "acts restricted by the copyright".

(2) Copyright in a work is infringed by a person who without the licence of the copyright

owner does, or authorises another to do, any of the acts restricted by the copyright.

(3) References in this Part to the doing of an act restricted by the copyright in a work are

to the doing of it –

(a) in relation to the work as a whole or any substantial part of it, and

(b) either directly or indirectly;

and it is immaterial whether any intervening acts themselves infringe copyright.

17 Revised ss.18(2) &(3) substituted, and s.18(4) added, by SI 1996/2967.

18 Added by SI 1996/2967.

(4) This Chapter has effect subject to –

(a) the provisions of Chapter III (acts permitted in relation to copyright works),

and

(b) the provisions of Chapter VII (provisions with respect to copyright licensing).

17 Infringement of copyright by copying

(1) The copying of the work is an act restricted by the copyright in every description of

as follows.

(2) Copying in relation to a literary, dramatic, musical or artistic work means

reproducing the work in any material form.

This includes storing the work in any medium by electronic means.

(3) In relation to an artistic work copying includes the making of a copy in three

dimensions of a two-dimensional work and the making of a copy in two dimensions

of a three-dimensional work.

(4) Copying in relation to a film or broadcast includes making a photograph of the

whole or any substantial part of any image forming part of the film or broadcast.

(5) Copying in relation to the typographical arrangement of a published edition means

making a facsimile copy of the arrangement.

(6) Copying in relation to any description of work includes the making of copies which

are transient or are incidental to some other use of the work.

1817 Infringement by issue of copies to the public

(1) The issue to the public of copies of the work is an act restricted by the copyright in

every description of copyright work.

(2) References in this Part to the issue to the public of copies of a work are to –

(a) the act of putting into circulation in the EEA copies not previously put into

circulation in the EEA by or with the consent of the copyright owner, or

(b) the act of putting into circulation outside the EEA copies not previously put

into circulation in the EEA or elsewhere.

(3) References in this Part to the issue to the public of copies of a work do not include–

(a) any subsequent distribution, sale, hiring or loan of copies previously put into

circulation (but see section 18A: infringement by rental or lending), or

(b) any subsequent importation of such copies into the United Kingdom or another

EEA state,

except so far as paragraph (a) of subsection (2) applies to putting into circulation in

the EEA copies previously put into circulation outside the EEA.

(4) References in this Part to the issue of copies of a work include the issue of the

original.

18A18 Infringement by rental or lending of work to the public

(1) The rental or lending of copies of the work to the public is an act restricted by the

(a) a literary, dramatic or musical work,

(b) an artistic work, other than –

(i) a work of architecture in the form of a building or a model for a building,

19 Revised s.20 substituted by SI 2003/2498.

(ii) a work of applied art, or

(2) In this Part, subject to the following provisions of this section –

(a) “rental” means making a copy of the work available for use, on terms that it

will or may be returned, for direct or indirect economic or commercial

advantage, and

(b) “lending” means making a copy of the work available for use, on terms that it

will or may be returned, otherwise than for direct or indirect economic or

commercial advantage, through an establishment which is accessible to the

public.

(3) The expressions “rental” and “lending” do not include –

(a) making available for the purpose of public performance, playing or showing

in public or communication to the public;

(b) making available for the purpose of exhibition in public; or

(4) The expression “lending” does not include making available between establishments

which are accessible to the public.

(5) Where lending by an establishment accessible to the public gives rise to a payment

the amount of which does not go beyond what is necessary to cover the operating

costs of the establishment, there is no direct or indirect economic or commercial

advantage for the purposes of this section.

(6) References in this Part to the rental or lending of copies of a work include the rental

or lending of the original.

19 Infringement by performance, showing or playing of work in public

(1) The performance of the work in public is an act restricted by the copyright in a

literary, dramatic or musical work.

(2) In this Part "performance", in relation to a work –

(a) includes delivery in the case of lectures, addresses, speeches and sermons, and

(b) in general, includes any mode of visual or acoustic presentation, including

presentation by means of a sound recording, film or broadcast of the work.

(3) The playing or showing of the work in public is an act restricted by the copyright in

a sound recording, film or broadcast.

(4) Where copyright in a work is infringed by its being performed, played or shown in

public by means of apparatus for receiving visual images or sounds conveyed by

electronic means, the person by whom the visual images or sounds are sent, and in

the case of a performance the performers, shall not be regarded as responsible for the

infringement.

2019 Infringement by communication to the public

(1) The communication to the public of the work is an act restricted by the copyright

in –

(a) a literary, dramatic, musical or artistic work,

(b) a sound recording or film, or

(2) References in this Part to communication to the public are to communication to the

20 s.21(3)(ab), and words “ work, other than a computer program” in s.21(3)(a), added by SI 1992/3233.

Words “or a database, or in relation to a” in s.21(3)(a), and s.21(3)(ac), added by SI 1997/3032. Words

“otherwise than incidentally in the course of running the program” deleted in s.21(4) by SI 1992/3233.

public by electronic transmission, and in relation to a work include –

(a) the broadcasting of the work;

(b) the making available to the public of the work 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.

2120 Infringement by making adaptation or act done in relation to adaptation

(1) The making of an adaptation of the work is an act restricted by the copyright in a

literary, dramatic or musical work.

For this purpose an adaptation is made when it is recorded, in writing or otherwise.

(2) The doing of any of the acts specified in sections 17 to 20, or subsection (1) above,

in relation to an adaptation of the work is also an act restricted by the copyright in a

literary, dramatic or musical work.

For this purpose it is immaterial whether the adaptation has been recorded, in writing

or otherwise, at the time the act is done.

(3 In this Part "adaptation" –

(a) in relation to a literary work, other than a computer program or a database, or

in relation to a dramatic work, means –

(i) a translation of the work;

(ii) a version of a dramatic work in which it is converted into a

non-dramatic work or, as the case may be, of a non-dramatic work in

which it is converted into a dramatic work;

(iii) a version of the work in which the story or action is conveyed wholly

or mainly by means of pictures in a form suitable for reproduction in

a book, or in a newspaper, magazine or similar periodical;

(ab) in relation to a computer program, means an arrangement or altered version

of the program or a translation of it;

(ac) in relation to a database, means an arrangement or altered version of the

database or a translation of it;

(b) in relation to a musical work, means an arrangement or transcription of the

work.

(4) In relation to a computer program a "translation" includes a version of the program

in which it is converted into or out of a computer language or code or into a different

computer language or code [---].

(5) No inference shall be drawn from this section as to what does or does not amount to

copying a work.

Secondary infringement of copyright

22 Secondary infringement: importing infringing copy

The copyright in a work is infringed by a person who, without the licence of the copyright

owner, imports into the United Kingdom, otherwise than for his private and domestic use,

an article which is, and which he knows or has reason to believe is, an infringing copy of

the work.

23 Secondary infringement: possessing or dealing with infringing copy

The copyright in a work is infringed by a person who, without the licence of the copyright

owner –

(a) possesses in the course of a business,

(b) sells or lets for hire, or offers or exposes for sale or hire,

(d) distributes otherwise than in the course of a business to such an extent as to

affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of

the work.

24 Secondary infringement: providing means for making infringing copies

(1) Copyright in a work is infringed by a person who, without the licence of the

(a) makes,

(b) imports into the United Kingdom,

(d) sells or lets for hire, or offers or exposes for sale or hire,

an article specifically designed or adapted for making copies of that work, knowing

or having reason to believe that it is to be used to make infringing copies.

(2) Copyright in a work is infringed by a person who without the licence of the copyright

owner transmits the work by means of a telecommunications system (otherwise than

by communication to the public), knowing or having reason to believe that infringing

copies of the work will be made by means of the reception of the transmission in the

United Kingdom or elsewhere.

25 Secondary infringement: permitting use of premises for infringing performance

(1) Where the copyright in a literary, dramatic or musical work is infringed by a

performance at a place of public entertainment, any person who gave permission for

that place to be used for the performance is also liable for the infringement unless

when he gave permission he believed on reasonable grounds that the performance

would not infringe copyright.

(2) In this section "place of public entertainment" includes premises which are occupied

mainly for other purposes but are from time to time made available for hire for the

purposes of public entertainment.

26 Secondary infringement: provision of apparatus for infringing performance, &c

(1) Where copyright in a work is infringed by a public performance of the work, or by

the playing or showing of the work in public, by means of apparatus for –

(a) playing sound recordings,

(b) showing films, or

the following persons are also liable for the infringement.

(2) A person who supplied the apparatus, or any substantial part of it, is liable for the

infringement if when he supplied the apparatus or part –

(a) he knew or had reason to believe that the apparatus was likely to be so used as

to infringe copyright, or

(b) in the case of apparatus whose normal use involves a public performance,

playing or showing, he did not believe on reasonable grounds that it would not

be so used as to infringe copyright.

21 SI 1992/3233 inserted a further subsection (3A) which was subsequently deleted by SI 1996/2967.

References in s.27(6) to ss.31A(6) &(9), 31B(9) & (10) and 31C(2) added by the Copyright (Visually

Impaired Persons) Act 2002, and to ss.70(2) & 71(2) added by SI 2003/2498.

(3) An occupier of premises who gave permission for the apparatus to be brought onto

the premises is liable for the infringement if when he gave permission he knew or had

reason to believe that the apparatus was likely to be so used as to infringe copyright.

(4) A person who supplied a copy of a sound recording or film used to infringe copyright

is liable for the infringement if when he supplied it he knew or had reason to believe

that what he supplied, or a copy made directly or indirectly from it, was likely to be

so used as to infringe copyright.

Infringing copies

2721 Meaning of “infringing copy”

(1) In this Part "infringing copy", in relation to a copyright work, shall be construed in

accordance with this section.

(2) An article is an infringing copy if its making constituted an infringement of the

(3) An article is also an infringing copy if –

(a) it has been or is proposed to be imported into the United Kingdom, and

(b) its making in the United Kingdom would have constituted an infringement of

the copyright in the work in question, or a breach of an exclusive licence

agreement relating to that work.

(4) Where in any proceedings the question arises whether an article is an infringing copy

and it is shown –

(a) that the article is a copy of the work, and

(b) that copyright subsists in the work or has subsisted at any time,

it shall be presumed until the contrary is proved that the article was made at a time

when copyright subsisted in the work.

(5) Nothing in subsection (3) shall be construed as applying to an article which may

lawfully be imported into the United Kingdom by virtue of any enforceable

Community right within the meaning of section 2(1) of the European Communities

Act 1972.

(6) In this Part "infringing copy" includes a copy falling to be treated as an infringing

copy by virtue of any of the following provisions –

section 31A(6) and (9) (making a single accessible copy for personal use),

section 31B(9) and (10) (multiple copies for visually impaired persons),

section 31C(2) (intermediate copies held by approved bodies),

section 32(5) (copies made for purposes of instruction or examination),

section 35(3) (recordings made by educational establishments for educational

purposes),

section 36(5) (reprographic copying by educational establishments for purposes of

instruction),

section 37(3)(b) (copies made by librarian or archivist in reliance on false

declaration),

section 56(2) (further copies, adaptations, &c. of work in electronic form retained

on transfer of principal copy),

section 63(2) (copies made for purpose of advertising artistic work for sale),

section 68(4) (copies made for purpose of broadcast),

22 See also s.176 and Sch. 17 of the Broadcasting Act 1990 (Annex 1) which provide for compulsory

licensing of radio and television programme listings information.

23 But see also ss. 296A & 296B, and s.137 of the Broadcasting Act 1996 (Annex II), which make void

contractual agreements purporting to prohibit or restrict certain of the acts permitted by Chapter III.

24 Added by SI 2003/2498. See also Annex IV as regards the liability of intermediaries.

25 Revised s.29(1) substituted, and ss.29(1B) & (1C) added, by SI 2003/2498. s.29(1A) (and a further

subsection 21(5)) added by SI 1997/3032 and deleted by SI 2003/2498. Words “of research or private

study” substituted in s.29(2) by SI 2003/2498 (in place of original words “mentioned in subsection (1)”).

s.29(4) added by SI 1992/3233, and s.29(4A) by SI 2003/2498.

section 70(2) (recording for the purposes of time-shifting),

section 71(2) (photographs of broadcasts), or

any provision of an order under section 141 (statutory licence for certain

reprographic copying by educational establishments).

CHAPTER III

ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS 22

Introductory

28 Introductory provisions

(1) The provisions of this Chapter specify acts which may be done in relation to

question of infringement of copyright and do not affect any other right or obligation

restricting the doing of any of the specified acts.23

(2) Where it is provided by this Chapter that an act does not infringe copyright, or may

be done without infringing copyright, and no particular description of copyright work

is mentioned, the act in question does not infringe the copyright in a work of any

description.

(3) No inference shall be drawn from the description of any act which may by virtue of

this Chapter be done without infringing copyright as to the scope of the acts restricted

by the copyright in any description of work.

(4) The provisions of this Chapter are to be construed independently of each other, so

that the fact that an act does not fall within one provision does not mean that it is not

covered by another provision.

General

28A24 Making of temporary copies

dramatic, musical or artistic work, the typographical arrangement of a published edition,

a sound recording or a film, is not infringed by the making of a temporary copy which is

transient or incidental, which is an integral and essential part of a technological process

and the sole purpose of which is to enable –

(a) a transmission of the work in a network between third parties by an

intermediary; or

(b) a lawful use of the work;

and which has no independent economic significance.

2925 Research and private study

(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of

research for a non-commercial purpose does not infringe any copyright in the work

26 Words after “acknowledgement” in s.30(1), and s.30 (1A), added by SI 2003/2498. See also s.137 of

the Broadcasting Act 1996 (Annex II) as regards s.30(2). Words “or broadcast ----- otherwise”

substituted in s.30(3) by SI 2003/2498 (replacing original words “, broadcast or cable programme”).

provided that it is accompanied by a sufficient acknowledgement.

[(1A)]

(1B) No acknowledgement is required in connection with fair dealing for the purposes

mentioned in subsection (1) where this would be impossible for reasons of

practicality or otherwise.

(1C) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of

private study does not infringe any copyright in the work.

(2) Fair dealing with the typographical arrangement of a published edition for the

purposes of research or private study does not infringe any copyright in the

arrangement.

(3) Copying by a person other than the researcher or student himself is not fair dealing

if –

(a) in the case of a librarian, or a person acting on behalf of a librarian, he does

anything which regulations under section 40 would not permit to be done

under section 38 or 39 (articles or parts of published works: restriction on

multiple copies of same material), or

(b) in any other case, the person doing the copying knows or has reason to believe

that it will result in copies of substantially the same material being provided

to more than one person at substantially the same time and for substantially the

same purpose.

(4) It is not fair dealing –

(a) to convert a computer program expressed in a low level language into a version

expressed in a higher level language, or

(b) incidentally in the course of so converting the program, to copy it,

(these acts being permitted if done in accordance with section 50B (decompilation)).

(4A) It is not fair dealing to observe, study or test the functioning of a computer program

in order to determine the ideas and principles which underlie any element of the

program (these acts being permitted if done in accordance with section 50BA

(observing, studying and testing)).

3026 Criticism, review and news reporting

(1) Fair dealing with a work for the purpose of criticism or review, of that or another

work or of a performance of a work, does not infringe any copyright in the work

provided that it is accompanied by a sufficient acknowledgement and provided that

the work has been made available to the public.

(1A) For the purposes of subsection (1) a work has been made available to the public if

it has been made available by any means, including –

(a) the issue of copies to the public;

(b) making the work available by means of an electronic retrieval system;

(d) the performance, exhibition, playing or showing of the work in public;

(e) the communication to the public of the work,

but in determining generally for the purposes of that subsection whether a work has

been made available to the public no account shall be taken of any unauthorised act.

(2) Fair dealing with a work (other than a photograph) for the purpose of reporting

27 ss.31A-31F added by the Copyright (Visually Impaired Persons) Act 2002.

current events does not infringe any copyright in the work provided that (subject to

subsection (3)) it is accompanied by a sufficient acknowledgement.

(3) No acknowledgement is required in connection with the reporting of current events

by means of a sound recording, film or broadcast where this would be impossible for

reasons of practicality or otherwise.

31 Incidental inclusion of copyright material

(1) Copyright in a work is not infringed by its incidental inclusion in an artistic work,

sound recording, film or broadcast.

(2) Nor is the copyright infringed by the issue to the public of copies, or the playing,

showing or communication to the public, of anything whose making was, by virtue

of subsection (1), not an infringement of the copyright.

(3) A musical work, words spoken or sung with music, or so much of a sound recording

or broadcast as includes a musical work or such words, shall not be regarded as

incidentally included in another work if it is deliberately included.

Visual impairment 27

31A Making a single accessible copy for personal use

(1) If a visually impaired person has lawful possession or lawful use of a copy ("the

master copy") of the whole or part of –

(a) a literary, dramatic, musical or artistic work; or

(b) a published edition,

which is not accessible to him because of the impairment, it is not an infringement

of copyright in the work, or in the typographical arrangement of the published

edition, for an accessible copy of the master copy to be made for his personal use.

(2) Subsection (1) does not apply –

(a) if the master copy is of a musical work, or part of a musical work, and the

making of an accessible copy would involve recording a performance of the

work or part of it; or

(b) if the master copy is of a database, or part of a database, and the making of an

accessible copy would infringe copyright in the database.

(3) Subsection (1) does not apply in relation to the making of an accessible copy for a

particular visually impaired person if, or to the extent that, copies of the copyright

work are commercially available, by or with the authority of the copyright owner, in

a form that is accessible to that person.

(4) An accessible copy made under this section must be accompanied by –

(a) a statement that it is made under this section; and

(b) a sufficient acknowledgement.

(5) If a person makes an accessible copy on behalf of a visually impaired person under

this section and charges for it, the sum charged must not exceed the cost of making

and supplying the copy.

(6) If a person holds an accessible copy made under subsection (1) when he is not

entitled to have it made under that subsection, the copy is to be treated as an

infringing copy, unless he is a person falling within subsection (7)(b).

(7) A person who holds an accessible copy made under subsection (1) may transfer it

to –

(a) a visually impaired person entitled to have the accessible copy made under

subsection (1); or

(b) a person who has lawful possession of the master copy and intends to transfer

the accessible copy to a person falling within paragraph (a).

(8) The transfer by a person ("V") of an accessible copy made under subsection (1) to

another person ("T") is an infringement of copyright by V unless V has reasonable

grounds for believing that T is a person falling within subsection (7)(a) or (b).

(9) If an accessible copy which would be an infringing copy but for this section is

subsequently dealt with –

(a) it is to be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, is to be treated as an infringing copy for all

subsequent purposes.

(10) In subsection (9), "dealt with" means sold or let for hire or offered or exposed for sale

or hire or communicated to the public.

31B Multiple copies for visually impaired persons

(1) If an approved body has lawful possession of a copy ("the master copy") of the whole

or part of –

(a) a commercially published literary, dramatic, musical or artistic work; or

(b) a commercially published edition,

it is not an infringement of copyright in the work, or in the typographical

arrangement of the published edition, for the body to make, or supply, accessible

copies for the personal use of visually impaired persons to whom the master copy is

not accessible because of their impairment.

(2) Subsection (1) does not apply –

(a) if the master copy is of a musical work, or part of a musical work, and the

making of an accessible copy would involve recording a performance of the

work or part of it; or

(b) if the master copy is of a database, or part of a database, and the making of an

accessible copy would infringe copyright in the database.

(3) Subsection (1) does not apply in relation to the making of an accessible copy if, or

to the extent that, copies of the copyright work are commercially available, by or

with the authority of the copyright owner, in a form that is accessible to the same or

substantially the same degree.

(4) Subsection (1) does not apply in relation to the supply of an accessible copy to a

particular visually impaired person if, or to the extent that, copies of the copyright

work are commercially available, by or with the authority of the copyright owner, in

a form that is accessible to that person.

(5) An accessible copy made under this section must be accompanied by –

(a) a statement that it is made under this section; and

(b) a sufficient acknowledgement.

(6) If an approved body charges for supplying a copy made under this section, the sum

charged must not exceed the cost of making and supplying the copy.

(7) An approved body making copies under this section must, if it is an educational

establishment, ensure that the copies will be used only for its educational purposes.

(8) If the master copy is in copy-protected electronic form, any accessible copy made of

it under this section must, so far as it is reasonably practicable to do so, incorporate

the same, or equally effective, copy protection (unless the copyright owner agrees

otherwise).

(9) If an approved body continues to hold an accessible copy made under subsection (1)

when it would no longer be entitled to make or supply such a copy under that

subsection, the copy is to be treated as an infringing copy.

(10) If an accessible copy which would be an infringing copy but for this section is

subsequently dealt with –

(a) it is to be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, is to be treated as an infringing copy for all

subsequent purposes.

(11) In subsection (10), "dealt with" means sold or let for hire or offered or exposed for

sale or hire or communicated to the public.

(12) "Approved body" means an educational establishment or a body that is not conducted

for profit.

(13) "Supplying" includes lending.

31C Intermediate copies and records

(1) An approved body entitled to make accessible copies under section 31B may hold an

intermediate copy of the master copy which is necessarily created during the

production of the accessible copies, but only –

(a) if and so long as the approved body continues to be entitled to make accessible

copies of that master copy; and

(b) for the purposes of the production of further accessible copies.

(2) An intermediate copy which is held in breach of subsection (1) is to be treated as an

infringing copy.

(3) An approved body may lend or transfer the intermediate copy to another approved

body which is entitled to make accessible copies of the work or published edition

under section 31B.

(4) The loan or transfer by an approved body ("A") of an intermediate copy to another

person ("B") is an infringement of copyright by A unless A has reasonable grounds

for believing that B –

(a) is another approved body which is entitled to make accessible copies of the

work or published edition under section 31B; and

(b) will use the intermediate copy only for the purposes of the production of

further accessible copies.

(5) If an approved body charges for lending or transferring the intermediate copy, the

sum charged must not exceed the cost of the loan or transfer.

(6) An approved body must –

(a) keep records of accessible copies made under section 31B and of the persons

to whom they are supplied;

(b) keep records of any intermediate copy lent or transferred under this section and

of the persons to whom it is lent or transferred; and

notice, to inspect the records at any reasonable time.

(7) Within a reasonable time of making an accessible copy under section 31B, or lending

or transferring an intermediate copy under this section, the approved body must –

(a) notify each relevant representative body; or

(b) if there is no such body, notify the copyright owner.

(8) A relevant representative body is a body which –

(a) represents particular copyright owners, or owners of copyright in the type of

(b) has given notice to the Secretary of State of the copyright owners, or the

classes of copyright owner, represented by it.

(9) The requirement to notify the copyright owner under subsection (7)(b) does not apply

if it is not reasonably possible for the approved body to ascertain the name and

address of the copyright owner.

31D Licensing schemes

(1) Section 31B does not apply to the making of an accessible copy in a particular form

if –

(a) a licensing scheme operated by a licensing body is in force under which

licences may be granted by the licensing body permitting the making and

supply of copies of the copyright work in that form;

(b) the scheme is not unreasonably restrictive; and

of State by the licensing body.

(2) A scheme is unreasonably restrictive if it includes a term or condition which –

(a) purports to prevent or limit the steps that may be taken under section 31B or

31C; or

(b) has that effect.

(3) But subsection (2) does not apply if –

(a) the copyright work is no longer published by or with the authority of the

(b) there are reasonable grounds for preventing or restricting the making of

accessible copies of the work.

(4) If section 31B or 31C is displaced by a licensing scheme, sections 119 to 122 apply

in relation to the scheme as if it were one to which those sections applied as a result

of section 117.

31E Limitations, etc. following infringement of copyright

(1) The Secretary of State may make an order under this section if it appears to him that

the making of copies –

(a) under section 31B; or

(b) under a licence granted under a licensing scheme that has been notified under

section 31D,

has led to infringement of copyright on a scale which, in the Secretary of State's

opinion, would not have occurred if section 31B had not been in force, or the licence

had not been granted.

(2) The order may prohibit one or more named approved bodies, or one or more

specified categories of approved body, from –

(a) acting under section 31B; or

(b) acting under a licence of a description specified in the order.

(3) The order may disapply –

(a) the provisions of section 31B; or

(b) the provisions of a licence, or a licensing scheme, of a description specified in

the order,

in respect of the making of copies of a description so specified.

(4) If the Secretary of State proposes to make an order he must, before making it,

consult –

(a) such bodies representing copyright owners as he thinks fit; and

(b) such bodies representing visually impaired persons as he thinks fit.

(5) If the Secretary of State proposes to make an order which includes a prohibition he

must, before making it, consult –

(a) if the proposed order is to apply to one or more named approved bodies, that

body or those bodies;

(b) if it is to apply to one or more specified categories of approved body, to such

bodies representing approved bodies of that category or those categories as he

thinks fit.

(6) An approved body which is prohibited by an order from acting under a licence may

not apply to the Copyright Tribunal under section 121(1) in respect of a refusal or

failure by a licensing body to grant such a licence.

31F Definitions and other supplementary provision for sections 31A to 31E

(1) This section supplements sections 31A to 31E and includes definitions.

(2) A copy of a copyright work (other than an accessible copy made under section 31A

or 31B) is to be taken to be accessible to a visually impaired person only if it is as

accessible to him as it would be if he were not visually impaired.

(3) “Accessible copy", in relation to a copyright work, means a version which provides

for a visually impaired person improved access to the work.

(4) An accessible copy may include facilities for navigating around the version of the

(a) changes that are not necessary to overcome problems caused by visual

impairment; or

(b) changes which infringe the right (provided by section 80) not to have the work

subjected to derogatory treatment.

(5) "Approved body" has the meaning given in section 31B(12).

(6) "Lending", in relation to a copy, means making it available for use, otherwise than

for direct or indirect economic or commercial advantage, on terms that it will or may

be returned.

(7) For the purposes of subsection (6), a loan is not to be treated as being for direct or

indirect economic or commercial advantage if a charge is made for the loan which

does not exceed the cost of making and supplying the copy.

(8) The definition of "lending" in section 18A does not apply for the purposes of sections

31B and 31C.

(9) "Visually impaired person" means a person –

(a) who is blind;

(b) who has an impairment of visual function which cannot be improved, by the

use of corrective lenses, to a level that would normally be acceptable for

reading without a special level or kind of light;

28 Revised ss.32(1) & (2) substituted, ss.31(2A), (2B) & (3A) and words in s.32(3) after “answering the

questions” added, and revised definition of “dealt with” in s.32(5) substituted, by SI 2003/2498.

(d) who is unable, through physical disability, to focus or move his eyes to the

extent that would normally be acceptable for reading.

(10) The Secretary of State may by regulations prescribe –

(a) the form in which; or

(b) the procedure in accordance with which,

any notice required under section 31C(7) or (8), or 31D(1), must be given.

(11) Any power to make regulations or orders is exercisable by statutory instrument

subject to annulment in pursuance of a resolution of either House of Parliament.

Education

3228 Things done for purposes of instruction or examination

(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being

copied in the course of instruction or of preparation for instruction, provided the

copying –

(a) is done by a person giving or receiving instruction,

(b) is not done by means of a reprographic process, and

and provided that the instruction is for a non-commercial purpose.

(2) Copyright in a sound recording, film or broadcast is not infringed by its being copied

by making a film or film sound-track in the course of instruction, or of preparation

for instruction, in the making of films or film sound-tracks, provided the copying –

(a) is done by a person giving or receiving instruction, and

(b) is accompanied by a sufficient acknowledgement,

and provided that the instruction is for a non-commercial purpose.

(2A) Copyright in a literary, dramatic, musical or artistic work which has been made

available to the public is not infringed by its being copied in the course of instruction

or of preparation for instruction, provided the copying–

(a) is fair dealing with the work,

(b) is done by a person giving or receiving instruction,

(d) is accompanied by a sufficient acknowledgement.

(2B) The provisions of section 30(1A) (works made available to the public) apply for the

purposes of subsection (2A) as they apply for the purposes of section 30(1).

(3) Copyright is not infringed by anything done for the purposes of an examination by

way of setting the questions, communicating the questions to the candidates or

answering the questions, provided that the questions are accompanied by a sufficient

acknowledgement.

(3A) No acknowledgement is required in connection with copying as mentioned in

subsection (1), (2) or (2A), or in connection with anything done for the purposes

mentioned in subsection (3), where this would be impossible for reasons of

practicality or otherwise.

(4) Subsection (3) does not extend to the making of a reprographic copy of a musical

work for use by an examination candidate in performing the work.

(5) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with, it shall be treated as an infringing

copy for the purpose of that dealing, and if that dealing infringes copyright for all

subsequent purposes.

For this purpose "dealt with" means –

(a) sold or let for hire, offered or exposed for sale or hire; or

(b) communicated to the public, unless that communication, by virtue of

subsection (3), is not an infringement of copyright.

33 Anthologies for educational use

(1) The inclusion of a short passage from a published literary or dramatic work in a

collection which—

(a) is intended for use in educational establishments and is so described in its title,

and in any advertisements issued by or on behalf of the publisher, and

(b) consists mainly of material in which no copyright subsists,

does not infringe the copyright in the work if the work itself is not intended for use

in such establishments and the inclusion is accompanied by a sufficient

acknowledgement.

(2) Subsection (1) does not authorise the inclusion of more than two excerpts from

over any period of five years.

(3) In relation to any given passage the reference in subsection (2) to excerpts from

works by the same author –

(a) shall be taken to include excerpts from works by him in collaboration with

another, and

(b) if the passage in question is from such a work, shall be taken to include

excerpts from works by any of the authors, whether alone or in collaboration

with another.

(4) References in this section to the use of a work in an educational establishment are to

any use for the educational purposes of such an establishment.

34 Performing, playing or showing work in course of activities of educational

establishment

(1) The performance of a literary, dramatic or musical work before an audience

consisting of teachers and pupils at an educational establishment and other persons

directly connected with the activities of the establishment –

(a) by a teacher or pupil in the course of the activities of the establishment, or

(b) at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

(2) The playing or showing of a sound recording, film or broadcast before such an

audience at an educational establishment for the purposes of instruction is not a

playing or showing of the work in public for the purposes of infringement of

(3) A person is not for this purpose directly connected with the activities of the

educational establishment simply because he is the parent of a pupil at the

establishment.

29 Words in s.35(1) after “included in it”, and s.35(1A) added by SI 2003/2498. Revised definition of

“dealt with”in s.35(3) substituted by that SI.

30 Words in s.36(1) after “copyright in the work” added by SI 2003/2498 (replacing original words “or in

the typographical arrangement”). ss.36(1A) & (1B) added, words “literary, dramatic or musical” before

“works” in s.36(4) deleted, and revised definition of “dealt with” in s.36(5) substituted, by that SI.

3529 Recording by educational establishments of broadcasts

(1) A recording of a broadcast, or a copy of such a recording, may be made by or on

behalf of an educational establishment for the educational purposes of that

establishment without thereby infringing the copyright in the broadcast, or in any

work included in it, provided that it is accompanied by a sufficient acknowledgement

of the broadcast and that the educational purposes are non-commercial.

(1A) Copyright is not infringed where a recording of a broadcast or a copy of such a

recording, whose making was by virtue of subsection (1) not an infringement of

an educational establishment provided that the communication cannot be received

by any person situated outside the premises of that establishment.

(2) This section does not apply if or to the extent that there is licensing scheme certified

for the purposes of this section under section 143 providing for the grant of licences.

(3) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with, it shall be treated as an infringing

copy for the purposes of that dealing, and if that dealing infringes copyright for all

subsequent purposes.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale

or hire, or communicated from within the premises of an educational establishment

to any person situated outside those premises.

3630 Reprographic copying by educational establishments of passages from published

works

(1) Reprographic copies of passages from published literary, dramatic or musical works

may, to the extent permitted by this section, be made by or on behalf of an

educational establishment for the purposes of instruction without infringing any

acknowledgement and the instruction is for a non-commercial purpose.

(1A) No acknowledgement is required in connection with the making of copies as

mentioned in subsection (1) where this would be impossible for reasons of

practicality or otherwise.

(1B) Reprographic copies of passages from published editions may, to the extent

permitted by this section, be made by or on behalf of an educational establishment

for the purposes of instruction without infringing any copyright in the typographical

arrangement of the edition.

(2) Not more than one per cent. of any work may be copied by or on behalf of an

establishment by virtue of this section in any quarter, that is, in any period 1st

January to 31st March, 1st April to 30th June, 1st July to 30th September or 1st

October to 31st December.

(3) Copying is not authorised by this section if, or to the extent that, licences are

available authorising the copying in question and the person making the copies knew

or ought to have been aware of that fact.

(4) The terms of a licence granted to an educational establishment authorising the

reprographic copying for the purposes of instruction of passages from published [---]

works are of no effect so far as they purport to restrict the proportion of a work which

may be copied (whether on payment or free of charge) to less than that which would

31 Added by SI 1996/2967.

32 Revised s.38(2)(a) substituted by SI 2003/2498.

be permitted under this section.

(5) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with, it shall be treated as an infringing

copy for the purposes of that dealing, and if that dealing infringes copyright for all

subsequent purposes.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale

or hire or communicated to the public.

36A31 Lending of copies by educational establishments

establishment.

Libraries and archives

37 Libraries and archives: introductory

(1) In sections 38 to 43 (copying by librarians and archivists) –

(a) references in any provision to a prescribed library or archive are to a library

or archive of a description prescribed for the purposes of that provision by

regulations made by the Secretary of State; and

(b) references in any provision to the prescribed conditions are to the conditions

so prescribed.

(2) The regulations may provide that, where a librarian or archivist is required to be

satisfied as to any matter before making or supplying a copy of a work –

(a) he may rely on a signed declaration as to that matter by the person requesting

the copy, unless he is aware that it is false in a material particular, and

(b) in such cases as may be prescribed, he shall not make or supply a copy in the

absence of a signed declaration in such form as may be prescribed.

(3) Where a person requesting a copy makes a declaration which is false in a material

particular and is supplied with a copy which would have been an infringing copy if

made by him –

(a) he is liable for infringement of copyright as if he had made the copy himself,

and

(b) the copy shall be treated as an infringing copy.

(4) The regulations may make different provision for different descriptions of libraries

or archives and for different purposes.

(5) Regulations shall be made by statutory instrument which shall be subject to

annulment in pursuance of a resolution of either House of Parliament.

(6) References in this section, and in sections 38 to 43, to the librarian or archivist

include a person acting on his behalf.

38 Copying by librarians: articles in periodicals

(1) The librarian of a prescribed library may, if the prescribed conditions are complied

with, make and supply a copy of an article in a periodical without infringing any

typographical arrangement.

(2) The prescribed conditions shall include the following –

(a)32 that copies are supplied only to persons satisfying the librarian that they

33 Revised s.39(2)(a) substituted by SI 2003/2498.

34 Added by SI 1996/2967.

require them for the purposes of –

(i) research for a non-commercial purpose, or

(ii) private study,

and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same article or with

copies of more than one article contained in the same issue of a periodical; and

not less than the cost (including a contribution to the general expenses of the

library) attributable to their production.

39 Copying by librarians: parts of published works

(1) The librarian of a prescribed library may, if the prescribed conditions are complied

with, make and supply from a published edition a copy of part of a literary, dramatic

or musical work (other than an article in a periodical) without infringing any

typographical arrangement.

(2) The prescribed conditions shall include the following –

(a)33 that copies are supplied only to persons satisfying the librarian that they

require them for the purposes of –

(i) research for a non-commercial purpose, or

(ii) private study,

and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same material or

with a copy of more than a reasonable proportion of any work; and

not less than the cost (including a contribution to the general expenses of the

library) attributable to their production.

40 Restriction on production of multiple copies of the same material

(1) Regulations for the purposes of section 38 and section 39 (copying by librarian of

article or part of published work) shall contain provision to the effect that a copy

shall be supplied only to a person satisfying the librarian that his requirement is not

related to any similar requirement of another person.

(2) The regulations may provide –

(a) that requirements shall be regarded as similar if the requirements are for copies

of substantially the same material at substantially the same time and for

substantially the same purpose; and

(b) that requirements of persons shall be regarded as related if those persons

receive instruction to which the material is relevant at the same time and place.

40A34 Lending of copies by libraries or archives

(1) Copyright in a work of any description is not infringed by the lending of a book by

a public library if the book is within the public lending right scheme.

For this purpose –

(a) “the public lending right scheme” means the scheme in force under section 1

of the Public Lending Right Act 1979, and

(b) a book is within the public lending right scheme if it is a book within the

35 Revised s.43(3)(a) substituted by SI 2003/2498.

meaning of the provisions of the scheme relating to eligibility, whether or not

it is in fact eligible.

(2) Copyright in a work is not infringed by the lending of copies of the work by a

prescribed library or archive (other than a public library) which is not conducted for

profit.

41 Copying by librarians: supply of copies to other libraries

(1) The librarian of a prescribed library may, if the prescribed conditions are complied

with, make and supply to another prescribed library a copy of –

(a) an article in a periodical, or

(b) the whole or part of a published edition of a literary, dramatic or musical work,

without infringing any copyright in the text of the article or, as the case may be, in

the work, in any illustrations accompanying it or in the typographical arrangement.

(2) Subsection (1)(b) does not apply if at the time the copy is made the librarian making

it knows, or could by reasonable inquiry ascertain, the name and address of a person

entitled to authorise the making of the copy.

42 Copying by librarians or archivists: replacement copies of works

(1) The librarian or archivist of a prescribed library or archive may, if the prescribed

conditions are complied with, make a copy from any item in the permanent collection

of the library or archive –

(a) in order to preserve or replace that item by placing the copy in its permanent

collection in addition to or in place of it, or

(b) in order to replace in the permanent collection of another prescribed library or

archive an item which has been lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic or musical work, in any

illustrations accompanying such a work or, in the case of a published edition, in the

typographical arrangement.

(2) The prescribed conditions shall include provision for restricting the making of copies

to cases where it is not reasonably practicable to purchase a copy of the item in

question to fulfil that purpose.

43 Copying by librarians or archivists: certain unpublished works

(1) The librarian or archivist of a prescribed library or archive may, if the prescribed

conditions are complied with, make and supply a copy of the whole or part of a

literary, dramatic or musical work from a document in the library or archive without

infringing any copyright in the work or any illustrations accompanying it.

(2) This section does not apply if –

(a) the work had been published before the document was deposited in the library

or archive, or

(b) the copyright owner has prohibited copying of the work,

and at the time the copy is made the librarian or archivist making it is, or ought to be,

aware of that fact.

(3) The prescribed conditions shall include the following –

(a)35 that copies are supplied only to persons satisfying the librarian or archivist that

they require them for the purposes of –

(i) research for a non-commercial purpose, or

(ii) private study,

36 Added by the Legal Deposit Libraries Act 2003 - see also Annex III.

and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same material; and

not less than the cost (including a contribution to the general expenses of the

library or archive) attributable to their production.

44 Copy of work required to be made as condition of export

If an article of cultural or historical importance or interest cannot lawfully be exported

from the United Kingdom unless a copy of it is made and deposited in an appropriate

library or archive, it is not an infringement of copyright to make that copy.

44A36 Legal deposit libraries

(1) Copyright is not infringed by the copying of a work from the internet by a deposit

library or person acting on its behalf if –

(a) the work is of a description prescribed by regulations under section 10(5) of

the 2003 Act,

(b) its publication on the internet, or a person publishing it there, is connected with

the United Kingdom in a manner so prescribed, and

(2) Copyright is not infringed by the doing of anything in relation to relevant material

permitted to be done under regulations under section 7 of the 2003 Act.

(3) The Secretary of State may by regulations make provision excluding, in relation to

prescribed activities done in relation to relevant material, the application of such of

the provisions of this Chapter as are prescribed.

(4) Regulations under subsection (3) may in particular make provision prescribing

activities –

(a) done for a prescribed purpose,

(b) done by prescribed descriptions of reader,

(d) done other than in accordance with prescribed conditions.

(5) Regulations under this section may make different provision for different purposes.

(6) Regulations 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.

(7) In this section –

(a) "the 2003 Act" means the Legal Deposit Libraries Act 2003;

(b) "deposit library", "reader" and "relevant material" have the same meaning as

in section 7 of the 2003 Act;

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 Northern 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

(1) 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.

(2) Where material is open to public inspection pursuant to a statutory requirement,

material, by or with the authority of the appropriate person, for the purpose of

enabling the material to be inspected at a more convenient time or place or otherwise

facilitating the exercise of any right for the purpose of which the requirement is

imposed.

(3) Where material which is open to public inspection pursuant to a statutory

requirement, or which is on a statutory register, contains information about matters

of general scientific, technical, commercial or economic interest, copyright is not

infringed by the copying or issuing to the public of copies of the material, by or with

the authority of the appropriate person, for the purpose of disseminating that

information.

(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.

(6) 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;

37 Inserted by the National Health Service and Community Care Act 1990. Words “a Primary ----- Act

1977,” added by SI 2000/90. Words “the Commission for Health Improvement” added by SI

1999/2795. Words “and an NHS foundation trust” added by the Health and Social Care (Community

Health and Standards) Act 2003. Words “and also includes ----- under that Order”, added by SI

1991/194.

38 Words “, or in Welsh ----- Act 1998),” added by the Government of Wales Act 1998.

"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.

48 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.

(2) The Crown may, for the purpose for which the work was communicated to it, or any

related purpose which could reasonably have been anticipated by the copyright

owner, copy the work and issue copies of the work to the public without infringing

any copyright in the work.

(3) The Crown may not copy a work, or issue copies of a work to the public, by virtue

of this section if the work has previously been published otherwise than by virtue of

this section.

(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.

(6)37 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, a Primary Care

Trust established under section 16A of the National Health Service Act 1977, the

Commission for Health Improvement and a National Health Service trust established

under Part I of that Act or the National Health Service (Scotland) Act 1978 and an

NHS foundation trust 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 Public Records

Act 1958, the Public Records (Scotland) Act 1937 or the Public Records Act (Northern

Ireland) 1923, or in Welsh public records (as defined in the Government of Wales Act

1998)38, 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.

50 Acts done under statutory authority

(1) 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

39 ss.50A, 50B & 50C added by SI 1992/3233.

40 s.50BA, and references thereto in ss.50A(2) & 50C(3), added by SI 2003/2498.

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.

Computer programs: lawful users 39

50A Back up copies

(1) It is not an infringement of copyright for a lawful user of a copy of a computer

program to make any back up copy of it which it is necessary for him to have for the

purposes of his lawful use.

(2) For the purposes of this section and sections 50B, 50BA and 50C a person is a lawful

user of a computer program if (whether under a licence to do any acts restricted by

the copyright in the program or otherwise), he has a right to use the program.

(3) Where an act is permitted under this section, it is irrelevant whether or not there

exists any term or condition in an agreement which purports to prohibit or restrict the

act (such terms being, by virtue of section 296A, void).

50B Decompilation

(1) It is not an infringement of copyright for a lawful user of a copy of a computer

program expressed in a low level language –

(a) to convert it into a version expressed in a higher level language, or

(b) incidentally in the course of so converting the program, to copy it,

(that is, to “decompile it”), provided that the conditions in subsection (2) are met.

(2) The conditions are that –

(a) it is necessary to decompile the program to obtain the information necessary

to create an independent program which can be operated with the program

decompiled or with another program (“the permitted objective”); and

(b) the information so obtained is not used for any purpose other than the

permitted objective.

(3) In particular, the conditions in subsection (2) are not met if the lawful user –

(a) has readily available to him the information necessary to achieve the permitted

objective;

(b) does not confine the decompiling to such acts as are necessary to achieve the

permitted objective;

it is not necessary to supply it in order to achieve the permitted objective; or

(d) uses the information to create a program which is substantially similar in its

expression to the program decompiled or to do any act restricted by copyright.

(4) Where an act is permitted under this section, it is irrelevant whether or not there

exists any term or condition in an agreement which purports to prohibit or restrict the

act (such terms being, by virtue of section 296A, void).

50BA40 Observing, studying and testing of computer programs

(1) It is not an infringement of copyright for a lawful user of a copy of a computer

program to observe, study or test the functioning of the program in order to determine

the ideas and principles which underlie any element of the program if he does so

while performing any of the acts of loading, displaying, running, transmitting or

storing the program which he is entitled to do.

41 Added by SI 1997/3032.

(2) Where an act is permitted under this section, it is irrelevant whether or not there

exists any term or condition in an agreement which purports to prohibit or restrict the

act (such terms being, by virtue of section 296A, void).

50C Other acts permitted to lawful users

(1) It is not an infringement of copyright for a lawful user of a copy of a computer

program to copy or adapt it, provided that the copying or adapting –

(a) is necessary for his lawful use; and

(b) is not prohibited under any term or condition of an agreement regulating the

circumstances in which his use is lawful.

(2) It may, in particular, be necessary for the lawful use of a computer program to copy

it or adapt it for the purpose of correcting errors in it.

(3) This section does not apply to any copying or adapting permitted under section 50A,

50B or 50BA.

Databases: permitted acts

50D41 Acts permitted in relation to databases

(1) It is not an infringement of copyright in a database for a person who has a right to use

the database or any part of the database, (whether under a licence to do any of the

acts restricted by the copyright in the database or otherwise) to do, in the exercise of

that right, anything which is necessary for the purposes of access to and use of the

contents of the database or of that part of the database.

(2) Where an act which would otherwise infringe copyright in a database is permitted

under this section, it is irrelevant whether or not there exists any term or condition

in any agreement which purports to prohibit or restrict the act (such terms being, by

virtue of section 296B, void).

Designs

51 Design documents and models

(1) It is not an infringement of any copyright in a design document or model recording

or embodying a design for anything other than an artistic work or a typeface to make

an article to the design or to copy an article made to the design.

(2) Nor is it an infringement of the copyright to issue to the public, or include in a film

or communicate to the public, anything the making of which was, by virtue of

subsection (1), not an infringement of that copyright.

(3) In this section –

"design" means the design of any aspect of the shape or configuration (whether

internal or external) of the whole or part of an article, other than surface decoration;

and

"design document" means any record of a design, whether in the form of a drawing,

a written description, a photograph, data stored in a computer or otherwise.

52 Effect of exploitation of design derived from artistic work

(1) This section applies where an artistic work has been exploited, by or with the licence

of the copyright owner, by –

(a) making by an industrial process articles falling to be treated for the purposes

of this Part as copies of the work, and

42 Words “or invalidation” added by SI 2001/3949.

(b) marketing such articles, in the United Kingdom or elsewhere.

(2) After the end of the period of 25 years from the end of the calendar year in which

such articles are first marketed, the work may be copied by making articles of any

description, or doing anything for the purpose of making articles of any description,

and anything may be done in relation to articles so made, without infringing

(3) Where only part of an artistic work is exploited as mentioned in subsection (1),

subsection (2) applies only in relation to that part.

(4) The Secretary of State may by order make provision –

(a) as to the circumstances in which an article, or any description of article, is to

be regarded for the purposes of this section as made by an industrial process;

(b) excluding from the operation of this section such articles of a primarily literary

or artistic character as he thinks fit.

(5) An order shall be made by statutory instrument which shall be subject to annulment

in pursuance of a resolution of either House of Parliament.

(6) In this section –

(a) references to articles do not include films; and

(b) references to the marketing of an article are to its being sold or let for hire or

offered or exposed for sale or hire.

53 Things done in reliance on registration of design

(1) The copyright in an artistic work is not infringed by anything done –

(a) in pursuance of an assignment or licence made or granted by a person

registered under the Registered Designs Act 1949 as the proprietor of a

corresponding design, and

(b) in good faith in reliance on the registration and without notice of any

proceedings for the cancellation or invalidation42 of the registration or for

rectifying the relevant entry in the register of designs;

and this is so notwithstanding that the person registered as the proprietor was not the

proprietor of the design for the purposes of the 1949 Act.

(2) In subsection (1) a "corresponding design", in relation to an artistic work, means a

design within the meaning of the 1949 Act which if applied to an article would

produce something which would be treated for the purposes of this Part as a copy of

the artistic work.

Typefaces

54 Use of typeface in ordinary course of printing

(1) It is not an infringement of copyright in an artistic work consisting of the design of

a typeface –

(a) to use the typeface in the ordinary course of typing, composing text,

typesetting or printing,

(b) to possess an article for the purpose of such use, or

and this is so notwithstanding that an article is used which is an infringing copy of

the work.

(2) However, the following provisions of this Part apply in relation to persons making,

importing or dealing with articles specifically designed or adapted for producing

material in a particular typeface, or possessing such articles for the purpose of

dealing with them, as if the production of material as mentioned in subsection (1) did

infringe copyright in the artistic work consisting of the design of the typeface –

section 24 (secondary infringement: making, importing, possessing or dealing with

article for making infringing copy),

sections 99 and 100 (order for delivery up and right of seizure),

section 107(2) (offence of making or possessing such an article), and

section 108 (order for delivery up in criminal proceedings).

(3) The references in subsection (2) to "dealing with" an article are to selling, letting for

hire, or offering or exposing for sale or hire, exhibiting in public, or distributing.

55 Articles for producing material in particular typeface

(1) This section applies to the copyright in an artistic work consisting of the design of a

typeface where articles specifically designed or adapted for producing material in

that typeface have been marketed by or with the licence of the copyright owner.

(2) After the period of 25 years from the end of the calendar year in which the first such

articles are marketed, the work may be copied by making further such articles, or

doing anything for the purpose of making such articles, and anything may be done

in relation to articles so made, without infringing copyright in the work.

(3) In subsection (1) "marketed" means sold, let for hire or offered or exposed for sale

or hire, in the United Kingdom or elsewhere.

Works in electronic form

56 Transfers of copies of works in electronic form

(1) This section applies where a copy of a work in electronic form has been purchased

on terms which, expressly or impliedly or by virtue of any rule of law, allow the

purchaser to copy the work, or to adapt it or make copies of an adaptation, in

connection with his use of it.

(2) If there are no express terms –

(a) prohibiting the transfer of the copy by the purchaser, imposing obligations

which continue after a transfer, prohibiting the assignment of any licence or

terminating any licence on a transfer, or

(b) providing for the terms on which a transferee may do the things which the

purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done without

infringement of copyright by a transferee; but any copy, adaptation or copy of an

adaptation made by the purchaser which is not also transferred shall be treated as an

infringing copy for all purposes after the transfer.

(3) The same applies where the original purchased copy is no longer usable and what is

transferred is a further copy used in its place.

(4) The above provisions also apply on a subsequent transfer, with the substitution for

references in subsection (2) to the purchaser of references to the subsequent

transferor.

Miscellaneous: literary, dramatic, musical and artistic works

57 Anonymous or pseudonymous works: acts permitted on assumptions as to

expiry of copyright or death of author

(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act

43 References to 70 years in ss.57(1)(b)(ii)& (2)(b) substituted by SI 1995/3297 (in place of original

references to 50 years).

done at a time when, or in pursuance of arrangements made at a time when –

(a) it is not possible by reasonable inquiry to ascertain the identity of the author,

and

(b) it is reasonable to assume –

(i) that copyright has expired, or

(ii) that the author died 7043 years or more before the beginning of the

calendar year in which the act is done or the arrangements are made.

(2) Subsection (1)(b)(ii) does not apply in relation to –

(a) a work in which Crown copyright subsists, or

(b) a work in which copyright originally vested in an international organisation by

virtue of section 168 and in respect of which an Order under that section

specifies a copyright period longer than 70 years.

(3) In relation to a work of joint authorship –

(a) the reference in subsection (1) to its being possible to ascertain the identity of

the author shall be construed as a reference to its being possible to ascertain

the identity of any of the authors, and

(b) the reference in subsection (1)(b)(ii) to the author having died shall be

construed as a reference to all the authors having died.

58 Use of notes or recordings of spoken words in certain cases

(1) Where a record of spoken words is made, in writing or otherwise, for the purpose –

(a) of reporting current events, or

(b) of communicating to the public the whole or part of the work,

it is not an infringement of any copyright in the words as a literary work to use the

record or material taken from it (or to copy the record, or any such material, and use

the copy) for that purpose, provided the following conditions are met.

(2) The conditions are that –

(a) the record is a direct record of the spoken words and is not taken from a

previous record or from a broadcast;

(b) the making of the record was not prohibited by the speaker and, where

by or on behalf of the speaker or copyright owner before the record was made;

and

(d) the use is by or with the authority of a person who is lawfully in possession of

the record.

59 Public reading or recitation

(1) The reading or recitation in public by one person of a reasonable extract from a

published literary or dramatic work does not infringe any copyright in the work if it

is accompanied by a sufficient acknowledgement.

(2) Copyright in a work is not infringed by the making of a sound recording, or the

communication to the public, of a reading or recitation which by virtue of subsection

(1) does not infringe copyright in the work, provided that the recording or

communication to the public consists mainly of material in relation to which it is not

necessary to rely on that subsection.

44 Revised s.61(4)(a) substituted by SI 2003/2498.

60 Abstracts of scientific or technical articles

(1) Where an article on a scientific or technical subject is published in a periodical

accompanied by an abstract indicating the contents of the article, it is not an

infringement of copyright in the abstract, or in the article, to copy the abstract or

issue copies of it to the public.

(2) This section does not apply if or to the extent that there is a licensing scheme

certified for the purposes of this section under section 143 providing for the grant of

licences.

61 Recordings of folksongs

(1) A sound recording of a performance of a song may be made for the purpose of

including it in an archive maintained by a designated body without infringing any

provided the conditions in subsection (2) below are met.

(2) The conditions are that –

(a) the words are unpublished and of unknown authorship at the time the recording

is made,

(b) the making of the recording does not infringe any other copyright, and

(3) Copies of a sound recording made in reliance on subsection (1) and included in an

archive maintained by a designated body may, if the prescribed conditions are met,

be made and supplied by the archivist without infringing copyright in the recording

or the works included in it.

(4) The prescribed conditions shall include the following –

(a)44 that copies are only supplied to persons satisfying the archivist that they

require them for the purposes of –

(i) research for a non-commercial purpose, or

(ii) private study,

and will not use them for any other purpose, and

(b) that no person is furnished with more than one copy of the same recording.

(5) In this section –

(a) "designated" means designated for the purposes of this section by order of the

Secretary of State, who shall not designate a body unless satisfied that it is not

established or conducted for profit,

(b) "prescribed" means prescribed for the purposes of this section by order of the

Secretary of State, and

(6) 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.

62 Representation of certain artistic works on public display

(1) This section applies to –

(a) buildings, and

(b) sculptures, models for buildings and works of artistic craftsmanship, if

permanently situated in a public place or in premises open to the public.

45 Words “, distributed or communicated to the public” substituted by SI 2003/2498 (replacing original

words “or distributed”).

46 Revised s.66 substituted by SI 1996/2967.

(2) The copyright in such a work is not infringed by –

(a) making a graphic work representing it,

(b) making a photograph or film of it, or

(3) Nor is the copyright infringed by the issue to the public of copies, or the

communication to the public, of anything whose making was, by virtue of this

section, not an infringement of the copyright.

63 Advertisement of sale of artistic work

(1) It is not an infringement of copyright in an artistic work to copy it, or to issue copies

to the public, for the purpose of advertising the sale of the work.

(2) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with for any other purpose, it shall be

treated as an infringing copy for the purposes of that dealing, and if that dealing

infringes copyright for all subsequent purposes.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale

or hire, exhibited in public, distributed or communicated to the public45.

64 Making of subsequent works by same artist

Where the author of an artistic work is not the copyright owner, he does not infringe the

repeat or imitate the main design of the earlier work.

65 Reconstruction of buildings

Anything done for the purposes of reconstructing a building does not infringe any

(a) in the building, or

(b) in any drawings or plans in accordance with which the building was, by or with

the licence of the copyright owner, constructed.

Miscellaneous: lending of works

6646 Lending to public of copies of certain works

(1) The Secretary of State may by order provide that in such cases as may be specified

in the order the lending to the public of copies of literary, dramatic, musical or

artistic works, sound recordings or films shall be treated as licensed by the copyright

owner subject only to the payment of such reasonable royalty or other payment as

may be agreed or determined in default of agreement by the Copyright Tribunal.

(2) No such order shall apply if, or to the extent that, there is a licensing scheme certified

for the purposes of this section under section 143 providing for the grant of licences.

(3) An order may make different provision for different cases and may specify cases by

reference to any factor relating to the work, the copies lent, the lender or the

circumstances of the lending.

(4) An order shall be made by statutory instrument; and no order shall be made unless

a draft of it has been laid before and approved by a resolution of each House of

Parliament.

(5) Nothing in this section affects any liability under section 23 (secondary infringement:

47 Added by SI 1995/3297.

48 New ss.67(2)(b) & (d) added, and original s.67(2)(b) restated as s.67(2)(c), by SI 2003/2498.

possessing or dealing with infringing copy) in respect of the lending of infringing

copies.

Miscellaneous: films and sound recordings

66A47 Films: acts permitted on assumptions as to expiry of copyright, &c

(1) Copyright in a film is not infringed by an act done at a time when, or in pursuance

of arrangements made at a time when –

(a) it is not possible by reasonable inquiry to ascertain the identity of any of the

persons referred to in section 13B(2)(a) to (d) (persons by reference to whose

life the copyright period is ascertained), and

(b) it is reasonable to assume –

(i) that copyright has expired, or

(ii) that the last to die of those persons died 70 years or more before the

beginning of the calendar year in which the act is done or the

arrangements are made.

(2) Subsection (1)(b)(ii) does not apply in relation to –

(a) a film in which Crown copyright subsists, or

(b) a film in which copyright originally vested in an international organisation by

virtue of section 168 and in respect of which an Order under that section

specifies a copyright period longer than 70 years.

67 Playing of sound recordings for purposes of club, society, &c

(1) It is not an infringement of the copyright in a sound recording to play it as part of the

activities of, or for the benefit of, a club, society or other organisation if the following

conditions are met.

(2) The conditions are –

(a) that the organisation is not established or conducted for profit and its main

objects are charitable or are otherwise concerned with the advancement of

religion, education or social welfare,

(b)48 that the sound recording is played by a person who is acting primarily and

directly for the benefit of the organisation and who is not acting with a view

to gain,

is to be heard are applied solely for the purposes of the organisation, and

(d) that the proceeds from any goods or services sold by, or on behalf of, the

organisation –

(i) in the place where the sound recording is heard, and

(ii) on the occasion when the sound recording is played,

are applied solely for the purposes of the organisation.

Miscellaneous: broadcasts

68 Incidental recording for purposes of broadcast

(1) This section applies where by virtue of a licence or assignment of copyright a person

is authorised to broadcast –

(a) a literary, dramatic or musical work, or an adaptation of such a work,

49 ss.69(2)(a)-(c) & (3) last amended, and ss.69(2)(d) & (4) added, by the Communications Act 2003.

(b) an artistic work, or

(2) He shall by virtue of this section be treated as licensed by the owner of the copyright

in the work to do or authorise any of the following for the purposes of the

broadcast –

(a) in the case of a literary, dramatic or musical work, or an adaptation of such a

work, to make a sound recording or film of the work or adaptation;

(b) in the case of an artistic work, to take a photograph or make a film of the work;

(3) That licence is subject to the condition that the recording, film, photograph or copy

in question –

(a) shall not be used for any other purpose, and

(b) shall be destroyed within 28 days of being first used for broadcasting the work.

(4) A recording, film, photograph or copy made in accordance with this section shall be

treated as an infringing copy –

(a) for the purposes of any use in breach of the condition mentioned in subsection

(3)(a), and

(b) for all purposes after that condition or the condition mentioned in subsection

(3)(b) is broken.

69 Recording for purposes of supervision and control of broadcasts and other

services

(1) Copyright is not infringed by the making or use by the British Broadcasting

Corporation, for the purpose of maintaining supervision and control over

programmes broadcast by them, of recordings of those programmes.

(2)49 Copyright is not infringed by anything done in pursuance of –

(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of

the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the

Communications Act 2003;

(b) a condition which, by virtue of section 334(1) of the Communications Act

2003, is included in a licence granted under Part I or III of that Act or Part I or

II of the Broadcasting Act 1996;

OFCOM to require production of recordings etc);

(d) section 334(3) of the Communications Act 2003.

(3) Copyright is not infringed by the use by OFCOM in connection with the performance

of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996

or the Communications Act 2003 of –

(a) any recording, script or transcript which is provided to them under or by virtue

of any provision of those Acts; or

(b) any existing material which is transferred to them by a scheme made under

section 30 of the Communications Act 2003.

(4) In subsection (3), ‘existing material means –

(a) any recording, script or transcript which was provided to the Independent

Television Commission or the Radio Authority under or by virtue of any

provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and

(b) any recording or transcript which was provided to the Broadcasting Standards

50 Words “in domestic premises” added to s.70(1), and ss.70(2) & (3) inserted, by SI 2003/2498.

51 Revised s.71 substituted by SI 2003/2498.

52 Revised ss.72(1)(a)-(c) substituted (for original (1)(a) & (b)), and ss.72(1A) & (1B) added, by SI

2003/2498.

Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act

1996.

7050 Recording for purposes of time-shifting

(1) The making in domestic premises for private and domestic use of a recording of a

broadcast solely for the purpose of enabling it to be viewed or listened to at a more

convenient time does not infringe any copyright in the broadcast or in any work

included in it.

(2) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with –

(a) it shall be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it shall be treated as an infringing copy for

all subsequent purposes.

(3) In subsection (2), "dealt with" means sold or let for hire, offered or exposed for sale

or hire or communicated to the public.

7151 Photographs of broadcasts

(1) The making in domestic premises for private and domestic use of a photograph of the

whole or any part of an image forming part of a broadcast, or a copy of such a

photograph, does not infringe any copyright in the broadcast or in any film included

in it.

(2) Where a copy which would otherwise be an infringing copy is made in accordance

with this section but is subsequently dealt with –

(a) it shall be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it shall be treated as an infringing copy for

all subsequent purposes.

(3) In subsection (2), "dealt with" means sold or let for hire, offered or exposed for sale

or hire or communicated to the public.

7252 Free public showing or playing of broadcast

(1) The showing or playing in public of a broadcast to an audience who have not paid for

admission to the place where the broadcast is to be seen or heard does not infringe

any copyright in –

(a) the broadcast;

(b) any sound recording (except so far as it is an excepted sound recording)

included in it; or

(1A) For the purposes of this Part an "excepted sound recording" is a sound recording –

(a) whose author is not the author of the broadcast in which it is included; and

(b) which is a recording of music with or without words spoken or sung.

(1B) Where by virtue of subsection (1) the copyright in a broadcast shown or played in

public is not infringed, copyright in any excepted sound recording included in it is

not infringed if the playing or showing of that broadcast in public –

(a) forms part of the activities of an organisation that is not established or

conducted for profit; or

53 Revised s.73 substituted by the Broadcasting Act 1996, and reworded by SI 2003/2498 in view of the

revision of s.6 and deletion of s.7 by that SI.

(b) is necessary for the purposes of –

(i) repairing equipment for the reception of broadcasts;

(ii) demonstrating that a repair to such equipment has been carried out; or

(iii) demonstrating such equipment which is being sold or let for hire or

offered or exposed for sale or hire.

(2) The audience shall be treated as having paid for admission to a place –

(a) if they have paid for admission to a place of which that place forms part; or

(b) if goods or services are supplied at that place (or a place of which it forms

part) –

(i) at prices which are substantially attributable to the facilities afforded for

seeing or hearing the broadcast, or

(ii) at prices exceeding those usually charged there and which are partly

attributable to those facilities.

(3) The following shall not be regarded as having paid for admission to a place –

(a) persons admitted as residents or inmates of the place;

(b) persons admitted as members of a club or society where the payment is only

for membership of the club or society and the provision of facilities for seeing

or hearing broadcasts is only incidental to the main purposes of the club or

society.

(4) Where the making of the broadcast was an infringement of the copyright in a sound

recording or film, the fact that it was heard or seen in public by the reception of the

broadcast shall be taken into account in assessing the damages for that infringement.

7353 Reception and re-transmission of wireless broadcast by cable

(1) This section applies where a wireless broadcast made from a place in the United

Kingdom is received and immediately re-transmitted by cable.

(2) The copyright in the broadcast is not infringed –

(a) if the re-transmission by cable is in pursuance of a relevant requirement, or

(b) if and to the extent that the broadcast is made for reception in the area in which

it is re-transmitted by cable and forms part of a qualifying service.

(3) The copyright in any work included in the broadcast is not infringed if and to the

extent that the broadcast is made for reception in the area in which it is re-transmitted

by cable; but where the making of the broadcast was an infringement of the copyright

in the work, the fact that the broadcast was re-transmitted by cable shall be taken into

account in assessing the damages for that infringement.

(4) Where –

(a) the re-transmission by cable is in pursuance of a relevant requirement, but

(b) to any extent, the area in which the re-transmission by cable takes place (“the

cable area”) falls outside the area for reception in which the broadcast is made

(“the broadcast area”),

the re-transmission by cable (to the extent that it is provided for so much of the cable

area as falls outside the broadcast area) of any work included in the broadcast shall,

subject to subsection (5), be treated as licensed by the owner of the copyright in the

work, subject only to the payment to him by the person making the broadcast of such

reasonable royalty or other payment in respect of the re-transmission by cable of the

broadcast as may be agreed or determined in default of agreement by the Copyright

Tribunal.

54 ss.73(6)(c) & (d) amended, and revised wording after s.73(6)(e) and revised s.73(7) substituted, by

the Communications Act 2003.

55 Added by SI 2003/2498.

56 Added by the Broadcasting Act 1996, and s.73A(1) amended by SI 2003/2498 in view of the revision of

s.6 and deletion of s.7 by that SI.

(5) Subsection (4) does not apply, if or to the extent that, the re-transmission of the work

by cable is (apart from that subsection) licensed by the owner of the copyright in the

work.

(6)54 In this section “qualifying service” means, subject to subsection (8), any of the

following services –

(a) a regional or national Channel 3 service,

(b) Channel 4, Channel 5 and S4C,

(d) S4C digital, and

(e) the television broadcasting services and teletext service of the British

Broadcasting Corporation;

and expressions used in this subsection have the same meaning as in Part 3 of the

Communications Act 2003.

(7) In this section “relevant requirement” means a requirement imposed by a general

condition (within the meaning of Chapter 1 of Part 2 of the Communications Act

2003) the setting of which is authorised under section 64 of that Act (must-carry

obligations).

(8) The Secretary of State may by order amend subsection (6) so as to add any service

to, or remove any service from, the definition of “qualifying service”.

(9) The Secretary of State may also by order –

(a) provide that in specified cases subsection (3) is to apply in relation to

broadcasts of a specified description which are not made as mentioned in that

subsection, or

(b) exclude the application of that subsection in relation to broadcasts of a

specified description made as mentioned in that subsection.

(10) Where the Secretary of State exercises the power conferred by subsection (9)(b) in

relation to broadcasts of any description, the order may also provide for subsection

(4) to apply, subject to such modifications as may be specified in the order, in

relation to broadcasts of that description.

(11) An order under this section may contain such transitional provision as appears to the

Secretary of State to be appropriate.

(12) 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.

(13)55 In this section references to re-transmission by cable include the transmission of

microwave energy between terrestrial fixed points.

73A56 Royalty or other sum payable in pursuance of section 73(4)

(1) An application to settle the royalty or other sum payable in pursuance of subsection

(4) of section 73 (reception and re-transmission of wireless broadcast by cable) may

be made to the Copyright Tribunal by the copyright owner or the person making the

broadcast.

(2) The Tribunal shall consider the matter and make such order as it may determine to

be reasonable in the circumstances.

(3) Either party may subsequently apply to the Tribunal to vary the order, and the

57 Words “or lend” added by SI 2003/2498.

Tribunal shall consider the matter and make such order confirming or varying the

original order as it may determine to be reasonable in the circumstances.

(4) An application under subsection (3) shall not, except with the special leave of the

Tribunal, be made within twelve months from the date of the original order or of the

order on a previous application under that subsection.

(5) An order under subsection (3) has effect from the date on which it is made or such

later date as may be specified by the Tribunal.

74 Provision of sub-titled copies of broadcast

(1) A designated body may, for the purpose of providing people who are deaf or hard of

hearing, or physically or mentally handicapped in other ways, with copies which are

sub-titled or otherwise modified for their special needs, make copies of broadcasts

and issue or lend57 copies to the public, without infringing any copyright in the

broadcasts or works included in them.

(2) A "designated body" means a body designated for the purposes of this section by

order of the Secretary of State, who shall not designate a body unless he is satisfied

that it is not established or conducted for profit.

(3) 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.

(4) This section does not apply if, or to the extent that, there is a licensing scheme

certified for the purposes of this section under section 143 providing for the grant of

licences.

75 Recording for archival purposes

(1) A recording of a broadcast of a designated class, or a copy of such a recording, may

be made for the purpose of being placed in an archive maintained by a designated

body without thereby infringing any copyright in the broadcast or in any work

included in it.

(2) In subsection (1) "designated" means designated for the purposes of this section by

order of the Secretary of State, who shall not designate a body unless he is satisfied

that it is not established or conducted for profit.

(3) 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.

Adaptations

76 Adaptations

An act which by virtue of this Chapter may be done without infringing copyright in a

literary, dramatic or musical work does not, where that work is an adaptation, infringe any

CHAPTER IV

MORAL RIGHTS

Right to be identified as author or director

77 Right to be identified as author or director

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director

of a copyright film, has the right to be identified as the author or director of the work

in the circumstances mentioned in this section; but the right is not infringed unless

it has been asserted in accordance with section 78.

(2) The author of a literary work (other than words intended to be sung or spoken with

music) or a dramatic work has the right to be identified whenever –

(a) the work is published commercially, performed in public or communicated to

the public; or

(b) copies of a film or sound recording including the work are issued to the public;

and that right includes the right to be identified whenever any of those events occur

in relation to an adaptation of the work as the author of the work from which the

adaptation was made.

(3) The author of a musical work, or a literary work consisting of words intended to be

sung or spoken with music, has the right to be identified whenever –

(a) the work is published commercially;

(b) copies of a sound recording of the work are issued to the public; or

of such a film are issued to the public;

and that right includes the right to be identified whenever any of those events occur

in relation to an adaptation of the work as the author of the work from which the

adaptation was made.

(4) The author of an artistic work has the right to be identified whenever –

(a) the work is published commercially or exhibited in public, or a visual image

of it is communicated to the public;

(b) a film including a visual image of the work is shown in public or copies of

such a film are issued to the public; or

building, a sculpture or a work of artistic craftsmanship, copies of a graphic

work representing it, or of a photograph of it, are issued to the public.

(5) The author of a work of architecture in the form of a building also has the right to be

identified on the building as constructed or, where more than one building is

constructed to the design, on the first to be constructed.

(6) The director of a film has the right to be identified whenever the film is shown in

public or communicated to the public or copies of the film are issued to the public.

(7) The right of the author or director under this section is –

(a) in the case of commercial publication or the issue to the public of copies of a

film or sound recording, to be identified in or on each copy or, if that is not

appropriate, in some other manner likely to bring his identity to the notice of

a person acquiring a copy,

(b) in the case of identification on a building, to be identified by appropriate

means visible to persons entering or approaching the building, and

attention of a person seeing or hearing the performance, exhibition, showing

or communication to the public in question;

and the identification must in each case be clear and reasonably prominent.

(8) If the author or director in asserting his right to be identified specifies a pseudonym,

initials or some other particular form of identification, that form shall be used;

otherwise any reasonable form of identification may be used.

(9) This section has effect subject to section 79 (exceptions to right).

58 Revised wording from “vested” to the end of s.79(3) substituted by SI 2003/2498.

78 Requirement that right be asserted

(1) A person does not infringe the right conferred by section 77 (right to be identified as

author or director) by doing any of the acts mentioned in that section unless the right

has been asserted in accordance with the following provisions so as to bind him in

relation to that act.

(2) The right may be asserted generally, or in relation to any specified act or description

of acts –

(a) on an assignment of copyright in the work, by including in the instrument

effecting the assignment a statement that the author or director asserts in

relation to that work his right to be identified, or

(b) by instrument in writing signed by the author or director.

(3) The right may also be asserted in relation to the public exhibition of an artistic

work –

(a) by securing that when the author or other first owner of copyright parts with

possession of the original, or of a copy made by him or under his direction or

control, the author is identified on the original or copy, or on a frame, mount

or other thing to which it is attached, or

(b) by including in a licence by which the author or other first owner of copyright

authorises the making of copies of the work a statement signed by or on behalf

of the person granting the licence that the author asserts his right to be

identified in the event of the public exhibition of a copy made in pursuance of

the licence.

(4) The persons bound by an assertion of the right under subsection (2) or (3) are –

(a) in the case of an assertion under subsection (2)(a), the assignee and anyone

claiming through him, whether or not he has notice of the assertion;

(b) in the case of an assertion under subsection (2)(b), anyone to whose notice the

assertion is brought;

that original or copy comes, whether or not the identification is still present or

visible;

(d) in the case of an assertion under subsection (3)(b), the licensee and anyone into

whose hands a copy made in pursuance of the licence comes, whether or not

he has notice of the assertion.

(5) In an action for infringement of the right the court shall, in considering remedies,

take into account any delay in asserting the right.

79 Exceptions to right

(1) The right conferred by section 77 (right to be identified as author or director) is

subject to the following exceptions.

(2) The right does not apply in relation to the following descriptions of work –

(a) a computer program;

(b) the design of a typeface;

(3) The right does not apply to anything done by or with the authority of the copyright

owner where copyright in the work originally vested in the author's or director’s

employer by virtue of section 11(2) (works produced in the course of employment)58.

(4) The right is not infringed by an act which by virtue of any of the following provisions

59 Revised s.79(4)(h) substituted by SI 1995/3297 (referring to ss. 57 & 66A, rather than s.57 only).

would not infringe copyright in the work –

(a) section 30 (fair dealing for certain purposes), so far as it relates to the

reporting of current events by means of a sound recording, film or broadcast;

(b) section 31 (incidental inclusion of work in an artistic work, sound recording,

film or broadcast);

(d) section 45 (parliamentary and judicial proceedings);

(e) section 46(1) or (2) (Royal Commissions and statutory inquiries);

(f) section 51 (use of design documents and models);

(g) section 52 (effect of exploitation of design derived from artistic work);

(h)59 section 57 or 66A (acts permitted on assumptions as to expiry of copyright,

&c.).

(5) The right does not apply in relation to any work made for the purpose of reporting

current events.

(6) The right does not apply in relation to the publication in –

(a) a newspaper, magazine or similar periodical, or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such

publication or made available with the consent of the author for the purposes of such

publication.

(7) The right does not apply in relation to –

(a) a work in which Crown copyright or Parliamentary copyright subsists, or

(b) a work in which copyright originally vested in an international organisation by

virtue of section 168,

unless the author or director has previously been identified as such in or on published

copies of the work.

Right to object to derogatory treatment of work

80 Right to object to derogatory treatment of work

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director

of a copyright film, has the right in the circumstances mentioned in this section not

to have his work subjected to derogatory treatment.

(2) For the purposes of this section –

(a) "treatment" of a work means any addition to, deletion from or alteration to or

adaptation of the work, other than –

(i) a translation of a literary or dramatic work, or

(ii) an arrangement or transcription of a musical work involving no more

than a change of key or register; and

(b) the treatment of a work is derogatory if it amounts to distortion or mutilation

of the work or is otherwise prejudicial to the honour or reputation of the author

or director;

and in the following provisions of this section references to a derogatory treatment

of a work shall be construed accordingly.

60 Words “, or who, along with the film, plays in public, broadcasts or includes in a cable programme

service, or issues to the public copies of, a derogatory treatment of the film sound-track”, originally

appearing in s.80(5) after paragraph (b) deleted by SI 1995/3297.

(3) In the case of a literary, dramatic or musical work the right is infringed by a person

who –

(a) publishes commercially, performs in public or communicates to the public a

derogatory treatment of the work; or

(b) issues to the public copies of a film or sound recording of, or including, a

derogatory treatment of the work.

(4) In the case of an artistic work the right is infringed by a person who –

(a) publishes commercially or exhibits in public a derogatory treatment of the

work, or communicates to the public a visual image of a derogatory treatment

of the work,

(b) shows in public a film including a visual image of a derogatory treatment of

the work or issues to the public copies of such a film, or

(i) a work of architecture in the form of a model for a building,

(ii) a sculpture, or

(iii) a work of artistic craftsmanship,

issues to the public copies of a graphic work representing, or of a photograph of, a

derogatory treatment of the work.

(5) Subsection (4) does not apply to a work of architecture in the form of a building; but

where the author of such a work is identified on the building and it is the subject of

derogatory treatment he has the right to require the identification to be removed.

(6) In the case of a film, the right is infringed by a person who –

(a) shows in public or communicates to the public a derogatory treatment of the

film; or

(b) issues to the public copies of a derogatory treatment of the film.[---]60

(7) The right conferred by this section extends to the treatment of parts of a work

resulting from a previous treatment by a person other than the author or director, if

those parts are attributed to, or are likely to be regarded as the work of, the author or

director.

(8) This section has effect subject to sections 81 and 82 (exceptions to and qualifications

of right).

81 Exceptions to right

(1) The right conferred by section 80 (right to object to derogatory treatment of work)

is subject to the following exceptions.

(2) The right does not apply to a computer program or to any computer-generated work.

(3) The right does not apply in relation to any work made for the purpose of reporting

current events.

(4) The right does not apply in relation to the publication in –

(a) a newspaper, magazine or similar periodical, or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such

publication or made available with the consent of the author for the purposes of such

publication.

Nor does the right apply in relation to any subsequent exploitation elsewhere of such

61 Reference to ss.57 & 66A inserted by SI 1995/3297 (replacing original reference to s.57 only)

62 Original reference also to s.9(2)(a) (in relation to employed directors) deleted by SI 2003/2498.

a work without any modification of the published version.

(5) The right is not infringed by an act which by virtue of section 57 or 66A (acts

permitted on assumptions as to expiry of copyright, &c.) would not infringe

(6) The right is not infringed by anything done for the purpose of –

(a) avoiding the commission of an offence,

(b) complying with a duty imposed by or under an enactment, or

a programme broadcast by them of anything which offends against good taste

or decency or which is likely to encourage or incite to crime or to lead to

disorder or to be offensive to public feeling,

provided, where the author or director is identified at the time of the relevant act or

has previously been identified in or on published copies of the work, that there is a

sufficient disclaimer.

82 Qualification of right in certain cases

(1) This section applies to –

(a) works in which copyright originally vested in the author's or director’s

employer by virtue of section 11(2) (works produced in course of

employment)62,

(b) works in which Crown copyright or Parliamentary copyright subsists, and

virtue of section 168.

(2) The right conferred by section 80 (right to object to derogatory treatment of work)

does not apply to anything done in relation to such a work by or with the authority

of the copyright owner unless the author or director –

(a) is identified at the time of the relevant act, or

(b) has previously been identified in or on published copies of the work;

and where in such a case the right does apply, it is not infringed if there is a sufficient

disclaimer.

83 Infringement of right by possessing or dealing with infringing article

(1) The right conferred by section 80 (right to object to derogatory treatment of work)

is also infringed by a person who –

(a) possesses in the course of a business, or

(b) sells or lets for hire, or offers or exposes for sale or hire, or

(d) distributes otherwise than in the course of a business so as to affect

prejudicially the honour or reputation of the author or director,

an article which is, and which he knows or has reason to believe is, an infringing

article.

(2) An "infringing article" means a work or a copy of a work which –

(a) has been subjected to derogatory treatment within the meaning of section 80,

and

(b) has been or is likely to be the subject of any of the acts mentioned in that

section in circumstances infringing that right.

False attribution of work

84 False attribution of work

(1) A person has the right in the circumstances mentioned in this section –

(a) not to have a literary, dramatic, musical or artistic work falsely attributed to

him as author, and

(b) not to have a film falsely attributed to him as director;

and in this section an "attribution", in relation to such a work, means a statement

(express or implied) as to who is the author or director.

(2) The right is infringed by a person who –

(a) issues to the public copies of a work of any of those descriptions in or on

which there is a false attribution, or

(b) exhibits in public an artistic work, or a copy of an artistic work, in or on which

there is a false attribution.

(3) The right is also infringed by a person who –

(a) in the case of a literary, dramatic or musical work, performs the work in public

or communicates it to the public as being the work of a person, or

(b) in the case of a film, shows it in public or communicates it to the public as

being directed by a person,

knowing or having reason to believe that the attribution is false.

(4) The right is also infringed by the issue to the public or public display of material

containing a false attribution in connection with any of the acts mentioned in

subsection (2) or (3).

(5) The right is also infringed by a person who in the course of a business –

(a) possesses or deals with a copy of a work of any of the descriptions mentioned

in subsection (1) in or on which there is a false attribution, or

(b) in the case of an artistic work, possesses or deals with the work itself when

there is a false attribution in or on it,

knowing or having reason to believe that there is such an attribution and that it is

false.

(6) In the case of an artistic work the right is also infringed by a person who in the course

of a business –

(a) deals with a work which has been altered after the author parted with

possession of it as being the unaltered work of the author, or

(b) deals with a copy of such a work as being a copy of the unaltered work of the

author,

knowing or having reason to believe that that is not the case.

(7) References in this section to dealing are to selling or letting for hire, offering or

exposing for sale or hire, exhibiting in public, or distributing.

(8) This section applies where, contrary to the fact –

(a) a literary, dramatic or musical work is falsely represented as being an

adaptation of the work of a person, or

(b) a copy of an artistic work is falsely represented as being a copy made by the

author of the artistic work,

as it applies where the work is falsely attributed to a person as author.

63 Revised s.85(2)(e), substituted by SI 1995/3297 (referring to ss.57 & 66A, rather than s.57 only).

Right to privacy of certain photographs and films

85 Right to privacy of certain photographs and films

(1) A person who for private and domestic purposes commissions the taking of a

photograph or the making of a film has, where copyright subsists in the resulting

work, the right not to have –

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

and, except as mentioned in subsection (2), a person who does or authorises the doing

of any of those acts infringes that right.

(2) The right is not infringed by an act which by virtue of any of the following provisions

would not infringe copyright in the work –

(a) section 31 (incidental inclusion of work in an artistic work, film or

broadcast);

(b) section 45 (parliamentary and judicial proceedings);

(d) section 50 (acts done under statutory authority);

(e)63 section 57 or 66A (acts permitted on assumptions as to expiry of copyright,

&c.).

Supplementary

86 Duration of rights

(1) The rights conferred by section 77 (right to be identified as author or director),

section 80 (right to object to derogatory treatment of work) and section 85 (right to

privacy of certain photographs and films) continue to subsist so long as copyright

subsists in the work.

(2) The right conferred by section 84 (false attribution) continues to subsist until 20 years

after a person's death.

87 Consent and waiver of rights

(1) It is not an infringement of any of the rights conferred by this Chapter to do any act

to which the person entitled to the right has consented.

(2) Any of those rights may be waived by instrument in writing signed by the person

giving up the right.

(3) A waiver –

(a) may relate to a specific work, to works of a specified description or to works

generally, and may relate to existing or future works, and

(b) may be conditional or unconditional and may be expressed to be subject to

revocation;

and if made in favour of the owner or prospective owner of the copyright in the work

or works to which it relates, it shall be presumed to extend to his licensees and

successors in title unless a contrary intention is expressed.

(4) Nothing in this Chapter shall be construed as excluding the operation of the general

law of contract or estoppel in relation to an informal waiver or other transaction in

relation to any of the rights mentioned in subsection (1).

88 Application of provisions to joint works

(1) The right conferred by section 77 (right to be identified as author or director) is, in

the case of a work of joint authorship, a right of each joint author to be identified as

a joint author and must be asserted in accordance with section 78 by each joint author

in relation to himself.

(2) The right conferred by section 80 (right to object to derogatory treatment of work)

is, in the case of a work of joint authorship, a right of each joint author and his right

is satisfied if he consents to the treatment in question.

(3) A waiver under section 87 of those rights by one joint author does not affect the

rights of the other joint authors.

(4) The right conferred by section 84 (false attribution) is infringed, in the circumstances

mentioned in that section –

(a) by any false statement as to the authorship of a work of joint authorship, and

(b) by the false attribution of joint authorship in relation to a work of sole

authorship;

and such a false attribution infringes the right of every person to whom authorship

of any description is, whether rightly or wrongly, attributed.

(5) The above provisions also apply (with any necessary adaptations) in relation to a film

which was, or is alleged to have been, jointly directed, as they apply to a work which

is, or is alleged to be, a work of joint authorship.

A film is "jointly directed" if it is made by the collaboration of two or more directors

and the contribution of each director is not distinct from that of the other director or

directors.

(6) The right conferred by section 85 (right to privacy of certain photographs and films)

is, in the case of a work made in pursuance of a joint commission, a right of each

person who commissioned the making of the work, so that –

(a) the right of each is satisfied if he consents to the act in question, and

(b) a waiver under section 87 by one of them does not affect the rights of the

others.

89 Application of provisions to parts of works

(1) The rights conferred by section 77 (right to be identified as author or director) and

section 85 (right to privacy of certain photographs and films) apply in relation to the

whole or any substantial part of a work.

(2) The rights conferred by section 80 (right to object to derogatory treatment of work)

and section 84 (false attribution) apply in relation to the whole or any part of a work.

CHAPTER V

DEALINGS WITH RIGHTS IN COPYRIGHT WORKS

90 Assignment and licences

(1) Copyright is transmissible by assignment, by testamentary disposition or by operation

of law, as personal or moveable property.

(2) An assignment or other transmission of copyright may be partial, that is, limited so

as to apply –

(a) to one or more, but not all, of the things the copyright owner has the exclusive

right to do;

(b) to part, but not the whole, of the period for which the copyright is to subsist.

(3) An assignment of copyright is not effective unless it is in writing signed by or on

behalf of the assignor.

(4) A licence granted by a copyright owner is binding on every successor in title to his

interest in the copyright, except a purchaser in good faith for valuable consideration

and without notice (actual or constructive) of the licence or a person deriving title

from such a purchaser; and references in this Part to doing anything with, or without,

the licence of the copyright owner shall be construed accordingly.

91 Prospective ownership of copyright

(1) Where by an agreement made in relation to future copyright, and signed by or on

behalf of the prospective owner of the copyright, the prospective owner purports to

assign the future copyright (wholly or partially) to another person, then if, on the

would be entitled as against all other persons to require the copyright to be vested in

him, the copyright shall vest in the assignee or his successor in title by virtue of this

subsection.

(2) In this Part –

"future copyright" means copyright which will or may come into existence in

respect of a future work or class of works or on the occurrence of a future event;

and

"prospective owner" shall be construed accordingly, and includes a person who is

prospectively entitled to copyright by virtue of such an agreement as is mentioned

in subsection (1).

(3) A licence granted by a prospective owner of copyright is binding on every successor

in title to his interest (or prospective interest) in the right, except a purchaser in good

faith for valuable consideration and without notice (actual or constructive) of the

licence or a person deriving title from such a purchaser; and references in this Part

to doing anything with, or without, the licence of the copyright owner shall be

construed accordingly.

92 Exclusive licences

(1) In this Part an "exclusive licence" means a licence in writing signed by or on behalf

of the copyright owner authorising the licensee to the exclusion of all other persons,

including the person granting the licence, to exercise a right which would otherwise

be exercisable exclusively by the copyright owner.

(2) The licensee under an exclusive licence has the same rights against a successor in

title who is bound by the licence as he has against the person granting the licence.

93 Copyright to pass under will with unpublished work

Where under a bequest (whether specific or general) a person is entitled, beneficially or

otherwise, to –

(a) an original document or other material thing recording or embodying a literary,

dramatic, musical or artistic work which was not published before the death

of the testator, or

(b) an original material thing containing a sound recording or film which was not

published before the death of the testator,

the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil

to it, be construed as including the copyright in the work in so far as the testator was the

owner of the copyright immediately before his death.

64 ss.93A-93C added by SI 1996/2967.

93A64 Presumption of transfer of rental right in case of film production agreement

(1) Where an agreement concerning film production is concluded between an author and

a film producer, the author shall be presumed, unless the agreement provides to the

contrary, to have transferred to the film producer any rental right in relation to the

film arising by virtue of the inclusion of a copy of the author’s work in the film.

(2) In this section “author” means an author, or prospective author, of a literary,

dramatic, musical or artistic work.

(3) Subsection (1) does not apply to any rental right in relation to the film arising by

virtue of the inclusion in the film of the screenplay, the dialogue or music specifically

created for and used in the film.

(4) Where this section applies, the absence of signature by or on behalf of the author

does not exclude the operation of section 91(1) (effect of purported assignment of

future copyright).

(5) The reference in subsection (1) to an agreement concluded between an author and a

film producer includes any agreement having effect between those persons, whether

made by them directly or through intermediaries.

(6) Section 93B (right to equitable remuneration on transfer of rental right) applies

where there is a presumed transfer by virtue of this section as in the case of an actual

transfer.

Right to equitable remuneration where rental right transferred

93B Right to equitable remuneration where rental right transferred

(1) Where an author to whom this section applies has transferred his rental right

concerning a sound recording or a film to the producer of the sound recording or

film, he retains the right to equitable remuneration for the rental.

The authors to whom this section applies are –

(a) the author of a literary, dramatic, musical or artistic work, and

(b) the principal director of a film.

(2) The right to equitable remuneration under this section may not be assigned by the

author except to a collecting society for the purpose of enabling it to enforce the right

on his behalf.

The right is, however, transmissible by testamentary disposition or by operation of

law as personal or moveable property; and it may be assigned or further transmitted

by any person into whose hands it passes.

(3) Equitable remuneration under this section is payable by the person for the time being

entitled to the rental right, that is, the person to whom the right was transferred or any

successor in title of his.

(4) The amount payable by way of equitable remuneration is as agreed by or on behalf

of the persons by and to whom it is payable, subject to section 93C (reference of

amount to Copyright Tribunal).

(5) An agreement is of no effect in so far as it purports to exclude or restrict the right to

equitable remuneration under this section.

(6) References in this section to the transfer of rental right by one person to another

include any arrangement having that effect, whether made by them directly or

through intermediaries.

(7) In this section a “collecting society” means a society or other organisation which has

as its main object, or one of its main objects, the exercise of the right to equitable

remuneration under this section on behalf of more than one author.

93C Equitable remuneration: reference of amount to Copyright Tribunal

(1) In default of agreement as to the amount payable by way of equitable remuneration

under section 93B, the person by or to whom it is payable may apply to the Copyright

Tribunal to determine the amount payable.

(2) A person to or by whom equitable remuneration is payable under that section may

also apply to the Copyright Tribunal –

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Tribunal as to that matter;

but except with the special leave of the Tribunal no such application may be made

within twelve months from the date of a previous determination.

An order made on an application under this subsection has effect from the date on

which it is made or such later date as may be specified by the Tribunal.

(3) On an application under this section the Tribunal shall consider the matter and make

such order as to the method of calculating and paying equitable remuneration as it

may determine to be reasonable in the circumstances, taking into account the

importance of the contribution of the author to the film or sound recording.

(4) Remuneration shall not be considered inequitable merely because it was paid by way

of a single payment or at the time of transfer of the rental right.

(5) An agreement is of no effect in so far as it purports to prevent a person questioning

the amount of equitable remuneration or to restrict the powers of the Copyright

Tribunal under this section.

Moral rights

94 Moral rights not assignable

The rights conferred by Chapter IV (moral rights) are not assignable.

95 Transmission of moral rights on death

(1) On the death of a person entitled to the right conferred by section 77 (right to

identification of author or director), section 80 (right to object to derogatory

treatment of work) or section 85 (right to privacy of certain photographs and

films) –

(a) the right passes to such person as he may by testamentary disposition

specifically direct,

(b) if there is no such direction but the copyright in the work in question forms

part of his estate, the right passes to the person to whom the copyright passes,

and

(b) it is exercisable by his personal representatives.

(2) Where copyright forming part of a person's estate passes in part to one person and in

part to another, as for example where a bequest is limited so as to apply –

(a) to one or more, but not all, of the things the copyright owner has the exclusive

right to do or authorise, or

(b) to part, but not the whole, of the period for which the copyright is to subsist,

any right which passes with the copyright by virtue of subsection (1) is

correspondingly divided.

(3) Where by virtue of subsection (1)(a) or (1)(b) a right becomes exercisable by more

65 Added by SI 2003/2498.

than one person –

(a) it may, in the case of the right conferred by section 77 (right to identification

of author or director), be asserted by any of them;

(b) it is, in the case of the right conferred by section 80 (right to object to

derogatory treatment of work) or section 85 (right to privacy of certain

photographs and films), a right exercisable by each of them and is satisfied in

relation to any of them if he consents to the treatment or act in question; and

affect the rights of the others.

(4) A consent or waiver previously given or made binds any person to whom a right

passes by virtue of subsection (1).

(5) Any infringement after a person's death of the right conferred by section 84 (false

attribution) is actionable by his personal representatives.

(6) Any damages recovered by personal representatives by virtue of this section in

respect of an infringement after a person's death shall devolve as part of his estate as

if the right of action had subsisted and been vested in him immediately before his

death.

CHAPTER VI

REMEDIES FOR INFRINGEMENT

Rights and remedies of copyright owner

96 Infringement actionable by copyright owner

(1) An infringement of copyright is actionable by the copyright owner.

(2) In an action for infringement of copyright all such relief by way of damages,

injunctions, accounts or otherwise is available to the plaintiff as is available in

respect of the infringement of any other property right.

(3) This section has effect subject to the following provisions of this Chapter.

97 Provisions as to damages in infringement action

(1) Where in an action for infringement of copyright it is shown that at the time of the

infringement the defendant did not know, and had no reason to believe, that copyright

subsisted in the work to which the action relates, the plaintiff is not entitled to

damages against him, but without prejudice to any other remedy.

(2) The court may in an action for infringement of copyright having regard to all the

circumstances, and in particular to –

(a) the flagrancy of the infringement, and

(b) any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

97A65 Injunctions against service providers

(1) The High Court (in Scotland, the Court of Session) shall have power to grant an

injunction against a service provider, where that service provider has actual

knowledge of another person using their service to infringe copyright.

(2) In determining whether a service provider has actual knowledge for the purpose of

this section, a court shall take into account all matters which appear to it in the

66 Reference to Competition Commission inserted by SI 1999/506 (replacing original reference to

Monopolies and Mergers Commission).

particular circumstances to be relevant and, amongst other things, shall have regard

to –

(a) whether a service provider has received a notice through a means of contact

made available in accordance with regulation 6(1)(c) of the Electronic

Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and

(b) the extent to which any notice includes –

(i) the full name and address of the sender of the notice;

(ii) details of the infringement in question.

(3) In this section "service provider" has the meaning given to it by regulation 2 of the

Electronic Commerce (EC Directive) Regulations 2002.

98 Undertaking to take licence of right in infringement proceedings

(1) If in proceedings for infringement of copyright in respect of which a licence is

available as of right under section 144 (powers exercisable in consequence of report

of Competition Commission66) the defendant undertakes to take a licence on such

terms as may be agreed or, in default of agreement, settled by the Copyright Tribunal

under that section –

(a) no injunction shall be granted against him,

(b) no order for delivery up shall be made under section 99, and

profits shall not exceed double the amount which would have been payable by

him as licensee if such a licence on those terms had been granted before the

earliest infringement.

(2) An undertaking may be given at any time before final order in the proceedings,

without any admission of liability.

(3) Nothing in this section affects the remedies available in respect of an infringement

committed before licences of right were available.

99 Order for delivery up

(1) Where a person –

(a) has an infringing copy of a work in his possession, custody or control in the

course of a business, or

(b) has in his possession, custody or control an article specifically designed or

adapted for making copies of a particular copyright work, knowing or having

reason to believe that it has been or is to be used to make infringing copies,

the owner of the copyright in the work may apply to the court for an order that the

infringing copy or article be delivered up to him or to such other person as the court

may direct.

(2) An application shall not be made after the end of the period specified in section 113

(period after which remedy of delivery up not available); and no order shall be made

unless the court also makes, or it appears to the court that there are grounds for

making, an order under section 114 (order as to disposal of infringing copy or other

article).

(3) A person to whom an infringing copy or other article is delivered up in pursuance of

an order under this section shall, if an order under section 114 is not made, retain it

pending the making of an order, or the decision not to make an order, under that

section.

(4) Nothing in this section affects any other power of the court.

67 Added by SI 2003/2498.

100 Right to seize infringing copies and other articles

(1) An infringing copy of a work which is found exposed or otherwise immediately

available for sale or hire, and in respect of which the copyright owner would be

entitled to apply for an order under section 99, may be seized and detained by him

or a person authorised by him.

The right to seize and detain is exercisable subject to the following conditions and

is subject to any decision of the court under section 114.

(2) Before anything is seized under this section notice of the time and place of the

proposed seizure must be given to a local police station.

(3) A person may for the purpose of exercising the right conferred by this section enter

premises to which the public have access but may not seize anything in the

possession, custody or control of a person at a permanent or regular place of business

of his, and may not use any force.

(4) At the time when anything is seized under this section there shall be left at the place

where it was seized a notice in the prescribed form containing the prescribed

particulars as to the person by whom or on whose authority the seizure is made and

the grounds on which it is made.

(5) In this section –

"premises" includes land, buildings, moveable structures, vehicles, vessels, aircraft

and hovercraft; and

"prescribed" means prescribed by order of the Secretary of State.

(6) An order of the Secretary of State 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.

Rights and remedies of exclusive licensee

101 Rights and remedies of exclusive licensee

(1) An exclusive licensee has, except against the copyright owner, the same rights and

remedies in respect of matters occurring after the grant of the licence as if the licence

had been an assignment.

(2) His rights and remedies are concurrent with those of the copyright owner; and

references in the relevant provisions of this Part to the copyright owner shall be

construed accordingly.

(3) In an action brought by an exclusive licensee by virtue of this section a defendant

may avail himself of any defence which would have been available to him if the

action had been brought by the copyright owner.

101A67 Certain infringements actionable by a non-exclusive licensee

(1) A non-exclusive licensee may bring an action for infringement of copyright if –

(a) the infringing act was directly connected to a prior licensed act of the licensee;

and

(b) the licence –

(i) is in writing and is signed by or on behalf of the copyright owner; and

(ii) expressly grants the non-exclusive licensee a right of action under this

section.

(2) In an action brought under this section, the non-exclusive licensee shall have the

same rights and remedies available to him as the copyright owner would have had if

he had brought the action.

(3) The rights granted under this section are concurrent with those of the copyright

owner and references in the relevant provisions of this Part to the copyright owner

shall be construed accordingly.

(4) In an action brought by a non-exclusive licensee by virtue of this section a defendant

may avail himself of any defence which would have been available to him if the

action had been brought by the copyright owner.

(5) Subsections (1) to (4) of section 102 shall apply to a non-exclusive licensee who has

a right of action by virtue of this section as it applies to an exclusive licensee.

(6) In this section a "non-exclusive licensee" means the holder of a licence authorising

the licensee to exercise a right which remains exercisable by the copyright owner.

102 Exercise of concurrent rights

(1) Where an action for infringement of copyright brought by the copyright owner or an

exclusive licensee relates (wholly or partly) to an infringement in respect of which

they have concurrent rights of action, the copyright owner or, as the case may be, the

exclusive licensee may not, without the leave of the court, proceed with the action

unless the other is either joined as a plaintiff or added as a defendant.

(2) A copyright owner or exclusive licensee who is added as a defendant in pursuance

of subsection (1) is not liable for any costs in the action unless he takes part in the

proceedings.

(3) The above provisions do not affect the granting of interlocutory relief on an

application by a copyright owner or exclusive licensee alone.

(4) Where an action for infringement of copyright is brought which relates (wholly or

partly) to an infringement in respect of which the copyright owner and an exclusive

licensee have or had concurrent rights of action –

(a) the court shall in assessing damages take into account –

(i) the terms of the licence, and

(ii) any pecuniary remedy already awarded or available to either of them in

respect of the infringement;

(b) no account of profits shall be directed if an award of damages has been made,

or an account of profits has been directed, in favour of the other of them in

respect of the infringement; and

them as the court considers just, subject to any agreement between them;

and these provisions apply whether or not the copyright owner and the exclusive

licensee are both parties to the action.

(5) The copyright owner shall notify any exclusive licensee having concurrent rights

before applying for an order under section 99 (order for delivery up) or exercising the

right conferred by section 100 (right of seizure); and the court may on the application

of the licensee make such order under section 99 or, as the case may be, prohibiting

or permitting the exercise by the copyright owner of the right conferred by section

100, as it thinks fit having regard to the terms of the licence.

Remedies for infringement of moral rights

103 Remedies for infringement of moral rights

(1) An infringement of a right conferred by Chapter IV (moral rights) is actionable as a

breach of statutory duty owed to the person entitled to the right.

68 References to “director or producer” in ss.105(2)(a) & (5)(a) inserted by SI 1996/2967 (replacing

original references to “author or director”). s.105(2)(aa) added by SI 1995/3297, and ss.105(5)(aa) &

(6) inserted by SI 1996/2967.

(2) In proceedings for infringement of the right conferred by section 80 (right to object

to derogatory treatment of work) the court may, if it thinks it is an adequate remedy

in the circumstances, grant an injunction on terms prohibiting the doing of any act

unless a disclaimer is made, in such terms and in such manner as may be approved

by the court, dissociating the author or director from the treatment of the work.

Presumptions

104 Presumptions relevant to literary, dramatic, musical and artistic works

(1) The following presumptions apply in proceedings brought by virtue of this Chapter

with respect to a literary, dramatic, musical or artistic work.

(2) Where a name purporting to be that of the author appeared on copies of the work as

published or on the work when it was made, the person whose name appeared shall

be presumed, until the contrary is proved –

(a) to be the author of the work;

(b) to have made it in circumstances not falling within section 11(2), 163, 165 or

168 (works produced in course of employment, Crown copyright,

Parliamentary copyright or copyright of certain international organisations).

(3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies

in relation to each person alleged to be one of the authors.

(4) Where no name purporting to be that of the author appeared as mentioned in

subsection (2) but –

(a) the work qualifies for copyright protection by virtue of section 155

(qualification by reference to country of first publication), and

(b) a name purporting to be that of the publisher appeared on copies of the work

as first published,

the person whose name appeared shall be presumed, until the contrary is proved, to

have been the owner of the copyright at the time of publication.

(5) If the author of the work is dead or the identity of the author cannot be ascertained

by reasonable inquiry, it shall be presumed, in the absence of evidence to the

contrary –

(a) that the work is an original work, and

(b) that the plaintiff's allegations as to what was the first publication of the work

and as to the country of first publication are correct.

10568 Presumptions relevant to sound recordings and films

(1) In proceedings brought by virtue of this Chapter with respect to a sound recording,

where copies of the recording as issued to the public bear a label or other mark

stating –

(a) that a named person was the owner of copyright in the recording at the date of

issue of the copies, or

(b) that the recording was first published in a specified year or in a specified

country,

the label or mark shall be admissible as evidence of the facts stated and shall be

presumed to be correct until the contrary is proved.

(2) In proceedings brought by virtue of this Chapter with respect to a film, where copies

of the film as issued to the public bear a statement –

(a) that a named person was the director or producer of the film,

(aa) that a named person was the principal director, the author of the screenplay,

the author of the dialogue or the composer of music specifically created for

and used in the film,

(b) that a named person was the owner of copyright in the film at the date of

issue of the copies, or

the statement shall be admissible as evidence of the facts stated and shall be

presumed to be correct until the contrary is proved.

(3) In proceedings brought by virtue of this Chapter with respect to a computer program,

where copies of the program are issued to the public in electronic form bearing a

statement –

(a) that a named person was the owner of copyright in the program at the date of

issue of the copies, or

(b) that the program was first published in a specified country or that copies of it

were first issued to the public in electronic form in a specified year,

the statement shall be admissible as evidence of the facts stated and shall be

presumed to be correct until the contrary is proved.

(4) The above presumptions apply equally in proceedings relating to an infringement

alleged to have occurred before the date on which the copies were issued to the

public.

(5) In proceedings brought by virtue of this Chapter with respect to a film, where the film

as shown in public or communicated to the public bears a statement –

(a) that a named person was the director or producer of the film, or

(aa) that a named person was the principal director of the film, the author of the

screenplay, the author of the dialogue or the composer of music specifically

created for and used in the film, or

(b) that a named person was the owner of copyright in the film immediately after

it was made,

the statement shall be admissible as evidence of the facts stated and shall be

presumed to be correct until the contrary is proved.

This presumption applies equally in proceedings relating to an infringement alleged

to have occurred before the date on which the film was shown in public or

communicated to the public.

(6) For the purposes of this section, a statement that a person was the director of a film

shall be taken, unless a contrary indication appears, as meaning that he was the

principal director of the film.

106 Presumptions relevant to works subject to Crown copyright

In proceedings brought by virtue of this Chapter with respect to a literary, dramatic or

musical work in which Crown copyright subsists, where there appears on printed copies

of the work a statement of the year in which the work was first published commercially,

that statement shall be admissible as evidence of the fact stated and shall be presumed to

be correct in the absence of evidence to the contrary.

69 ss.107(2A) & (4A) added by SI 2003/2498. Maximum sentence set by s.107(4)(b) increased from the

original two years to ten by the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002.

Offences

10769 Criminal liability for making or dealing with infringing articles &c

(1) A person commits an offence who, without the licence of the copyright owner –

(a) makes for sale or hire, or

(b) imports into the United Kingdom otherwise than for his private and domestic

use, or

infringing the copyright, or

(d) in the course of a business –

(i) sells or lets for hire, or

(ii) offers or exposes for sale or hire, or

(iii) exhibits in public, or

(iv) distributes, or

(e) distributes otherwise than in the course of a business to such an extent as to

affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing

copy of a copyright work.

(2) A person commits an offence who –

(a) makes an article specifically designed or adapted for making copies of a

particular copyright work, or

(b) has such an article in his possession,

knowing or having reason to believe that it is to be used to make infringing copies

for sale or hire or for use in the course of a business.

(2A) A person who infringes copyright in a work by communicating the work to the

public –

(a) in the course of a business, or

(b) otherwise than in the course of a business to such an extent as to affect

prejudicially the owner of the copyright,

commits an offence if he knows or has reason to believe that, by doing so, he is

infringing copyright in that work.

(3) Where copyright is infringed (otherwise than by reception of a communication to the

public) –

(a) by the public performance of a literary, dramatic or musical work, or

(b) by the playing or showing in public of a sound recording or film,

any person who caused the work to be so performed, played or shown is guilty of an

offence if he knew or had reason to believe that copyright would be infringed.

(4) A person guilty of an offence under subsection (1)(a), (b),(d)(iv) or (e) is liable –

(a) on summary conviction to imprisonment for a term not exceeding six months

or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding

ten years, or both.

(4A) A person guilty of an offence under subsection (2A) is liable –

(a) on summary conviction to imprisonment for a term not exceeding three months

or a fine not exceeding the statutory maximum, or both;

70 s.107A added by the Criminal Justice and Public Order Act 1994. See also Annex V.

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding

two years, or both.

(5) A person guilty of any other offence under this section is liable on summary

conviction to imprisonment for a term not exceeding six months or a fine not

exceeding level 5 on the standard scale, or both.

(6) Sections 104 to 106 (presumptions as to various matters connected with copyright)

do not apply to proceedings for an offence under this section; but without prejudice

to their application in proceedings for an order under section 108 below.

107A70 Enforcement by local weights and measures authority

(1) It is the duty of every local weights and measures authority to enforce within their

area the provisions of section 107.

(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the

enforcement of that section by such an authority as in relation to the enforcement of

that Act –

section 27 (power to make test purchases),

section 28 (power to enter premises and inspect and seize goods and documents),

section 29 (obstruction of authorised officers), and

section 33 (compensation for loss, &c. of goods seized).

(3) Subsection (1) above does not apply in relation to the enforcement of section 107 in

Northern Ireland, but it is the duty of the Department of Economic Development to

enforce that section in Northern Ireland.

For that purpose the provisions of the Trade Descriptions Act 1968 specified in

subsection (2) apply as if for the references to a local weights and measures authority

and any officer of such an authority there were substituted references to that

Department and any of its officers.

(4) Any enactment which authorises the disclosure of information for the purpose of

facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if

section 107 were contained in that Act and as if the functions of any person in

relation to the enforcement of that section were functions under that Act.

(5) Nothing in this section shall be construed as authorising a local weights and measures

authority to bring proceedings in Scotland for an offence.

108 Order for delivery up in criminal proceedings

(1) The court before which proceedings are brought against a person for an offence under

section 107 may, if satisfied that at the time of his arrest or charge –

(a) he had in his possession, custody or control in the course of a business an

infringing copy of a copyright work, or

(b) he had in his possession, custody or control an article specifically designed or

adapted for making copies of a particular copyright work, knowing or having

reason to believe that it had been or was to be used to make infringing copies,

order that the infringing copy or article be delivered up to the copyright owner or to

such other person as the court may direct.

(2) For this purpose a person shall be treated as charged with an offence –

(a) in England, Wales and Northern Ireland, when he is orally charged or is served

with a summons or indictment;

(b) in Scotland, when he is cautioned, charged or served with a complaint or

indictment.

71 References to the Powers of Criminal Courts (Sentencing) Act 2000 and Criminal Justice (Northern

Ireland) Order 1994 inserted by those enactments, and reference to the Proceeds of Crime (Scotland) Act

1995 inserted by the Criminal Procedure (Consequential Provisions) (Scotland Act) 1995, in place of

original references to earlier legislation.

72 Reference in s.109(1)(a) to ss.107(1) or (2) substituted by the Copyright etc. and Trade Marks (Offences

and Enforcement) Act 2002 (replacing original reference to ss. 107(1)(a), (b), (d)(iv) or (e)). That Act

also added the reference to s.107(2) in s.109(4), and the words “fixed or” before “moveable” in s.109(5).

References to s.107(2A) in ss.109(1)(a) & (4) inserted by SI 2003/2498.

(3) An order may be made by the court of its own motion or on the application of the

prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be

made whether or not the person is convicted of the offence, but shall not be made –

(a) after the end of the period specified in section 113 (period after which remedy

of delivery up not available), or

(b) if it appears to the court unlikely that any order will be made under section 114

(order as to disposal of infringing copy or other article).

(4) An appeal lies from an order made under this section by a magistrates' court –

(a) in England and Wales, to the Crown Court, and

(b) in Northern Ireland, to the county court;

and in Scotland, where an order has been made under this section, the person from

whose possession, custody or control the infringing copy or article has been removed

may, without prejudice to any other form of appeal under any rule of law, appeal

against that order in the same manner as against sentence.

(5) A person to whom an infringing copy or other article is delivered up in pursuance of

an order under this section shall retain it pending the making of an order, or the

decision not to make an order, under section 114.

(6)71 Nothing in this section affects the powers of the court under section 143 of the

Powers of Criminal Courts (Sentencing) Act 2000, Part II of the Proceeds of Crime

(Scotland) Act 1995 or Article 11 of the Criminal Justice (Northern Ireland) Order

1994 (general provisions as to forfeiture in criminal proceedings).

10972 Search warrants

(1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied

by information on oath given by a constable (in Scotland, by evidence on oath) that

there are reasonable grounds for believing –

(a) that an offence under section 107(1), (2) or (2A) has been or is about to be

committed in any premises, and

(b) that evidence that such an offence has been or is about to be committed is in

those premises,

he may issue a warrant authorising a constable to enter and search the premises,

using such reasonable force as is necessary.

(2) The power conferred by subsection (1) does not, in England and Wales, extend to

authorising a search for material of the kinds mentioned in section 9(2) of the Police

and Criminal Evidence Act 1984 (certain classes of personal or confidential

material).

(3) A warrant under this section –

(a) may authorise persons to accompany any constable executing the warrant, and

(b) remains in force for 28 days from the date of its issue.

(4) In executing a warrant issued under this section a constable may seize an article if he

reasonably believes that it is evidence that any offence under section 107(1), (2) or

(2A) has been or is about to be committed.

(5) In this section "premises" includes land, buildings, fixed or moveable structures,

73 ss.111(3A) & (3B), and reference thereto in s.111(4), added by SI 1995/1445.

vehicles, vessels, aircraft and hovercraft.

110 Offence by body corporate: liability of officers

(1) Where an offence under section 107 committed by a body corporate is proved to have

been committed with the consent or connivance of a director, manager, secretary or

other similar officer of the body, or a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded

against and punished accordingly.

(2) In relation to a body corporate whose affairs are managed by its members "director"

means a member of the body corporate.

Provision for preventing importation of infringing copies

111 Infringing copies may be treated as prohibited goods

(1) The owner of the copyright in a published literary, dramatic or musical work may

give notice in writing to the Commissioners of Customs and Excise –

(a) that he is the owner of the copyright in the work, and

(b) that he requests the Commissioners, for a period specified in the notice, to treat

as prohibited goods printed copies of the work which are infringing copies.

(2) The period specified in a notice under subsection (1) shall not exceed five years and

shall not extend beyond the period for which copyright is to subsist.

(3) The owner of the copyright in a sound recording or film may give notice in writing

to the Commissioners of Customs and Excise –

(a) that he is the owner of the copyright in the work,

(b) that infringing copies of the work are expected to arrive in the United Kingdom

at a time and a place specified in the notice, and

(3A)73 The Commissioners may treat as prohibited goods only infringing copies of

works which arrive in the United Kingdom –

(a) from outside the European Economic Area, or

(b) from within that Area but not having been entered for free circulation.

(3B) This section does not apply to goods entered, or expected to be entered, for free

circulation, export, re-export or for a suspensive procedure in respect of which an

application may be made under Article 3(1) of Council Regulation (EC) No. 3295/94

laying down measures to prohibit the release for free circulation, export, re-export

or entry for a suspensive procedure of counterfeit and pirated goods.

(4) When a notice is in force under this section the importation of goods to which the

notice relates, otherwise than by a person for his private and domestic use, subject

to subsections (3A) and (3B), is prohibited; but a person is not by reason of the

prohibition liable to any penalty other than forfeiture of the goods.

112 Power of Commissioners of Customs and Excise to make regulations

(1) The Commissioners of Customs and Excise may make regulations prescribing the

form in which notice is to be given under section 111 and requiring a person giving

notice –

(a) to furnish the Commissioners with such evidence as may be specified in the

regulations, either on giving notice or when the goods are imported, or at both

those times, and

(b) to comply with such other conditions as may be specified in the regulations.

(2) The regulations may, in particular, require a person giving such a notice –

(a) to pay such fees in respect of the notice as may be specified by the regulations;

(b) to give such security as may be so specified in respect of any liability or

expense which the Commissioners may incur in consequence of the notice by

reason of the detention of any article or anything done to an article detained;

security has been given or not.

(3) The regulations may make different provision as respects different classes of case to

which they apply and may include such incidental and supplementary provisions as

the Commissioners consider expedient.

(4) Regulations 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.

(5) Section 17 of the Customs and Excise Management Act 1979 (general provisions as

to Commissioners' receipts) applies to fees paid in pursuance of regulations under

this section as to receipts under the enactments relating to customs and excise.

Supplementary

113 Period after which remedy of delivery up not available

(1) An application for an order under section 99 (order for delivery up in civil

proceedings) may not be made after the end of the period of six years from the date

on which the infringing copy or article in question was made, subject to the following

provisions.

(2) If during the whole or any part of that period the copyright owner –

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling him

to apply for an order,

an application may be made at any time before the end of the period of six years from

the date on which he ceased to be under a disability or, as the case may be, could

with reasonable diligence have discovered those facts.

(3) In subsection (2) "disability" –

(a) in England and Wales, has the same meaning as in the Limitation Act 1980;

(b) in Scotland, means legal disability within the meaning of the Prescription and

Limitation (Scotland) Act 1973;

(Northern Ireland) 1958.

(4) An order under section 108 (order for delivery up in criminal proceedings) shall not,

in any case, be made after the end of the period of six years from the date on which

the infringing copy or article in question was made.

114 Order as to disposal of infringing copy or other article

(1) An application may be made to the court for an order that an infringing copy or other

article delivered up in pursuance of an order under section 99 or 108, or seized and

detained in pursuance of the right conferred by section 100, shall be –

(a) forfeited to the copyright owner, or

(b) destroyed or otherwise dealt with as the court may think fit,

or for a decision that no such order should be made.

(2) In considering what order (if any) should be made, the court shall consider whether

74 Reference to s.19 of the Trade Marks Act 1994 substituted by that Act (replacing original reference to

s.58C of the Trade Marks Act 1938).

75 ss. 114A & B inserted by the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002,

and references to s.107(2A) added in s.114A(2)(a) & 114B(15) by SI 2003/2498.

other remedies available in an action for infringement of copyright would be

adequate to compensate the copyright owner and to protect his interests.

(3) Provision shall be made by rules of court as to the service of notice on persons having

an interest in the copy or other articles, and any such person is entitled –

(a) to appear in proceedings for an order under this section, whether or not he was

served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of

an appeal may be given or, if before the end of that period notice of appeal is duly

given, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in a copy or other article, the court

shall make such order as it thinks just and may (in particular) direct that the article

be sold, or otherwise dealt with, and the proceeds divided.

(5) If the court decides that no order should be made under this section, the person in

whose possession, custody or control the copy or other article was before being

delivered up or seized is entitled to its return.

(6) References in this section to a person having an interest in a copy or other article

include any person in whose favour an order could be made in respect of it under this

section or under section 204 or 231 of this Act or section 19 of the Trade Marks Act

199474 (which make similar provision in relation to infringement of rights in

performances, design right and trade marks).

114A75 Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland

(1) In England and Wales or Northern Ireland where there have come into the possession

of any person in connection with the investigation or prosecution of a relevant

offence –

(a) infringing copies of a copyright work, or

(b) articles specifically designed or adapted for making copies of a particular

that person may apply under this section for an order for the forfeiture of the

infringing copies or articles.

(2) For the purposes of this section "relevant offence" means –

(a) an offence under section 107(1), (2) or (2A) (criminal liability for making or

dealing with infringing articles, etc.),

(b) an offence under the Trade Descriptions Act 1968 (c. 29), or

(3) An application under this section may be made –

(a) where proceedings have been brought in any court for a relevant offence

relating to some or all of the infringing copies or articles, to that court, or

(b) where no application for the forfeiture of the infringing copies or articles has

been made under paragraph (a), by way of complaint to a magistrates' court.

(4) On an application under this section, the court shall make an order for the forfeiture

of any infringing copies or articles only if it is satisfied that a relevant offence has

been committed in relation to the infringing copies or articles.

(5) A court may infer for the purposes of this section that such an offence has been

committed in relation to any infringing copies or articles if it is satisfied that such an

offence has been committed in relation to infringing copies or articles which are

representative of the infringing copies or articles in question (whether by reason of

being of the same design or part of the same consignment or batch or otherwise).

(6) Any person aggrieved by an order made under this section by a magistrates' court, or

by a decision of such a court not to make such an order, may appeal against that order

or decision –

(a) in England and Wales, to the Crown Court, or

(b) in Northern Ireland, to the county court.

(7) An order under this section may contain such provision as appears to the court to be

appropriate for delaying the coming into force of the order pending the making and

determination of any appeal (including any application under section 111 of the

Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts

(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).

(8) Subject to subsection (9), where any infringing copies or articles are forfeited under

this section they shall be destroyed in accordance with such directions as the court

may give.

(9) On making an order under this section the court may direct that the infringing copies

or articles to which the order relates shall (instead of being destroyed) be forfeited

to the owner of the copyright in question or dealt with in such other way as the court

considers appropriate.

114B Forfeiture of infringing copies, etc.: Scotland

(1) In Scotland the court may make an order under this section for the forfeiture of

any –

(a) infringing copies of a copyright work, or

(b) articles specifically designed or adapted for making copies of a particular

(2) An order under this section may be made –

(a) on an application by the procurator-fiscal made in the manner specified in

section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or

(b) where a person is convicted of a relevant offence, in addition to any other

penalty which the court may impose.

(3) On an application under subsection (2)(a), the court shall make an order for the

forfeiture of any infringing copies or articles only if it is satisfied that a relevant

offence has been committed in relation to the infringing copies or articles.

(4) The court may infer for the purposes of this section that such an offence has been

committed in relation to any infringing copies or articles if it is satisfied that such an

offence has been committed in relation to infringing copies or articles which are

representative of the infringing copies or articles in question (whether by reason of

being of the same design or part of the same consignment or batch or otherwise).

(5) The procurator-fiscal making the application under subsection (2)(a) shall serve on

any person appearing to him to be the owner of, or otherwise to have an interest in,

the infringing copies or articles to which the application relates a copy of the

application, together with a notice giving him the opportunity to appear at the hearing

of the application to show cause why the infringing copies or articles should not be

forfeited.

(6) Service under subsection (5) shall be carried out, and such service may be proved,

in the manner specified for citation of an accused in summary proceedings under the

Criminal Procedure (Scotland) Act 1995.

(7) Any person upon whom notice is served under subsection (5) and any other person

claiming to be the owner of, or otherwise to have an interest in, infringing copies or

articles to which an application under this section relates shall be entitled to appear

at the hearing of the application to show cause why the infringing copies or articles

should not be forfeited.

(8) The court shall not make an order following an application under subsection

(2)(a) –

(a) if any person on whom notice is served under subsection (5) does not appear,

unless service of the notice on that person is proved, or

(b) if no notice under subsection (5) has been served, unless the court is satisfied

that in the circumstances it was reasonable not to serve such notice.

(9) Where an order for the forfeiture of any infringing copies or articles is made

following an application under subsection (2)(a), any person who appeared, or was

entitled to appear, to show cause why infringing copies or articles should not be

forfeited may, within 21 days of the making of the order, appeal to the High Court

by Bill of Suspension.

(10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 (c. 46) shall

apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of

that Act.

(11) An order following an application under subsection (2)(a) shall not take effect –

(a) until the end of the period of 21 days beginning with the day after the day on

which the order is made, or

(b) if an appeal is made under subsection (9) above within that period, until the

appeal is determined or abandoned.

(12) An order under subsection (2)(b) shall not take effect –

(a) until the end of the period within which an appeal against the order could be

brought under the Criminal Procedure (Scotland) Act 1995, or

(b) if an appeal is made within that period, until the appeal is determined or

abandoned.

(13) Subject to subsection (14), infringing copies or articles forfeited under this section

shall be destroyed in accordance with such directions as the court may give.

(14) On making an order under this section the court may direct that the infringing copies

or articles to which the order relates shall (instead of being destroyed) be forfeited

to the owner of the copyright in question or dealt with in such other way as the court

considers appropriate.

(15) For the purposes of this section –

"relevant offence" means an offence under section 107(1), (2) or (2A) (criminal

liability for making or dealing with infringing articles, etc.), or under the Trade

Descriptions Act 1968 (c. 29) or any offence involving dishonesty or deception;

"the court" means –

(a) in relation to an order made on an application under subsection (2)(a),

the sheriff, and

(b) in relation to an order made under subsection (2)(b), the court which

imposed the penalty.

115 Jurisdiction of county court and sheriff court

(1) In England, Wales and Northern Ireland a county court may entertain proceedings

76 Words “save that -----only” added by SI 1991/724.

77 Revised s.117 substituted by SI 1996/2967.

under –

section 99 (order for delivery up of infringing copy or other article),

section 102(5) (order as to exercise of rights by copyright owner where exclusive

licensee has concurrent rights), or

section 114 (order as to disposal of infringing copy or other article),

save that, in Northern Ireland, a county court may entertain such proceedings only76

where the value of the infringing copies and other articles in question does not

exceed the county court limit for actions in tort.

(2) In Scotland proceedings for an order under any of those provisions may be brought

in the sheriff court.

(3) Nothing in this section shall be construed as affecting the jurisdiction of the High

Court or, in Scotland, the Court of Session.

CHAPTER VII

Licensing schemes and licensing bodies

116 Licensing schemes and licensing bodies

(1) In this Part a "licensing scheme" means a scheme setting out –

(a) the classes of case in which the operator of the scheme, or the person on whose

behalf he acts, is willing to grant copyright licences, and

(b) the terms on which licences would be granted in those classes of case;

and for this purpose a "scheme" includes anything in the nature of a scheme, whether

described as a scheme or as a tariff or by any other name.

(2) In this Chapter a "licensing body" means a society or other organisation which has

as its main object, or one of its main objects, the negotiation or granting, either as

owner or prospective owner of copyright or as agent for him, of copyright licences,

and whose objects include the granting of licences covering works of more than one

author.

(3) In this section "copyright licences" means licences to do, or authorise the doing of,

any of the acts restricted by copyright.

(4) References in this Chapter to licences or licensing schemes covering works of more

than one author do not include licences or schemes covering only –

(a) a single collective work or collective works of which the authors are the same,

(b) works made by, or by employees of or commissioned by, a single individual,

firm, company or group of companies.

For this purpose a group of companies means a holding company and its subsidiaries,

within the meaning of section 736 of the Companies Act 1985.

References and applications with respect to licensing schemes

11777 Licensing schemes to which following sections apply

Sections 118 to 123 (references and applications with respect to licensing schemes) apply

to licensing schemes which are operated by licensing bodies and cover works of more than

78 Reference to s.128A inserted by SI 2003/2498.

one author, so far as they relate to licences for –

(a) copying the work,

(b) rental or lending of copies of the work to the public,

(d) communicating the work to the public;

and references in those sections to a licensing scheme shall be construed accordingly.

118 Reference of proposed licensing scheme to tribunal

(1) The terms of a licensing scheme proposed to be operated by a licensing body may be

referred to the Copyright Tribunal by an organisation claiming to be representative

of persons claiming that they require licences in cases of a description to which the

scheme would apply, either generally or in relation to any description of case.

(2) The Tribunal shall first decide whether to entertain the reference, and may decline

to do so on the ground that the reference is premature.

(3) If the Tribunal decides to entertain the reference it shall consider the matter referred

and make such order, either confirming or varying the proposed scheme, either

generally or so far as it relates to cases of the description to which the reference

relates, as the Tribunal may determine to be reasonable in the circumstances.

(4) The order may be made so as to be in force indefinitely or for such period as the

Tribunal may determine.

119 Reference of licensing scheme to tribunal

(1) If while a licensing scheme is in operation a dispute arises between the operator of

the scheme and –

(a) a person claiming that he requires a licence in a case of a description to which

the scheme applies, or

(b) an organisation claiming to be representative of such persons,

that person or organisation may refer the scheme to the Copyright Tribunal in so far

as it relates to cases of that description.

(2) A scheme which has been referred to the Tribunal under this section shall remain in

operation until proceedings on the reference are concluded.

(3) The Tribunal shall consider the matter in dispute and make such order, either

confirming or varying the scheme so far as it relates to cases of the description to

which the reference relates, as the Tribunal may determine to be reasonable in the

circumstances.

(4) The order may be made so as to be in force indefinitely or for such period as the

Tribunal may determine.

120 Further reference of scheme to tribunal

(1) Where the Copyright Tribunal has on a previous reference of a licensing scheme

under section 118, 119 or 128A78, or under this section, made an order with respect

to the scheme, then, while the order remains in force –

(a) the operator of the scheme,

(b) a person claiming that he requires a licence in a case of the description to

which the order applies, or

scheme again to the Tribunal so far as it relates to cases of that description.

(2) A licensing scheme shall not, except with the special leave of the Tribunal, be

referred again to the Tribunal in respect of the same description of cases –

(a) within twelve months from the date of the order on the previous reference, or

(b) if the order was made so as to be in force for 15 months or less, until the last

three months before the expiry of the order.

(3) A scheme which has been referred to the Tribunal under this section shall remain in

operation until proceedings on the reference are concluded.

(4) The Tribunal shall consider the matter in dispute and make such order, either

confirming, varying or further varying the scheme so far as it relates to cases of the

description to which the reference relates, as the Tribunal may determine to be

reasonable in the circumstances.

(5) The order may be made so as to be in force indefinitely or for such period as the

Tribunal may determine.

121 Application for grant of licence in connection with licensing scheme

(1) A person who claims, in a case covered by a licensing scheme, that the operator of

the scheme has refused to grant him or procure the grant to him of a licence in

accordance with the scheme, or has failed to do so within a reasonable time after

being asked, may apply to the Copyright Tribunal.

(2) A person who claims, in a case excluded from a licensing scheme, that the operator

of the scheme either –

(a) has refused to grant him a licence or procure the grant to him of a licence, or

has failed to do so within a reasonable time of being asked, and that in the

circumstances it is unreasonable that a licence should not be granted, or

(b) proposes terms for a licence which are unreasonable,

may apply to the Copyright Tribunal.

(3) A case shall be regarded as excluded from a licensing scheme for the purposes of

subsection (2) if –

(a) the scheme provides for the grant of licences subject to terms excepting

matters from the licence and the case falls within such an exception, or

(b) the case is so similar to those in which licences are granted under the scheme

that it is unreasonable that it should not be dealt with in the same way.

(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an order

declaring that, in respect of the matters specified in the order, the applicant is entitled

to a licence on such terms as the Tribunal may determine to be applicable in

accordance with the scheme or, as the case may be, to be reasonable in the

circumstances.

(5) The order may be made so as to be in force indefinitely or for such period as the

Tribunal may determine.

122 Application for review of order as to entitlement to licence

(1) Where the Copyright Tribunal has made an order under section 121 that a person is

entitled to a licence under a licensing scheme, the operator of the scheme or the

original applicant may apply to the Tribunal to review its order.

(2) An application shall not be made, except with the special leave of the Tribunal –

(a) within twelve months from the date of the order, or of the decision on a

previous application under this section, or

(b) if the order was made so as to be in force for 15 months or less, or as a result

of the decision on a previous application under this section is due to expire

within 15 months of that decision, until the last three months before the expiry date.

(3) The Tribunal shall on an application for review confirm or vary its order as the

Tribunal may determine to be reasonable having regard to the terms applicable in

accordance with the licensing scheme or, as the case may be, the circumstances of

the case.

123 Effect of order of tribunal as to licensing scheme

(1) A licensing scheme which has been confirmed or varied by the Copyright

Tribunal –

(a) under section 118 (reference of terms of proposed scheme), or

(b) under section 119 or 120 (reference of existing scheme to Tribunal),

shall be in force or, as the case may be, remain in operation, so far as it relates to the

description of case in respect of which the order was made, so long as the order

remains in force.

(2) While the order is in force a person who in a case of a class to which the order

applies –

(a) pays to the operator of the scheme any charges payable under the scheme in

respect of a licence covering the case in question or, if the amount cannot be

ascertained, gives an undertaking to the operator to pay them when

ascertained, and

(b) complies with the other terms applicable to such a licence under the scheme,

shall be in the same position as regards infringement of copyright as if he had at all

material times been the holder of a licence granted by the owner of the copyright in

question in accordance with the scheme.

(3) The Tribunal may direct that the order, so far as it varies the amount of charges

payable, has effect from a date before that on which it is made, but not earlier than

the date on which the reference was made or, if later, on which the scheme came into

operation.

If such a direction is made –

(a) any necessary repayments, or further payments, shall be made in respect of

charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the scheme shall

be construed as a reference to the charges so payable by virtue of the order.

No such direction may be made where subsection (4) below applies.

(4) An order of the Tribunal under section 119 or 120 made with respect to a scheme

which is certified for any purpose under section 143 has effect, so far as it varies the

scheme by reducing the charges payable for licences, from the date on which the

reference was made to the Tribunal.

(5) Where the Tribunal has made an order under section 121 (order as to entitlement to

licence under licensing scheme) and the order remains in force, the person in whose

favour the order is made shall if he –

(a) pays to the operator of the scheme any charges payable in accordance with the

order or, if the amount cannot be ascertained, gives an undertaking to pay the

charges when ascertained, and

(b) complies with the other terms specified in the order,

be in the same position as regards infringement of copyright as if he had at all

material times been the holder of a licence granted by the owner of the copyright in

question on the terms specified in the order.

79 Revised s.124 substituted by SI 1996/2967.

80 Reference to s.128B and subsequent words in brackets added by SI 2003/2498.

References and applications with respect to licensing by licensing bodies

12479 Licences to which following sections apply

Sections 125 to 128 (references and applications with respect to licensing by licensing

bodies) apply to licences which are granted by a licensing body otherwise than in

pursuance of a licensing scheme and cover works of more than one author, so far as they

authorise –

(a) copying the work,

(b) rental or lending of copies of the work to the public,

(d) communicating the work to the public;

and references in those sections to a licence shall be construed accordingly.

125 Reference to tribunal of proposed licence

(1) The terms on which a licensing body proposes to grant a licence may be referred to

the Copyright Tribunal by the prospective licensee.

(2) The Tribunal shall first decide whether to entertain the reference, and may decline

to do so on the ground that the reference is premature.

(3) If the Tribunal decides to entertain the reference it shall consider the terms of the

proposed licence and make such order, either confirming or varying the terms, as it

may determine to be reasonable in the circumstances.

(4) The order may be made so as to be in force indefinitely or for such period as the

Tribunal may determine.

126 Reference to tribunal of expiring licence

(1) A licensee under a licence which is due to expire, by effluxion of time or as a result

of notice given by the licensing body, may apply to the Copyright Tribunal on the

ground that it is unreasonable in the circumstances that the licence should cease to

be in force.

(2) Such an application may not be made until the last three months before the licence

is due to expire.

(3) A licence in respect of which a reference has been made to the Tribunal shall remain

in operation until proceedings on the reference are concluded.

(4) If the Tribunal finds the application well-founded, it shall make an order declaring

that the licensee shall continue to be entitled to the benefit of the licence on such

terms as the Tribunal may determine to be reasonable in the circumstances.

(5) An order of the Tribunal under this section may be made so as to be in force

indefinitely or for such period as the Tribunal may determine.

127 Application for review of order as to licence

(1) Where the Copyright Tribunal has made an order under section 125, 126 or 128B

(where that order did not relate to a licensing scheme)80, the licensing body or the

person entitled to the benefit of the order may apply to the Tribunal to review its

order.

(2) An application shall not be made, except with the special leave of the Tribunal –

(a) within twelve months from the date of the order or of the decision on a

previous application under this section, or

81 ss.128A and 128B inserted by SI 2003/2498.

(b) if the order was made so as to be in force for 15 months or less, or as a result

of the decision on a previous application under this section is due to expire

within 15 months of that decision, until the last three months before the expiry

date.

(3) The Tribunal shall on an application for review confirm or vary its order as the

Tribunal may determine to be reasonable in the circumstances.

128 Effect of order of tribunal as to licence

(1) Where the Copyright Tribunal has made an order under section 125 or 126 and the

order remains in force, the person entitled to the benefit of the order shall if he –

(a) pays to the licensing body any charges payable in accordance with the order

or, if the amount cannot be ascertained, gives an undertaking to pay the

charges when ascertained, and

(b) complies with the other terms specified in the order,

be in the same position as regards infringement of copyright as if he had at all

material times been the holder of a licence granted by the owner of the copyright in

question on the terms specified in the order.

(2) The benefit of the order may be assigned –

(a) in the case of an order under section 125, if assignment is not prohibited under

the terms of the Tribunal's order; and

(b) in the case of an order under section 126, if assignment was not prohibited

under the terms of the original licence.

(3) The Tribunal may direct that an order under section 125 or 126, or an order under

section 127 varying such an order, so far as it varies the amount of charges payable,

has effect from a date before that on which it is made, but not earlier than the date

on which the reference or application was made or, if later, on which the licence was

granted or, as the case may be, was due to expire.

If such a direction is made—

(a) any necessary repayments, or further payments, shall be made in respect of

charges already paid, and

(b) the reference in subsection (1)(a) to the charges payable in accordance with the

order shall be construed, where the order is varied by a later order, as a

reference to the charges so payable by virtue of the later order.

128A81 Notification of licence or licensing scheme for excepted sound recordings

(1) This section only applies to a proposed licence or licensing scheme that will

authorise the playing in public of excepted sound recordings included in broadcasts,

in circumstances where by reason of the exclusion of excepted sound recordings from

section 72(1), the playing in public of such recordings would otherwise infringe the

(2) A licensing body must notify the Secretary of State of the details of any proposed

licence or licensing scheme for excepted sound recordings before it comes into

operation.

(3) A licence or licensing scheme, which has been notified under subsection (2), may not

be operated by the licensing body until 28 days have elapsed since that notification.

(4) Subject to subsection (5), the Secretary of State shall take into account the matters

set out in subsection (6) and then either –

(a) refer the licence or licensing scheme to the Copyright Tribunal for a

determination of whether the licence or licensing scheme is reasonable in the

circumstances, or

(b) notify the licensing body that he does not intend to refer the licence or

licensing scheme to the Tribunal.

(5) If the Secretary of State becomes aware –

(a) that a licensing body has failed to notify him of a licence or licensing scheme

under subsection (2) before it comes into operation; or

(b) that a licence or licensing scheme has been operated within 28 days of a

notification under subsection (2),

subsection (4) does not apply, but the Secretary of State may at any time refer the

licence or licensing scheme to the Tribunal for a determination of whether the licence

or licensing scheme is reasonable in the circumstances, or may notify the licensing

body that he does not intend to refer it to the Tribunal.

(6) The matters referred to in subsection (4) are –

(a) whether the terms and conditions of the proposed licence or licensing scheme

have taken into account the factors set out in subsection (7);

(b) any written representations received by the Secretary of State;

(d) the availability of other schemes, or the granting of other licences, to other

persons in similar circumstances, and the terms of those schemes or licences;

and

(e) the extent to which the licensing body has consulted any person who would be

affected by the proposed licence or licensing scheme, or organisations

representing such persons, and the steps, if any, it has taken as a result.

(7) The factors referred to in subsection (6) are –

(a) the extent to which the broadcasts to be shown or played by a potential

licensee in circumstances mentioned in subsection (1) are likely to include

excepted sound recordings;

(b) the size and the nature of the audience that a licence or licensing scheme

would permit to hear the excepted sound recordings;

the excepted sound recordings; and

(d) the extent to which the owners of copyright in the excepted sound recordings

will receive equitable remuneration, from sources other than the proposed

licence or licensing scheme, for the inclusion of their recordings in the

broadcasts to be shown or played in public by a potential licensee.

(8) A proposed licence or licensing scheme that must be notified to the Secretary of State

under subsection (2) may only be referred to the Tribunal under section 118 or 125

before such notification takes place.

(9) A proposed licensing scheme that has been notified to the Secretary of State under

subsection (2) may only be referred to the Tribunal under section 119 after the

Secretary of State has notified the licensing body that he does not intend to refer the

licensing scheme to the Tribunal.

(10) If a reference made to the Tribunal under section 118 or 125 is permitted under

subsection (8) then –

(a) the reference shall not be considered premature only because the licence or

licensing scheme has not been notified to the Secretary of State under

subsection (2); and

(b) where the Tribunal decides to entertain the reference, subsection (2) to (5)

shall not apply.

(11) Nothing in this section shall be taken to prejudice any right to make a reference or

application to the Tribunal under sections 120 to 122, 126 or 127.

(12) This section applies to modifications to an existing licence or licensing scheme as it

applies to a proposed licence or licensing scheme.

(13) In this section and in section 128B, any reference to a "licence" means a licence

granted by a licensing body otherwise than in pursuance of a licensing scheme and

which covers works of more than one author.

128B References to the Tribunal by the Secretary of State under section 128A

(1) The Copyright Tribunal may make appropriate enquiries to establish whether a

licence or licensing scheme referred to it by the Secretary of State under section

128A(4)(a) or (5) is reasonable in the circumstances.

(2) When considering the matter referred, and after concluding any such enquiries, the

Tribunal shall take into account –

(a) whether the terms and conditions of the proposed licence or licensing scheme

have taken into account the factors set out in section 128A(7); and

(b) any other factors it considers relevant,

and shall then make an order under subsection (3).

(3) The Tribunal shall make such order –

(a) in the case of a licensing scheme, either confirming or varying the proposed

scheme, either generally or so far as it relates to cases of any description; or

(b) in the case of a licence, either confirming or varying the proposed licence,

as the Tribunal may determine to be reasonable in the circumstances.

(4) The Tribunal may direct that the order, so far as it reduces the amount of charges

payable, has effect from a date before that on which it is made.

If such a direction is made, any necessary repayments to a licensee shall be made in

respect of charges already paid.

(5) The Tribunal may award simple interest on repayments, at such rate and for such

period, ending not later than the date of the order, as it thinks fit.

Factors to be taken into account in certain classes of case

129 General considerations: unreasonable discrimination

In determining what is reasonable on a reference or application under this Chapter relating

to a licensing scheme or licence, the Copyright Tribunal shall have regard to –

(a) the availability of other schemes, or the granting of other licences, to other

persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise its powers so as to secure that there is no unreasonable discrimination

between licensees, or prospective licensees, under the scheme or licence to which the

reference or application relates and licensees under other schemes operated by, or other

licences granted by, the same person.

130 Licences for reprographic copying

Where a reference or application is made to the Copyright Tribunal under this Chapter

relating to the licensing of reprographic copying of published literary, dramatic, musical

or artistic works, or the typographical arrangement of published editions, the Tribunal

shall have regard to –

(a) the extent to which published editions of the works in question are otherwise

available,

82 Revised s.133(1) substituted by SI 1996/2967.

83 s.134(3A), and reference thereto in s.134(1), added by the Broadcasting Act 1996. Original s.134(4)

deleted by the Broadcasting Act 1990, and reference thereto in s.134(3) deleted by SI 2003/2498.

(b) the proportion of the work to be copied, and

131 Licences for educational establishments in respect of works included in

broadcasts

(1) This section applies to references or applications under this Chapter relating to

licences for the recording by or on behalf of educational establishments of broadcasts

which include copyright works, or the making of copies of such recordings, for

educational purposes.

(2) The Copyright Tribunal shall, in considering what charges (if any) should be paid for

a licence, have regard to the extent to which the owners of copyright in the works

included in the broadcast have already received, or are entitled to receive, payment

in respect of their inclusion.

132 Licences to reflect conditions imposed by promoters of events

(1) This section applies to references or applications under this Chapter in respect of

licences relating to sound recordings, films or broadcasts which include, or are to

include, any entertainment or other event.

(2) The Copyright Tribunal shall have regard to any conditions imposed by the

promoters of the entertainment or other event; and, in particular, the Tribunal shall

not hold a refusal or failure to grant a licence to be unreasonable if it could not have

been granted consistently with those conditions.

(3) Nothing in this section shall require the Tribunal to have regard to any such

conditions in so far as they –

(a) purport to regulate the charges to be imposed in respect of the grant of

licences, or

(b) relate to payments to be made to the promoters of any event in consideration

of the grant of facilities for making the recording, film or broadcast.

133 Licences to reflect payments in respect of underlying rights

(1)82 In considering what charges should be paid for a licence –

(a) on a reference or application under this Chapter relating to licences for the

rental or lending of copies of a work, or

(b) on an application under section 142 (royalty or other sum payable for lending

of certain works),

the Copyright Tribunal shall take into account any reasonable payments which the

owner of the copyright in the work is liable to make in consequence of the granting

of the licence, or of the acts authorised by the licence, to owners of copyright in

works included in that work.

(2) On any reference or application under this Chapter relating to licensing in respect of

the copyright in sound recordings, films or broadcasts, the Copyright Tribunal shall

take into account, in considering what charges should be paid for a licence, any

reasonable payments which the copyright owner is liable to make in consequence of

the granting of the licence, or of the acts authorised by the licence, in respect of any

performance included in the recording, film or broadcast.

13483 Licences in respect of works included in re-transmissions

(1) Subject to subsection (3A) this section applies to references or applications under this

84 ss. 135A-135G added by the Broadcasting Act 1990, and s.135H by the Broadcasting Act 1996.

Chapter relating to licences to include in a broadcast –

(a) literary, dramatic, musical or artistic works, or,

(b) sound recordings or films,

where one broadcast ("the first transmission") is, by reception and immediate

re-transmission, to be further broadcast ("the further transmission").

(2) So far as the further transmission is to the same area as the first transmission, the

licences for either transmission, have regard to the extent to which the copyright

owner has already received, or is entitled to receive, payment for the other

transmission which adequately remunerates him in respect of transmissions to that

area.

(3) So far as the further transmission is to an area outside that to which the first

transmission was made, the Tribunal shall leave the further transmission out of

account in considering what charges (if any) should be paid for licences for the first

transmission.

(3A) This section does not apply in relation to any application under section 73A (royalty

or other sum payable in pursuance of section 73(4)).

135 Mention of specific matters not to exclude other relevant considerations

The mention in sections 129 to 134 of specific matters to which the Copyright Tribunal

is to have regard in certain classes of case does not affect the Tribunal's general obligation

in any case to have regard to all relevant considerations.

Use as of right of sound recordings in broadcasts84

135A Circumstances in which right available

(1) Section 135C applies to the inclusion in a broadcast of any sound recordings if –

(a) a licence to include those recordings in the broadcast could be granted by a

licensing body or such a body could procure the grant of a licence to do so,

(b) the condition in subsection (2) or (3) applies, and

section 135B.

(2) Where the person including the recordings in the broadcast does not hold a licence

to do so, the condition is that the licensing body refuses to grant, or procure the grant

of, such a licence, being a licence –

(a) whose terms as to payment for including the recordings in the broadcast would

be acceptable to him or comply with an order of the Copyright Tribunal under

section 135D relating to such a licence or any scheme under which it would be

granted, and

(b) allowing unlimited needletime or such needletime as he has demanded.

(3) Where he holds a licence to include the recordings in the broadcast, the condition is

that the terms of the licence limit needletime and the licensing body refuses to

substitute or procure the substitution of terms allowing unlimited needletime or such

needletime as he has demanded, or refuses to do so on terms that fall within

subsection (2)(a).

(4) The references in subsection (2) to refusing to grant, or procure the grant of, a

licence, and in subsection (3) to refusing to substitute or procure the substitution of

terms, include failing to do so within a reasonable time of being asked.

85 Inserted by SI 2003/2498, which also ceased the original application of ss.135A-H to “cable programme

services” as well as broadcasts.

(5) In the group of sections from this section to section 135G –

“broadcast” does not include any broadcast which is a transmission of the kind

specified in section 6(1A)(b) or (c);85

“needletime” means the time in any period (whether determined as a number of

hours in the period or a proportion of the period, or otherwise) in which any

recordings may be included in a broadcast;

“sound recording” does not include a film sound track when accompanying a film.

(6) In sections 135B to 135G, “terms of payment” means terms as to payment for

including sound recordings in a broadcast.

135B Notice of intention to exercise right

(1) A person intending to avail himself of the right conferred by section 135C must –

(a) give notice to the licensing body of his intention to exercise the right, asking

the body to propose terms of payment, and

(b) after receiving the proposal or the expiry of a reasonable period, give

reasonable notice to the licensing body of the date on which he proposes to

begin exercising that right, and the terms of payment in accordance with which

he intends to do so.

(2) Where he has a licence to include the recordings in a broadcast, the date specified in

a notice under subsection (1)(b) must not be sooner than the date of expiry of that

licence except in a case falling within section 135A(3).

(3) Before the person intending to avail himself of the right begins to exercise it, he

must –

(a) give reasonable notice to the Copyright Tribunal of his intention to exercise the

right, and of the date on which he proposes to begin to do so, and

(b) apply to the Tribunal under section 135D to settle the terms of payment.

135C Conditions for exercise of right

(1) A person who, on or after the date specified in a notice under section 135B(1)(b),

includes in a broadcast any sound recordings in circumstances in which this section

applies, and who –

(a) complies with any reasonable condition, notice of which has been given to him

by the licensing body, as to inclusion in the broadcast of those recordings,

(b) provides that body with such information about their inclusion in the broadcast

as it may reasonably require, and

shall be in the same position as regards infringement of copyright as if he had at all

material times been the holder of a licence granted by the owner of the copyright in

question.

(2) Payments are to be made at not less than quarterly intervals in arrears.

(3) The amount of any payment is that determined in accordance with any order of the

(a) in accordance with any proposal for terms of payment made by the licensing

body pursuant to a request under section 135B, or

(b) where no proposal has been so made or the amount determined in accordance

with the proposal so made is unreasonably high, in accordance with the terms

of payment notified to the licensing body under section 135B(1)(b).

(4) Where this section applies to the inclusion in a broadcast of any sound recordings,

it does so in place of any licence.

135D Applications to settle payments

(1) On an application to settle the terms of payment, the Copyright Tribunal shall

consider the matter and make such order as it may determine to be reasonable in the

circumstances.

(2) An order under subsection (1) has effect from the date the applicant begins to

exercise the right conferred by section 135C and any necessary repayments, or further

payments, shall be made in respect of amounts that have fallen due.

135E References etc. about conditions, information and other terms

(1) A person exercising the right conferred by section 135C, or who has given notice to

the Copyright Tribunal of his intention to do so, may refer to the Tribunal –

(a) any question whether any condition as to the inclusion in a broadcast of sound

recordings, notice of which has been given to him by the licensing body in

question, is a reasonable condition, or

(b) any question whether any information is information which the licensing body

can reasonably require him to provide.

(2) On a reference under this section, the Tribunal shall consider the matter and make

such order as it may determine to be reasonable in the circumstances.

135F Application for review of order

(1) A person exercising the right conferred by section 135C or the licensing body may

apply to the Copyright Tribunal to review any order under section 135D or 135E.

(2) An application shall not be made, except with the special leave of the Tribunal –

(a) within twelve months from the date of the order, or of the decision on a

previous application under this section, or

(b) if the order was made so as to be in force for fifteen months or less, or as a

result of a decision on a previous application is due to expire within fifteen

months of that decision, until the last three months before the expiry date.

(3) On the application the Tribunal shall consider the matter and make such order

confirming or varying the original order as it may determine to be reasonable in the

circumstances.

(4) An order under this section has effect from the date on which it is made or such later

date as may be specified by the Tribunal.

135G Factors to be taken into account

(1) In determining what is reasonable on an application or reference under section 135D

or 135E, or on reviewing any order under section 135F, the Copyright Tribunal

shall –

(a) have regard to the terms of any orders which it has made in the case of persons

in similar circumstances exercising the right conferred by section 135C, and

(b) exercise its powers so as to secure that there is no unreasonable discrimination

between persons exercising that right against the same licensing body.

(2) In settling the terms of payment under section 135D, the Tribunal shall not be guided

by any order it has made under any enactment other than that section.

(3) Section 134 (factors to be taken into account: retransmissions) applies on an

application or reference under sections 135D to 135F as it applies on an application

or reference relating to a licence.

135H Power to amend sections 135A to 135G

(1) The Secretary of State may by order, subject to such transitional provision as appears

to him to be appropriate, amend sections 135A to 135G so as –

(a) to include in any reference to sound recordings any works of a description

specified in the order; or

(b) to exclude from any reference to a broadcast any broadcast of a description so

specified.

(2) An order shall be made by statutory instrument; and no order shall be made unless

a draft of it has been laid before and approved by resolution of each House of

Parliament.

Implied indemnity in schemes or licences for reprographic copying

136 Implied indemnity in certain schemes and licences for reprographic copying

(1) This section applies to –

(a) schemes for licensing reprographic copying of published literary, dramatic,

musical or artistic works, or the typographical arrangement of published

editions, and

(b) licences granted by licensing bodies for such copying,

where the scheme or licence does not specify the works to which it applies with such

particularity as to enable licensees to determine whether a work falls within the

scheme or licence by inspection of the scheme or licence and the work.

(2) There is implied –

(a) in every scheme to which this section applies an undertaking by the operator

of the scheme to indemnify a person granted a licence under the scheme, and

(b) in every licence to which this section applies an undertaking by the licensing

body to indemnify the licensee,

against any liability incurred by him by reason of his having infringed copyright by

making or authorising the making of reprographic copies of a work in circumstances

within the apparent scope of his licence.

(3) The circumstances of a case are within the apparent scope of a licence if –

(a) it is not apparent from inspection of the licence and the work that it does not

fall within the description of works to which the licence applies; and

(b) the licence does not expressly provide that it does not extend to copyright of

the description infringed.

(4) In this section "liability" includes liability to pay costs; and this section applies in

relation to costs reasonably incurred by a licensee in connection with actual or

contemplated proceedings against him for infringement of copyright as it applies to

sums which he is liable to pay in respect of such infringement.

(5) A scheme or licence to which this section applies may contain reasonable

provision –

(a) with respect to the manner in which, and time within which, claims under the

undertaking implied by this section are to be made;

(b) enabling the operator of the scheme or, as the case may be, the licensing body

to take over the conduct of any proceedings affecting the amount of his

liability to indemnify.

Reprographic copying by educational establishments

137 Power to extend coverage of scheme or licence

(1) This section applies to –

(a) a licensing scheme to which sections 118 to 123 apply (see section 117) and

which is operated by a licensing body, or

(b) a licence to which sections 125 to 128 apply (see section 124),

so far as it provides for the grant of licences, or is a licence, authorising the making

by or on behalf of educational establishments for the purposes of instruction of

reprographic copies of published literary, dramatic, musical or artistic works, or of

the typographical arrangement of published editions.

(2) If it appears to the Secretary of State with respect to a scheme or licence to which this

section applies that –

(a) works of a description similar to those covered by the scheme or licence are

unreasonably excluded from it, and

(b) making them subject to the scheme or licence would not conflict with the

normal exploitation of the works or unreasonably prejudice the legitimate

interests of the copyright owners,

he may by order provide that the scheme or licence shall extend to those works.

(3) Where he proposes to make such an order, the Secretary of State shall give notice of

the proposal to –

(a) the copyright owners,

(b) the licensing body in question, and

such other persons or organisations, as the Secretary of State thinks fit.

(4) The notice shall inform those persons of their right to make written or oral

representations to the Secretary of State about the proposal within six months from

the date of the notice; and if any of them wishes to make oral representations, the

Secretary of State shall appoint a person to hear the representations and report to him.

(5) In considering whether to make an order the Secretary of State shall take into account

any representations made to him in accordance with subsection (4), and such other

matters as appear to him to be relevant.

138 Variation or discharge of order extending scheme or licence

(1) The owner of the copyright in a work in respect of which an order is in force under

section 137 may apply to the Secretary of State for the variation or discharge of the

order, stating his reasons for making the application.

(2) The Secretary of State shall not entertain an application made within two years of the

making of the original order, or of the making of an order on a previous application

under this section, unless it appears to him that the circumstances are exceptional.

(3) On considering the reasons for the application the Secretary of State may confirm the

order forthwith; if he does not do so, he shall give notice of the application to –

(a) the licensing body in question, and

(b) such persons or organisations representative of educational establishments, and

such other persons or organisations, as he thinks fit.

(4) The notice shall inform those persons of their right to make written or oral

representations to the Secretary of State about the application within the period of

two months from the date of the notice; and if any of them wishes to make oral

representations, the Secretary of State shall appoint a person to hear the

representations and report to him.

(5) In considering the application the Secretary of State shall take into account the

reasons for the application, any representations made to him in accordance with

subsection (4), and such other matters as appear to him to be relevant.

(6) The Secretary of State may make such order as he thinks fit confirming or

discharging the order (or, as the case may be, the order as previously varied), or

varying (or further varying) it so as to exclude works from it.

139 Appeals against orders

(1) The owner of the copyright in a work which is the subject of an order under section

137 (order extending coverage of scheme or licence) may appeal to the Copyright

Tribunal which may confirm or discharge the order, or vary it so as to exclude works

from it, as it thinks fit having regard to the considerations mentioned in subsection

(2) of that section.

(2) Where the Secretary of State has made an order under section 138 (order confirming,

varying or discharging order extending coverage of scheme or licence) –

(a) the person who applied for the order, or

(b) any person or organisation representative of educational establishments who

was given notice of the application for the order and made representations in

accordance with subsection (4) of that section,

may appeal to the Tribunal which may confirm or discharge the order or make any

other order which the Secretary of State might have made.

(3) An appeal under this section shall be brought within six weeks of the making of the

order or such further period as the Tribunal may allow.

(4) An order under section 137 or 138 shall not come into effect until the end of the

period of six weeks from the making of the order or, if an appeal is brought before

the end of that period, until the appeal proceedings are disposed of or withdrawn.

(5) If an appeal is brought after the end of that period, any decision of the Tribunal on

the appeal does not affect the validity of anything done in reliance on the order

appealed against before that decision takes effect.

140 Inquiry whether new scheme or general licence required

(1) The Secretary of State may appoint a person to inquire into the question whether new

provision is required (whether by way of a licensing scheme or general licence) to

authorise the making by or on behalf of educational establishments for the purposes

of instruction of reprographic copies of –

(a) published literary, dramatic, musical or artistic works, or

(b) the typographical arrangement of published editions,

of a description which appears to the Secretary of State not to be covered by an

existing licensing scheme or general licence and not to fall within the power

conferred by section 137 (power to extend existing schemes and licences to similar

works).

(2) The procedure to be followed in relation to an inquiry shall be such as may be

prescribed by regulations made by the Secretary of State.

(3) The regulations shall, in particular, provide for notice to be given to –

(a) persons or organisations appearing to the Secretary of State to represent the

owners of copyright in works of that description, and

(b) persons or organisations appearing to the Secretary of State to represent

educational establishments,

and for the making of written or oral representations by such persons; but without

prejudice to the giving of notice to, and the making of representations by, other

persons and organisations.

(4) The person appointed to hold the inquiry shall not recommend the making of new

provision unless he is satisfied –

(a) that it would be of advantage to educational establishments to be authorised to

make reprographic copies of the works in question, and

(b) that making those works subject to a licensing scheme or general licence

would not conflict with the normal exploitation of the works or unreasonably

prejudice the legitimate interests of the copyright owners.

(5) If he does recommend the making of new provision he shall specify any terms, other

than terms as to charges payable, on which authorisation under the new provision

should be available.

(6) Regulations 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.

(7) In this section (and section 141) a "general licence" means a licence granted by a

licensing body which covers all works of the description to which it applies.

141 Statutory licence where recommendation not implemented

(1) The Secretary of State may, within one year of the making of a recommendation

under section 140 by order provide that if, or to the extent that, provision has not

been made in accordance with the recommendation, the making by or on behalf of

an educational establishment, for the purposes of instruction, of reprographic copies

of the works to which the recommendation relates shall be treated as licensed by the

owners of the copyright in the works.

(2) For that purpose provision shall be regarded as having been made in accordance with

the recommendation if –

(a) a certified licensing scheme has been established under which a licence is

available to the establishment in question, or

(b) a general licence has been –

(i) granted to or for the benefit of that establishment, or

(ii) referred by or on behalf of that establishment to the Copyright Tribunal

under section 125 (reference of terms of proposed licence), or

(iii) offered to or for the benefit of that establishment and refused without

such a reference,

and the terms of the scheme or licence accord with the recommendation.

(3) The order shall also provide that any existing licence authorising the making of such

copies (not being a licence granted under a certified licensing scheme or a general

licence) shall cease to have effect to the extent that it is more restricted or more

onerous than the licence provided for by the order.

(4) The order shall provide for the licence to be free of royalty but, as respects other

matters, subject to any terms specified in the recommendation and to such other

terms as the Secretary of State may think fit.

(5) The order may provide that where a copy which would otherwise be an infringing

copy is made in accordance with the licence provided by the order but is

subsequently dealt with, it shall be treated as an infringing copy for the purposes of

that dealing, and if that dealing infringes copyright for all subsequent purposes.

In this subsection "dealt with" means sold or let for hire, offered or exposed for sale

86 Revised s.142 substituted by SI 1996/2967.

87 Revised s.143(1)(c) substituted by SI 1996/2967 (referring to ‘lending’, rather than ‘rental’ as

originally).

or hire, or exhibited in public.

(6) The order shall not come into force until at least six months after it is made.

(7) An order may be varied from time to time, but not so as to include works other than

those to which the recommendation relates or remove any terms specified in the

recommendation, and may be revoked.

(8) 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.

(9) In this section a "certified licensing scheme" means a licensing scheme certified for

the purposes of this section under section 143.

Royalty or other sum payable for lending of certain works

14286 Royalty or other sum payable for lending of certain works

(1) An application to settle the royalty or other sum payable in pursuance of section 66

(lending of copies of certain copyright works) may be made to the Copyright

Tribunal by the copyright owner or the person claiming to be treated as licensed by

him.

(2) The Tribunal shall consider the matter and make such order as it may determine to

be reasonable in the circumstances.

(3) Either party may subsequently apply to the Tribunal to vary the order, and the

Tribunal shall consider the matter and make such order confirming or varying the

original order as it may determine to be reasonable in the circumstances.

(4) An application under subsection (3) shall not, except with the special leave of the

Tribunal, be made within twelve months from the date of the original order or of the

order on a previous application under that subsection.

(5) An order under subsection (3) has effect from the date on which it is made or such

later date as may be specified by the Tribunal.

Certification of licensing schemes

143 Certification of licensing schemes

(1) A person operating or proposing to operate a licensing scheme may apply to the

Secretary of State to certify the scheme for the purposes of –

(a) section 35 (educational recording of broadcasts),

(b) section 60 (abstracts of scientific or technical articles),

(d) section 74 (sub-titled copies of broadcasts for people who are deaf or hard of

hearing), or

(e) section 141 (reprographic copying of published works by educational

establishments).

(2) The Secretary of State shall by order made by statutory instrument certify the scheme

if he is satisfied that it –

(a) enables the works to which it relates to be identified with sufficient certainty

by persons likely to require licences, and

(b) sets out clearly the charges (if any) payable and the other terms on which

licences will be granted.

88 Reference to “Competition Commission” in section title substituted by the Competition Act 1998

(replacing original reference to the Monopolies and Mergers Commission). Revised ss.144(1)-(2)

substituted, and s.144(3) amended, by the Enterprise Act 2002. See also Annex V.

(3) The scheme shall be scheduled to the order and the certification shall come into

operation for the purposes of section 35, 60, 66, 74 or 141, as the case may be –

(a) on such date, not less than eight weeks after the order is made, as may be

specified in the order, or

(b) if the scheme is the subject of a reference under section 118 (reference of

proposed scheme), any later date on which the order of the Copyright Tribunal

under that section comes into force or the reference is withdrawn.

(4) A variation of the scheme is not effective unless a corresponding amendment of the

order is made; and the Secretary of State shall make such an amendment in the case

of a variation ordered by the Copyright Tribunal on a reference under section 118,

119 or 120, and may do so in any other case if he thinks fit.

(5) The order shall be revoked if the scheme ceases to be operated and may be revoked

if it appears to the Secretary of State that it is no longer being operated according to

its terms.

Powers exercisable in consequence of competition report

144 Powers exercisable in consequence of report of Competition Commission

(1)88 Subsection (1A) applies where whatever needs to be remedied, mitigated or

prevented by the Secretary of State, the Office of Fair Trading or as (the case may be)

the Competition Commission under section 12(5) of the Competition Act 1980 or

section 41(2), 55(2), 66(6), 75(2), 83(2), 138(2) 147(2) or 160(2) of, or paragraph

5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial

action following references to the Commission in connection with public bodies and

certain other persons, mergers or market investigations) consists of or includes –

(a) conditions in licences granted by the owner of copyright in a work restricting

the use of the work by the licensee or the right of the copyright owner to grant

other licences, or

(b) a refusal of a copyright owner to grant licences on reasonable terms.

(1A) The powers conferred by Schedule 8 to the Enterprise Act 2002 include power to

cancel or modify those conditions and, instead or in addition, to provide that licences

in respect of the copyright shall be available as of right.

(2) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in

section 12(5A) of the Competition Act 1980 and in sections 75(4)(a), 83(4)(a),

84(2)(a), 89(1), 160(4)(a), 161(3)(a) and (164(1) of, and paragraphs, 5, 10 and 11 of

Schedule 7 to, the Act of 2002 shall be construed accordingly.

(3) The Secretary of State, the Office of Fair Trading or (as the case may be) the

Competition Commission shall only exercise the powers available by virtue of this

section if he or it is satisfied that to do so does not contravene any Convention

relating to copyright to which the United Kingdom is a party.

(4) The terms of a licence available by virtue of this section shall, in default of

agreement, be settled by the Copyright Tribunal on an application by the person

requiring the licence; and terms so settled shall authorise the licensee to do

everything in respect of which a licence is so available.

(5) Where the terms of a licence are settled by the Tribunal, the licence has effect from

the date on which the application to the Tribunal was made.

89 s.144A added by SI 1996/2967. Word “wireless” inserted in s.144A(1), and revised s.144A(7)

substituted, by SI 2003/2498.

90 See Annex V.

91 Revised s.145(3) substituted by the Courts and Legal Services Act 1990.

Compulsory collective administration of certain rights

144A89 Collective exercise of certain rights in relation to cable re-transmission

(1) This section applies to the right of the owner of copyright in a literary, dramatic,

musical or artistic work, sound recording or film to grant or refuse authorisation for

cable re-transmission of a wireless broadcast from another EEA member state in

which the work is included.

That right is referred to below as “cable re-transmission right”.

(2) Cable re-transmission right may be exercised against a cable operator only through

a licensing body.

(3) Where a copyright owner has not transferred management of his cable retransmission

right to a licensing body, the licensing body which manages rights of

the same category shall be deemed to be mandated to manage his right.

Where more than one licensing body manages rights of that category, he may choose

which of them is deemed to be mandated to manage his right.

(4) A copyright owner to whom subsection (3) applies has the same rights and

obligations resulting from any relevant agreement between the cable operator and the

licensing body as have copyright owners who have transferred management of their

cable re-transmission right to that licensing body.

(5) Any rights to which a copyright owner may be entitled by virtue of subsection (4)

must be claimed within the period of three years beginning with the date of the cable

re-transmission concerned.

(6) This section does not affect any rights exercisable by the maker of the broadcast,

whether in relation to the broadcast or a work included in it.

(7) In this section –

“cable operator” means a person responsible for cable re-transmission of a wireless

broadcast; and

“cable re-transmission” means the reception and immediate re-transmission by

cable, including the transmission of microwave energy between terrestrial fixed

points, of a wireless broadcast.

CHAPTER VIII

THE COPYRIGHT TRIBUNAL

The Tribunal

145 The Copyright Tribunal.

(1) The Tribunal established under section 23 of the Copyright Act 1956 is renamed the

(2) The Tribunal shall consist of a chairman and two deputy chairmen appointed by the

Lord Chancellor, after consultation with the Lord Advocate90, and not less than two

or more than eight ordinary members appointed by the Secretary of State.

(3)91 A person is not eligible for appointment as chairman or deputy chairman unless –

(a) he has a 7-year general qualification, within the meaning of section 71 of the

Courts and Legal Services Act 1990;

92 s.146(3A) added by the Judicial Pensions and Retirement Act 1993.

(b) he is an advocate or solicitor in Scotland of at least 7 years’ standing;

Court of Northern Ireland of at least 7 years' standing; or

(d) he has held judicial office.

146 Membership of Tribunal

(1) The members of the Copyright Tribunal shall hold and vacate office in accordance

with their terms of appointment, subject to the following provisions.

(2) A member of the Tribunal may resign his office by notice in writing to the Secretary

of State or, in the case of the chairman or a deputy chairman, to the Lord Chancellor.

(3) The Secretary of State or, in the case of the chairman or a deputy chairman, the Lord

Chancellor may by notice in writing to the member concerned remove him from

office if –

(a) he has become bankrupt or made an arrangement with his creditors or, in

Scotland, his estate has been sequestrated or he has executed a trust deed for

his creditors or entered into a composition contract, or

(b) he is incapacitated by physical or mental illness,

or if he is in the opinion of the Secretary of State or, as the case may be, the Lord

Chancellor otherwise unable or unfit to perform his duties as member.

(3A)92 A person who is the chairman or a deputy chairman of the Tribunal shall vacate his

office on the day on which he attains the age of 70 years; but this subsection is

subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993

(power to authorise continuance in office up to the age of 75 years).

(4) If a member of the Tribunal is by reason of illness, absence or other reasonable cause

for the time being unable to perform the duties of his office, either generally or in

relation to particular proceedings, a person may be appointed to discharge his duties

for a period not exceeding six months at one time or, as the case may be, in relation

to those proceedings.

(5) The appointment shall be made –

(a) in the case of the chairman or deputy chairman, by the Lord Chancellor, who

shall appoint a person who would be eligible for appointment to that office,

and

(b) in the case of an ordinary member, by the Secretary of State;

and a person so appointed shall have during the period of his appointment, or in

relation to the proceedings in question, the same powers as the person in whose place

he is appointed.

(6) The Lord Chancellor shall consult the Lord Advocate before exercising his powers

under this section.

147 Financial provisions

(1) There shall be paid to the members of the Copyright Tribunal such remuneration

(whether by way of salaries or fees), and such allowances, as the Secretary of State

with the approval of the Treasury may determine.

(2) The Secretary of State may appoint such staff for the Tribunal as, with the approval

of the Treasury as to numbers and remuneration, he may determine.

(3) The remuneration and allowances of members of the Tribunal, the remuneration of

any staff and such other expenses of the Tribunal as the Secretary of State with the

approval of the Treasury may determine shall be paid out of money provided by

93 Words “The Copyright Tribunal has jurisdiction under this Part” inserted by SI 1996/2967 (replacing

original wording “The function of the Copyright Tribunal is”). Paragraphs (za) & (zb) added by the

Broadcasting Act 1996 and SI 1996/2967 respectively. Paragraphs (ca)and (cc) added by SI 2003/2498

and the Broadcasting Act 1990 respectively. Words “lending of certain works” inserted in paragraph (e)

by SI 1996/2967 (replacing original wording “rental of sound recording, film or computer program”).

Original paragraphs (g) and (h) deleted by SI 1996/2967.

Parliament.

148 Constitution for purposes of proceedings

(1) For the purposes of any proceedings the Copyright Tribunal shall consist of –

(a) a chairman, who shall be either the chairman or a deputy chairman of the

Tribunal, and

(b) two or more ordinary members.

(2) If the members of the Tribunal dealing with any matter are not unanimous, the

decision shall be taken by majority vote; and if, in such a case, the votes are equal the

chairman shall have a further, casting vote.

(3) Where part of any proceedings before the Tribunal has been heard and one or more

members of the Tribunal are unable to continue, the Tribunal shall remain duly

constituted for the purpose of those proceedings so long as the number of members

is not reduced to less than three.

(4) If the chairman is unable to continue, the chairman of the Tribunal shall –

(a) appoint one of the remaining members to act as chairman, and

(b) appoint a suitably qualified person to attend the proceedings and advise the

members on any questions of law arising.

(5) A person is "suitably qualified" for the purposes of subsection (4)(b) if he is, or is

eligible for appointment as, a deputy chairman of the Tribunal.

Jurisdiction and procedure

14993 Jurisdiction of the Tribunal

The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings

under –

(za) section 73(determination of royalty or other remuneration to be paid with

respect to re-transmission of broadcast including work);

(zb) section 93C (application to determine amount of equitable remuneration

under section 93B);

(a) section 118, 119, or 120 (reference of licensing scheme);

(b) section 121 or 122 (application with respect to entitlement to licence under

licensing scheme);

licensing body);

(ca) section 128B (reference by the Secretary of State under section 128A);

(cc) section 135D or 135E (application or reference with respect to use as of right

of sound recordings in broadcasts);

(d) section 139 (appeal against order as to coverage of licensing scheme or

licence);

(e) section 142 (application to settle royalty or other sum payable for lending of

certain works);

(f) section 144(4) (application to settle terms of copyright licence available as

of right);

94 See Annex V.

95 Revised s.150(2) substituted by the Arbitration Act 1996.

96 s.151A added by the Broadcasting Act 1996.

150 General power to make rules

(1) The Lord Chancellor may, after consultation with the Lord Advocate94, make rules

for regulating proceedings before the Copyright Tribunal and, subject to the approval

of the Treasury, as to the fees chargeable in respect of such proceedings.

(2)95 The rules may apply in relation to the Tribunal, as respects proceedings in England

and Wales or Northern Ireland, any of the provisions of Part I of the Arbitration Act

1996.

(3) Provision shall be made by the rules –

(a) prohibiting the Tribunal from entertaining a reference under section 118, 119

or 120 by a representative organisation unless the Tribunal is satisfied that the

organisation is reasonably representative of the class of persons which it claims

to represent;

(b) specifying the parties to any proceedings and enabling the Tribunal to make a

party to the proceedings any person or organisation satisfying the Tribunal that

they have a substantial interest in the matter; and

their case, in writing or orally as the rules may provide.

(4) The rules may make provision for regulating or prescribing any matters incidental to

or consequential upon any appeal from the Tribunal under section 152 (appeal to the

court on point of law).

(5) Rules 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.

151 Costs, proof of orders, &c

(1) The Copyright Tribunal may order that the costs of a party to proceedings before it

shall be paid by such other party as the Tribunal may direct; and the Tribunal may

tax or settle the amount of the costs, or direct in what manner they are to be taxed.

(2) A document purporting to be a copy of an order of the Tribunal and to be certified

by the chairman to be a true copy shall, in any proceedings, be sufficient evidence of

the order unless the contrary is proved.

(3) As respect proceedings in Scotland, the Tribunal has the like powers for securing the

attendance of witnesses and the production of documents, and with regard to the

examination of witnesses on oath, as an arbiter under a submission.

151A96 Award of interest

(1) Any of the following, namely –

(a) a direction under section 123(3) so far as relating to a licence for

communicating a work to the public;

(b) a direction under section 128(3) so far as so relating;

(d) an order under section 135F confirming or varying an order under section

135D(1),

may award simple interest at such rate and for such period, beginning not earlier than

the relevant date and ending not later than the date of the order, as the Copyright

Tribunal thinks reasonable in the circumstances.

97 Reference to section 166B inserted by Northern Ireland Act 1998 (replacing original reference to section

166).

(2) In this section “the relevant date” means –

(a) in relation to a direction under section 123(3), the date on which the reference

was made;

(b) in relation to a direction under section 128(3), the date on which the reference

or application was made;

payment under section 135C(2) became due; and

(d) in relation to an order under section 135F, the date on which the application

was made.

Appeals

152 Appeal to the court on point of law

(1) An appeal lies on any point of law arising from a decision of the Copyright Tribunal

to the High Court or, in the case of proceedings of the Tribunal in Scotland, to the

Court of Session.

(2) Provision shall be made by rules under section 150 limiting the time within which

an appeal may be brought.

(3) Provision may be made by rules under that section –

(a) for suspending, or authorising or requiring the Tribunal to suspend, the

operation of orders of the Tribunal in cases where its decision is appealed

against;

(b) for modifying in relation to an order of the Tribunal whose operation is

suspended the operation of any provision of this Act as to the effect of the

order;

persons affected by the suspension of an order of the Tribunal will be informed

of its suspension.

CHAPTER IX

QUALIFICATION FOR AND EXTENT OF COPYRIGHT PROTECTION

Qualification for copyright protection

153 Qualification for copyright protection

(1) Copyright does not subsist in a work unless the qualification requirements of this

Chapter are satisfied as regards –

(a) the author (see section 154), or

(b) the country in which the work was first published (see section 155), or

section 156).

(2) Subsection (1) does not apply in relation to Crown copyright or Parliamentary

168 (copyright of certain international organisations).

(3) If the qualification requirements of this Chapter, or section 163, 165 or 168, are once

satisfied in respect of a work, copyright does not cease to subsist by reason of any

subsequent event.

98 Entry in s.154(3) relating to s.12 revised by SI 1995/3297. s.154(5)(c) (cable programmes) deleted by

SI 2003/2408.

15498 Qualification by reference to author

(1) A work qualifies for copyright protection if the author was at the material time a

qualifying person, that is –

(a) a British citizen, a British Dependent Territories citizen, a British National

(Overseas), a British Overseas citizen, a British subject or a British protected

person within the meaning of the British Nationality Act 1981, or

(b) an individual domiciled or resident in the United Kingdom or another country

to which the relevant provisions of this Part extend, or

another country to which the relevant provisions of this Part extend.

(2) Where, or so far as, provision is made by Order under section 159 (application of this

Part to countries to which it does not extend), a work also qualifies for copyright

protection if at the material time the author was a citizen or subject of, an individual

domiciled or resident in, or a body incorporated under the law of, a country to which

the Order relates.

(3) A work of joint authorship qualifies for copyright protection if at the material time

any of the authors satisfies the requirements of subsection (1) or (2); but where a

work qualifies for copyright protection only under this section, only those authors

who satisfy those requirements shall be taken into account for the purposes of –

section 11(1) and (2) (first ownership of copyright; entitlement of author or author's

employer),

section 12 (duration of copyright), and section 9(4) (meaning of “unknown

authorship”) so far as it applies for the purposes of section 12, and

section 57 (anonymous or pseudonymous works: acts permitted on assumptions as

to expiry of copyright or death of author).

(4) The material time in relation to a literary, dramatic, musical or artistic work is –

(a) in the case of an unpublished work, when the work was made or, if the making

of the work extended over a period, a substantial part of that period;

(b) in the case of a published work, when the work was first published or, if the

author had died before that time, immediately before his death.

(5) The material time in relation to other descriptions of work is as follows –

(a) in the case of a sound recording or film, when it was made;

(b) in the case of a broadcast, when the broadcast was made;

[(c)]

(d) in the case of the typographical arrangement of a published edition, when the

edition was first published.

155 Qualification by reference to country of first publication

(1) A literary, dramatic, musical or artistic work, a sound recording or film, or the

typographical arrangement of a published edition, qualifies for copyright protection

if it is first published –

(a) in the United Kingdom, or

(b) in another country to which the relevant provisions of this Part extend.

(2) Where, or so far as, provision is made by Order under section 159 (application of this

Part to countries to which it does not extend), such a work also qualifies for copyright

protection if it is first published in a country to which the Order relates.

(3) For the purposes of this section, publication in one country shall not be regarded as

other than the first publication by reason of simultaneous publication elsewhere, and

for this purpose publication elsewhere within the previous 30 days shall be treated

as simultaneous.

156 Qualification by reference to place of transmission

(1) A broadcast qualifies for copyright protection if it is made from a place in –

(a) the United Kingdom, or

(b) another country to which the relevant provisions of this Part extend.

(2) Where, or so far as, provision is made by Order under section 159 (application of this

Part to countries to which it does not extend), a broadcast also qualifies for copyright

protection if it is made from a place in a country to which the Order relates.

Extent and application of this Part

157 Countries to which this Part extends

(1) This Part extends to England and Wales, Scotland and Northern Ireland.

(2) Her Majesty may by Order in Council direct that this Part shall extend, subject to

such exceptions and modifications as may be specified in the Order, to –

(a) any of the Channel Islands,

(b) the Isle of Man, or

(3) That power includes power to extend, subject to such exceptions and modifications

as may be specified in the Order, any Order in Council made under the following

provisions of this Chapter.

(4) The legislature of a country to which this Part has been extended may modify or add

to the provisions of this Part, in their operation as part of the law of that country, as

the legislature may consider necessary to adapt the provisions to the circumstances

of that country –

(a) as regards procedure and remedies, or

(b) as regards works qualifying for copyright protection by virtue of a connection

with that country.

(5) Nothing in this section shall be construed as restricting the extent of paragraph 36 of

Schedule 1 (transitional provisions: dependent territories where the Copyright Act

1956 or the Copyright Act 1911 remains in force) in relation to the law of a

dependent territory to which this Part does not extend.

158 Countries ceasing to be colonies

(1) The following provisions apply where a country to which this Part has been extended

ceases to be a colony of the United Kingdom.

(2) As from the date on which it ceases to be a colony it shall cease to be regarded as a

country to which this Part extends for the purposes of –

(a) section 160(2)(a) (denial of copyright protection to citizens of countries not

giving adequate protection to British works), and

(b) sections 163 and 165 (Crown and Parliamentary copyright).

(3) But it shall continue to be treated as a country to which this Part extends for the

purposes of sections 154 to 156 (qualification for copyright protection) until –

(a) an Order in Council is made in respect of that country under section 159

(application of this Part to countries to which it does not extend), or

(b) an Order in Council is made declaring that it shall cease to be so treated by

reason of the fact that the provisions of this Part as part of the law of that

country have been repealed or amended.

(4) A statutory instrument containing an Order in Council under subsection (3)(b) shall

be subject to annulment in pursuance of a resolution of either House of Parliament.

159 Application of this Part to countries to which it does not extend

(1) Her Majesty may by Order in Council make provision for applying in relation to a

country to which this Part does not extend any of the provisions of this Part specified

in the Order, so as to secure that those provisions –

(a) apply in relation to persons who are citizens or subjects of that country or are

domiciled or resident there, as they apply to persons who are British citizens

or are domiciled or resident in the United Kingdom, or

(b) apply in relation to bodies incorporated under the law of that country as they

apply in relation to bodies incorporated under the law of a part of the United

Kingdom, or

relation to works first published in the United Kingdom, or

(d) apply in relation to broadcasts made from that country as they apply in relation

to broadcasts made from the United Kingdom.

(2) An Order may make provision for all or any of the matters mentioned in subsection

(1) and may –

(a) apply any provisions of this Part subject to such exceptions and modifications

as are specified in the Order; and

(b) direct that any provisions of this Part apply either generally or in relation to

such classes of works, or other classes of case, as are specified in the Order.

(3) Except in the case of a Convention country or another member State of the European

Economic Community, Her Majesty shall not make an Order in Council under this

section in relation to a country unless satisfied that provision has been or will be

made under the law of that country, in respect of the class of works to which the

Order relates, giving adequate protection to the owners of copyright under this Part.

(4) In subsection (3) "Convention country" means a country which is a party to a

Convention relating to copyright to which the United Kingdom is also a party.

(5) A statutory instrument containing an Order in Council under this section shall he

subject to annulment in pursuance of a resolution of either House of Parliament.

160 Denial of copyright protection to citizens of countries not giving adequate

protection to British works

(1) If it appears to Her Majesty that the law of a country fails to give adequate protection

to British works to which this section applies, or to one or more classes of such

works, Her Majesty may make provision by Order in Council in accordance with this

section restricting the rights conferred by this Part in relation to works of authors

connected with that country.

(2) An Order in Council under this section shall designate the country concerned and

provide that, for the purposes specified in the Order, works first published after a date

specified in the Order shall not be treated as qualifying for copyright protection by

virtue of such publication if at that time the authors are –

(a) citizens or subjects of that country (not domiciled or resident in the United

Kingdom or another country to which the relevant provisions of this Part

extend), or

99 Reference to Merchant Shipping Act 1995 inserted by that Act (replacing original wording “Merchant

Shipping Acts (see section 2 of the Merchant Shipping Act 1988)”).

100 s.163(1A) added by Government of Wales Act 1998. In s.163(6), word “to” after “section 165" inserted

by the Scotland Act 1998 (replacing original word “and”), and reference to section 166B inserted by the

Northern Ireland Act 1998 (replacing original reference to section 166).

(b) bodies incorporated under the law of that country;

and the Order may make such provision for all the purposes of this Part or for such

purposes as are specified in the Order, and either generally or in relation to such class

of cases as are specified in the Order, having regard to the nature and extent of that

failure referred to in subsection (1).

(3) This section applies to literary, dramatic, musical and artistic works, sound

recordings and films; and "British works" means works of which the author was a

qualifying person at the material time within the meaning of section 154.

(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.

Supplementary

161 Territorial waters and the continental shelf

(1) For the purposes of this Part the territorial waters of the United Kingdom shall be

treated as part of the United Kingdom.

(2) This Part applies to things done in the United Kingdom sector of the continental shelf

on a structure or vessel which is present there for purposes directly connected with

the exploration of the sea bed or subsoil or the exploitation of their natural resources

as it applies to things done in the United Kingdom.

(3) The United Kingdom sector of the continental shelf means the areas designated by

order under section 1(7) of the Continental Shelf Act 1964.

162 British ships, aircraft and hovercraft

(1) This Part applies to things done on a British ship, aircraft or hovercraft as it applies

to things done in the United Kingdom.

(2) In this section –

"British ship" means a ship which is a British ship for the purposes of the Merchant

Shipping Act 199599 otherwise than by virtue of registration in a country outside

the United Kingdom; and

"British aircraft" and "British hovercraft" mean an aircraft or hovercraft registered

in the United Kingdom.

CHAPTER X

MISCELLANEOUS AND GENERAL

Crown and Parliamentary copyright

163100 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) For the purposes of this section, works made by Her Majesty include any sound

101 Words “Act of the Scottish Parliament” inserted by the Scotland Act 1998, and words “Act of the

Northern Ireland Assembly” inserted by Northern Ireland Act 1998.

102 See also Annex V.

recording, film or live broadcast of the proceedings of the National Assembly for

Wales (including proceedings of a committee of the Assembly or of a sub-committee

of such a committee) which is made by or under the direction or control of the

Assembly; but a work shall not be regarded as made by or under the direction or

control of the Assembly by reason only of its being commissioned by or on behalf of

the Assembly.

(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

(6) This section does not apply to a work if, or to the extent that, Parliamentary copyright

subsists in the work (see sections 165 to 166B).

164 Copyright in Acts and Measures

(1)101 Her Majesty is entitled to copyright in every Act of Parliament, Act of the Scottish

Parliament, Act of the Northern Ireland Assembly or Measure of the General Synod

of the Church of England.

(2) The copyright subsists from Royal Assent until the end of the period of 50 years from

the end of the calendar year in which Royal Assent was given.

(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.

165102 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 or 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

(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

Part apply in relation to copyright under this section as to other Parliamentary

(7) No other copyright, or right in the nature of copyright, subsists in a Bill after

103 ss.166A & 166B added by the Scotland Act 1998 and Northern Ireland Act 1998 respectively.

subsequent operation of this section in relation to a Bill which, not having passed in

one Session, is reintroduced in a subsequent Session.

166A103 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

Part apply in relation to copyright under this section as to other Parliamentary

(4) No other copyright, or right in the nature of copyright, subsists in a Bill after

subsequent operation of this section in relation to a Bill which, not having received

Royal Assent, is later reintroduced into the Parliament.

166B 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

Part apply in relation to copyright under this section as to other Parliamentary

(4) No other copyright, or right in the nature of copyright, subsists in a Bill after

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

100

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),

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

101

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

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.

171 Rights and privileges under other enactments or the common law

(1) 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;

(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.

(3) 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

Interpretation

172 General provisions as to construction

(1) This Part restates and amends the law of copyright, that is, the provisions of the

(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

102

104 s.172A added by SI 1995/3297. Revised title and revised s.172A(1) substituted by SI 1996/2967.

105 Reference to Education Act 1996 inserted by that Act (replacing original reference to Education Act

1944).

whether a provision of this Part departs from the previous law, or otherwise for

establishing the true construction of this Part.

172A104 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 incorporated 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.

173 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.

174 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 the Education

Act 1996105;

(b) in relation to Scotland, has the same meaning as in the Education (Scotland)

Act 1962, except that it includes an approved school within the meaning of the

Social Work (Scotland) Act 1968; 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.

103

(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.

175 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 communication 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 communication to the public of the work (otherwise than for the

purposes of an electronic retrieval system);

(i) the work being played or shown in public, or

(ii) the communication 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.

104

106 Words “the Scottish Administration or of” in the definition of “ Crown”, and words “of the Scottish

Parliament” in the definition of “parliamentary proceedings”, inserted by the Scotland Act 1998.

Definitions of “producer”, “public library” and “rental right” added by SI 1996/2967, and definitions of

“private study” and “wireless broadcast” inserted by SI 2003/2498. Words “, but does not ------ fixed

points” in the definition of “wireless telegraphy” added by SI 1996/2967.

176 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).

177 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.

178106 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 the Scottish Administration or of Her

105

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, electromagnetic, electro-chemical

or electromechanical 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

of the Scottish Parliament or of the European Parliament;

“private study” does not include any study which is directly or indirectly for a

commercial purpose;

“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;

“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;

the Education and Libraries (Northern Ireland) Order 1986;

"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;

"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;

"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,

106

107 s.179 has been amended in consequence of the Broadcasting Act 1990, SI 1992/3233, SI 1995/3297, SI

1996/2967, SI 1997/3032, the Scotland Act 1998, the Northern Ireland Act 1998, the Copyright

(Visually Impaired Persons) Act 2002, and SI 2003/2498.

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 –

(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

“wireless broadcast” means a broadcast by means of wireless telegraphy;

"wireless telegraphy" means the sending of electromagnetic energy over paths not

provided by a material substance constructed or arranged for that purpose, 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.

179107 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) –

accessible copy section 31F(3)

account of profits and accounts section 177

(in Scotland)

acts restricted by copyright section 16(1)

adaptation section 21(3)

approved body section 31B(12)

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

collective work section 178

commencement (in Schedule 1) paragraph 1(2) of that Schedule

commercial publication section 175

communication to the public section 20

computer-generated section 178

copy and copying section 17

107

costs (in Scotland) section 177

country section 178

country of origin section 15A

the Crown section 178

Crown copyright sections 163(2) and 164(3)

database section 3A(1)

defendant (in Scotland) section 177

delivery up (in Scotland) section 177

dramatic work section 3(1)

EEA, EEA national and EEA state section 172A

educational establishment sections 174(1) to 174(4)

electronic and electronic form section 178

employed, employee, employer and section 178

employment

excepted sound recording section 72(1A)

exclusive licence section 92(1)

existing works (in Schedule 1) paragraph 1(3) of that Schedule

facsimile copy section 178

film section 5B

future copyright section 91(2)

general licence (in sections 140 section 140(7)

and 141)

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 section 18

joint authorship (work of) sections 10(1) and 10(2)

judicial proceedings section 178

lawful user (in section 50A to 50C) section 50A(2)

lending section 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 section 3(2)

or musical work)

musical work section 3(1)

needletime section 135A

the new copyright provisions paragraph 1(1) of that Schedule

(in Schedule 1)

the 1911 Act (in Schedule 1) paragraph 1(1) of that Schedule

the 1956 Act (in Schedule 1) paragraph 1(1) of that Schedule

108

on behalf of (in relation to an section 174(5)

educational establishment)

original (in relation to a database) section 3A(2)

Parliamentary copyright sections 165(2) and 165(7),

166(6), 166A(3) and 166B(3)

parliamentary proceedings section 178

performance section 19(2)

photograph section 4(2)

plaintiff (in Scotland) section 177

prescribed conditions (in sections 38 section 37(1)(b)

to 43)

prescribed library or archive (in sections section 37(1)(a)

38 to 43)

private study section 178

producer (in relation to a sound section 178

recording or film)

programme (in the context of section 6(3)

broadcasting)

prospective owner (of copyright) section 91(2)

publication and related expressions section 175

public library section 178

published edition (in the context of section 8

arrangement)

pupil section 174(5)

rental section 18A(2) to (6)

rental right section 178

reprographic copies and reprographic section 178

copying

reprographic process section 178

sculpture section 4(2)

signed section 176

sound recording sections 5A and 135A

sufficient acknowledgement section 178

sufficient disclaimer section 178

teacher section 174(5)

terms of payment section 135A

telecommunications system section 178

typeface section 178

unauthorised (as regards things section 178

done in relation to a work)

unknown (in relation to the author section 9(5)

of a work)

unknown authorship (work of) section 9(4)

visually impaired person section 31F(9)

wireless broadcast section 178

wireless telegraphy section 178

work (in Schedule 1) paragraph 2(1) of that Schedule

work of more than one author section 116(4)

(in Chapter VII)

writing and written section 178

109

108 Revised s.182 substituted by SI 1996/2967. s.182(2) deleted by SI 2003/2498.

PART II

RIGHTS IN PERFORMANCES

Introductory

180 Rights conferred on performers and persons having recording rights

(1) This Part confers rights –

(a) on a performer, by requiring his consent to the exploitation of his performances

(see sections 181 to 184), and

(b) on a person having recording rights in relation to a performance, in relation to

recordings made without his consent or that of the performer (see sections 185

to 188),

and creates offences in relation to dealing with or using illicit recordings and certain

other related acts (see sections 198 and 201).

(2) In this Part –

"performance" means –

(a) a dramatic performance (which includes dance and mime),

(b) a musical performance,

(d) a performance of a variety act or any similar presentation,

which is, or so far as it is, a live performance given by one or more individuals;

and

"recording", in relation to a performance, means a film or sound recording –

(a) made directly from the live performance,

(b) made from a broadcast of the performance, or

(3) The rights conferred by this Part apply in relation to performances taking place

before the commencement of this Part; but no act done before commencement, or in

pursuance of arrangements made before commencement, shall be regarded as

infringing those rights.

(4) The rights conferred by this Part are independent of –

(a) any copyright in, or moral rights relating to, any work performed or any film

or sound recording of, or broadcast including, the performance, and

(b) any other right or obligation arising otherwise than under this Part.

Performers' rights

181 Qualifying performances

A performance is a qualifying performance for the purposes of the provisions of this Part

relating to performers' rights if it is given by a qualifying individual (as defined in section

206) or takes place in a qualifying country (as so defined).

182108 Consent required for recording, &c. of live performance

(1) A performer's rights are infringed by a person who, without his consent –

(a) makes a recording of the whole or any substantial part of a qualifying

performance directly from the live performance,

(b) broadcasts live the whole or any substantial part of a qualifying performance,

110

109 ss.182A-D added by SI 1996/2967. Words “, otherwise than for his private and domestic use,” in

s.182A(1) deleted, and s.182A(1A) added, by SI 2003/2498.

performance directly from a broadcast of the live performance.

[(2)]

(3) In an action for infringement of a performer's rights brought by virtue of this section

damages shall not be awarded against a defendant who shows that at the time of the

infringement he believed on reasonable grounds that consent had been given.

182A109 Consent required for copying of recording

(1) A performer’s rights are infringed by a person who, without his consent, makes [---]

a copy of a recording of the whole or any substantial part of a qualifying

performance.

(1A) In subsection (1), making a copy of a recording includes making a copy which is

transient or is incidental to some other use of the original recording.

(2) It is immaterial whether the copy is made directly or indirectly.

(3) The right of a performer under this section to authorise or prohibit the making of

such copies is referred to in this Part as “reproduction right”.

182B Consent required for issue of copies to public

(1) A performer’s rights are infringed by a person who, without his consent, issues to the

public copies of a recording of the whole or any substantial part of a qualifying

performance.

(2) References in this Part to the issue to the public of copies of a recording are to –

(a) the act of putting into circulation in the EEA copies not previously put into

circulation in the EEA by or with the consent of the performer, or

(b) the act of putting into circulation outside the EEA copies not previously put

into circulation in the EEA or elsewhere.

(3) References in this Part to the issue to the public of copies of a recording do not

include—

(a) any subsequent distribution, sale, hiring or loan of copies previously put into

circulation (but see section 182C: consent required for rental or lending), or

(b) any subsequent importation of such copies into the United Kingdom or another

EEA state,

except so far as paragraph (a) of subsection (2) applies to putting into circulation in

the EEA copies previously put into circulation outside the EEA.

(4) References in this Part to the issue of copies of a recording of a performance include

the issue of the original recording of the live performance.

(5) The right of a performer under this section to authorise or prohibit the issue of copies

to the public is referred to in this Part as “distribution right”.

182C Consent required for rental or lending of copies to public

(1) A performer’s rights are infringed by a person who, without his consent, rents or

lends to the public copies of a recording of the whole or any substantial part of a

qualifying performance.

(2) In this Part, subject to the following provisions of this section –

(a) “rental” means making a copy of a recording available for use, on terms that

it will or may be returned, for direct or indirect economic or commercial

111

110 Added by SI 2003/2498.

111 Revised s.182D(1)(b) substituted by SI 2003/2498.

advantage, and

(b) “lending” means making a copy of a recording available for use, on terms that

it will or may be returned, otherwise than for direct or indirect economic or

commercial advantage, through an establishment which is accessible to the

public.

(3) The expressions “rental” and “lending” do not include –

(a) making available for the purpose of public performance, playing or showing

in public or communication to the public;

(b) making available for the purpose of exhibition in public; or

(4) The expression “lending” does not include making available between establishments

which are accessible to the public.

(5) Where lending by an establishment accessible to the public gives rise to a payment

the amount of which does not go beyond what is necessary to cover the operating

costs of the establishment, there is no direct or indirect economic or commercial

advantage for the purposes of this section.

(6) References in this Part to the rental or lending of copies of a recording of a

performance include the rental or lending of the original recording of the live

performance.

(7) In this Part –

“rental right” means the right of a performer under this section to authorise or

prohibit the rental of copies to the public, and

“lending right” means the right of a performer under this section to authorise or

prohibit the lending of copies to the public.

182CA110 Consent required for making available to the public

(1) A performer's rights are infringed by a person who, without his consent, makes

available to the public a recording of the whole or any substantial part of a qualifying

performance by electronic transmission in such a way that members of the public

may access the recording from a place and at a time individually chosen by them.

(2) The right of a performer under this section to authorise or prohibit the making

available to the public of a recording is referred to in this Part as "making available

right.”

182D Right to equitable remuneration for exploitation of sound recording

(1) Where a commercially published sound recording of the whole or any substantial part

of a qualifying performance –

(a) is played in public, or

(b)111 is communicated to the public otherwise than by its being made available to

the public in the way mentioned in section 182CA(1),

the performer is entitled to equitable remuneration from the owner of the copyright

in the sound recording.

(2) The right to equitable remuneration under this section may not be assigned by the

performer except to a collecting society for the purpose of enabling it to enforce the

right on his behalf.

The right is, however, transmissible by testamentary disposition or by operation of

law as personal or moveable property; and it may be assigned or further transmitted

112

by any person into whose hands it passes.

(3) The amount payable by way of equitable remuneration is as agreed by or on behalf

of the persons by and to whom it is payable, subject to the following provisions.

(4) In default of agreement as to the amount payable by way of equitable remuneration,

the person by or to whom it is payable may apply to the Copyright Tribunal to

determine the amount payable.

(5) A person to or by whom equitable remuneration is payable may also apply to the

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Tribunal as to that matter;

but except with the special leave of the Tribunal no such application may be made

within twelve months from the date of a previous determination.

An order made on an application under this subsection has effect from the date on

which it is made or such later date as may be specified by the Tribunal.

(6) On an application under this section the Tribunal shall consider the matter and make

such order as to the method of calculating and paying equitable remuneration as it

may determine to be reasonable in the circumstances, taking into account the

importance of the contribution of the performer to the sound recording.

(7) An agreement is of no effect in so far as it purports –

(a) to exclude or restrict the right to equitable remuneration under this section, or

(b) to prevent a person questioning the amount of equitable remuneration or to

restrict the powers of the Copyright Tribunal under this section.

183 Infringement of performer’s rights by use of recording made without consent

A performer's rights are infringed by a person who, without his consent –

(a) shows or plays in public the whole or any substantial part of a qualifying

performance, or

(b) communicates to the public the whole or any substantial part of a qualifying

performance,

by means of a recording which was, and which that person knows or has reason to believe

was, made without the performer's consent.

184 Infringement of performer’s rights by importing, possessing or dealing with

illicit recording

(1) A performer's rights are infringed by a person who, without his consent –

(a) imports into the United Kingdom otherwise than for his private and domestic

use, or

(b) in the course of a business possesses, sells or lets for hire, offers or exposes for

sale or hire, or distributes,

a recording of a qualifying performance which is, and which that person knows or

has reason to believe is, an illicit recording.

(2) Where in an action for infringement of a performer's rights brought by virtue of this

section a defendant shows that the illicit recording was innocently acquired by him

or a predecessor in title of his, the only remedy available against him in respect of the

infringement is damages not exceeding a reasonable payment in respect of the act

complained of.

(3) In subsection (2) "innocently acquired" means that the person acquiring the recording

did not know and had no reason to believe that it was an illicit recording.

113

112 Words “, otherwise than for his private and domestic use” deleted by SI 2003/2498.

Rights of person having recording rights

185 Exclusive recording contracts and persons having recording rights

(1) In this Part an "exclusive recording contract" means a contract between a performer

and another person under which that person is entitled to the exclusion of all other

persons (including the performer) to make recordings of one or more of his

performances with a view to their commercial exploitation.

(2) References in this Part to a "person having recording rights", in relation to a

performance, are (subject to subsection (3)) to a person –

(a) who is party to and has the benefit of an exclusive recording contract to which

the performance is subject, or

(b) to whom the benefit of such a contract has been assigned,

and who is a qualifying person.

(3) If a performance is subject to an exclusive recording contract but the person

mentioned in subsection (2) is not a qualifying person, references in this Part to a

"person having recording rights" in relation to the performance are to any person –

(a) who is licensed by such a person to make recordings of the performance with

a view to their commercial exploitation, or

(b) to whom the benefit of such a licence has been assigned,

and who is a qualifying person.

(4) In this section "with a view to commercial exploitation" means with a view to the

recordings being sold or let for hire, or shown or played in public.

186 Consent required for recording of performance subject to exclusive contract

(1) A person infringes the rights of a person having recording rights in relation to a

performance who, without his consent or that of the performer, makes a recording of

the whole or any substantial part of the performance [---]112.

(2) In an action for infringement of those rights brought by virtue of this section damages

shall not be awarded against a defendant who shows that at the time of the

infringement he believed on reasonable grounds that consent had been given.

187 Infringement of recording rights by use of recording made without consent

(1) A person infringes the rights of a person having recording rights in relation to a

performance who, without his consent or, in the case of a qualifying performance,

that of the performer –

(a) shows or plays in public the whole or any substantial part of the performance,

(b) communicates to the public the whole or any substantial part of the

performance,

by means of a recording which was, and which that person knows or has reason to

believe was, made without the appropriate consent.

(2) The reference in subsection (1) to "the appropriate consent" is to the consent of –

(a) the performer, or

(b) the person who at the time the consent was given had recording rights in

relation to the performance (or, if there was more than one such person, of all

of them).

114

113 Revised s.190(1) substituted, references in s.190(2) & 6 to “the person entitled to the reproduction right”

inserted (replacing original words “the performer”), and s.190(4) deleted, by SI 1996/2967.

188 Infringement of recording rights by importing, possessing or dealing with illicit

recording

(1) A person infringes the rights of a person having recording rights in relation to a

performance who, without his consent or, in the case of a qualifying performance,

that of the performer –

(a) imports into the United Kingdom otherwise than for his private and domestic

use, or

(b) in the course of a business possesses, sells or lets for hire, offers or exposes for

sale or hire, or distributes,

a recording of the performance which is, and which that person knows or has reason

to believe is, an illicit recording.

(2) Where in an action for infringement of those rights brought by virtue of this section

a defendant shows that the illicit recording was innocently acquired by him or a

predecessor in title of his, the only remedy available against him in respect of the

infringement is damages not exceeding a reasonable payment in respect of the act

complained of.

(3) In subsection (2) "innocently acquired" means that the person acquiring the recording

did not know and had no reason to believe that it was an illicit recording.

Exceptions to rights conferred

189 Acts permitted notwithstanding rights conferred by this Part

The provisions of Schedule 2 specify acts which may be done notwithstanding the rights

conferred by this Part, being acts which correspond broadly to certain of those specified

in Chapter III of Part I (acts permitted notwithstanding copyright).

190113 Power of tribunal to give consent on behalf of performer in certain cases

(1) The Copyright Tribunal may, on the application of a person wishing to make a copy

of a recording of a performance, give consent in a case where the identity or

whereabouts of the person entitled to the reproduction right cannot be ascertained by

reasonable inquiry.

(2) Consent given by the Tribunal has effect as consent of the person entitled to the

reproduction right for the purposes of –

(a) the provisions of this Part relating to performers' rights, and

(b) section 198(3)(a) (criminal liability: sufficient consent in relation to qualifying

performances),

and may be given subject to any conditions specified in the Tribunal's order.

(3) The Tribunal shall not give consent under subsection (1)(a) except after the service

or publication of such notices as may be required by rules made under section 150

(general procedural rules) or as the Tribunal may in any particular case direct.

[(4)]

(5) In any case the Tribunal shall take into account the following factors –

(a) whether the original recording was made with the performer's consent and is

lawfully in the possession or control of the person proposing to make the

further recording;

(b) whether the making of the further recording is consistent with the obligations

of the parties to the arrangements under which, or is otherwise consistent with

the purposes for which, the original recording was made.

115

114 Revised s.191, substituted by SI 1995/3297.

115 ss. 191A-J & 191K-M added by SI 1996/2967. Reference to “making available right” in s.191A(1)

added by SI 2003/2498.

(6) Where the Tribunal gives consent under this section it shall, in default of agreement

between the applicant and the person entitled to the reproduction right, make such

order as it thinks fit as to the payment to be made to that person in consideration of

consent being given.

Duration of rights

191114 Duration of rights

(1) The following provisions have effect with respect to the duration of the rights

conferred by this Part.

(2) The rights conferred by this Part in relation to a performance expire –

(a) at the end of the period of 50 years from the end of the calendar year in which

the performance takes place, or

(b) if during that period a recording of the performance is released, 50 years from

the end of the calendar year in which it is released,

subject as follows.

(3) For the purposes of subsection (2) a recording is “released” when it is first published,

played or shown in public or communicated to the public; but in determining whether

a recording has been released no account shall be taken of any unauthorised act.

(4) Where a performer is not a national of an EEA state, the duration of rights conferred

by this Part in relation to his performance is that to which the performance is entitled

in the country of which he is a national, provided that does not exceed the period

which would apply under subsections (2) and (3).

(5) If or to the extent that the application of subsection (4) would be at variance with an

international obligation to which the United Kingdom became subject prior to 29th

October 1993, the duration of the rights conferred by this Part shall be as specified

in subsections (2) and (3).

Performers’ property rights 115

191A Performers’ property rights

(1) The following rights conferred by this Part on a performer –

reproduction right (section 182A),

distribution right (section 182B),

rental right and lending right (section 182C),

making available right (section 182CA),

are property rights (“a performer’s property rights”).

(2) References in this Part to the consent of the performer shall be construed in relation

to a performer’s property rights as references to the consent of the rights owner.

(3) Where different persons are (whether in consequence of a partial assignment or

otherwise) entitled to different aspects of a performer’s property rights in relation to

a performance, the rights owner for any purpose of this Part is the person who is

entitled to the aspect of those rights relevant for that purpose.

(4) Where a performer’s property rights (or any aspect of them) is owned by more than

one person jointly, references in this Part to the rights owner are to all the owners, so

that, in particular, any requirement of the licence of the rights owner requires the

licence of all of them.

116

191B Assignment and licences

(1) A performer’s property rights are transmissible by assignment, by testamentary

disposition or by operation of law, as personal or moveable property.

(2) An assignment or other transmission of a performer’s property rights may be partial,

that is, limited so as to apply –

(a) to one or more, but not all, of the things requiring the consent of the rights

owner;

(b) to part, but not the whole, of the period for which the rights are to subsist.

(3) An assignment of a performer’s property rights is not effective unless it is in writing

signed by or on behalf of the assignor.

(4) A licence granted by the owner of a performer’s property rights is binding on every

successor in title to his interest in the rights, except a purchaser in good faith for

valuable consideration and without notice (actual or constructive) of the licence or

a person deriving title from such a purchaser; and references in this Part to doing

anything with, or without, the licence of the rights owner shall be construed

accordingly.

191C Prospective ownership of a performer’s property rights

(1) This section applies where by an agreement made in relation to a future recording of

a performance, and signed by or on behalf of the performer, the performer purports

to assign his performer’s property rights (wholly or partially) to another person.

(2) If on the rights coming into existence the assignee or another person claiming under

him would be entitled as against all other persons to require the rights to be vested

in him, they shall vest in the assignee or his successor in title by virtue of this

subsection.

(3) A licence granted by a prospective owner of a performer’s property rights is binding

on every successor in title to his interest (or prospective interest) in the rights, except

a purchaser in good faith for valuable consideration and without notice (actual or

constructive) of the licence or a person deriving title from such a purchaser.

References in this Part to doing anything with, or without, the licence of the rights

owner shall be construed accordingly.

(4) In subsection (3) “prospective owner” in relation to a performer’s property rights

means a person who is prospectively entitled to those rights by virtue of such an

agreement as is mentioned in subsection (1).

191D Exclusive licences

(1) In this Part an "exclusive licence" means a licence in writing signed by or on behalf

of the owner of a performer’s property rights authorising the licensee to the exclusion

of all other persons, including the person granting the licence, to do anything

requiring the consent of the rights owner.

(2) The licensee under an exclusive licence has the same rights against a successor in

title who is bound by the licence as he has against the person granting the licence.

191E Performer’s property right to pass under will with unpublished original

recording

Where under a bequest (whether general or specific) a person is entitled beneficially or

otherwise to any material thing containing an original recording of a performance which

was not published before the death of the testator, the bequest shall, unless a contrary

intention is indicated in the testator's will or a codicil to it, be construed as including any

117

performer’s rights in relation to the recording to which the testator was entitled

immediately before his death.

191F Presumption of transfer of rental right in case of film production agreement

(1) Where an agreement concerning film production is concluded between a performer

and a film producer, the performer shall be presumed, unless the agreement provides

to the contrary, to have transferred to the film producer any rental right in relation to

the film arising from the inclusion of a recording of his performance in the film.

(2) Where this section applies, the absence of signature by or on behalf of the performer

does not exclude the operation of section 191C (effect of purported assignment of

future rights).

(3) The reference in subsection (1) to an agreement concluded between a performer and

a film producer includes any agreement having effect between those persons, whether

made by them directly or through intermediaries.

(4) Section 191G (right to equitable remuneration on transfer of rental right) applies

where there is a presumed transfer by virtue of this section as in the case of an actual

transfer.

191G Right to equitable remuneration where rental right transferred

(1) Where a performer has transferred his rental right concerning a sound recording or

a film to the producer of the sound recording or film, he retains the right to equitable

remuneration for the rental.

The reference above to the transfer of rental right by one person to another includes

any arrangement having that effect, whether made by them directly or through

intermediaries.

(2) The right to equitable remuneration under this section may not be assigned by the

performer except to a collecting society for the purpose of enabling it to enforce the

right on his behalf.

The right is, however, transmissible by testamentary disposition or by operation of

law as personal or moveable property; and it may be assigned or further transmitted

by any person into whose hands it passes.

(3) Equitable remuneration under this section is payable by the person for the time being

entitled to the rental right, that is, the person to whom the right was transferred or any

successor in title of his.

(4) The amount payable by way of equitable remuneration is as agreed by or on behalf

of the persons by and to whom it is payable, subject to section 191H (reference of

amount to Copyright Tribunal).

(5) An agreement is of no effect in so far as it purports to exclude or restrict the right to

equitable remuneration under this section.

(6) In this section a “collecting society” means a society or other organisation which has

as its main object, or one of its main objects, the exercise of the right to equitable

remuneration on behalf of more than one performer.

191H Equitable remuneration: reference of amount to Copyright Tribunal

(1) In default of agreement as to the amount payable by way of equitable remuneration

under section 191G, the person by or to whom it is payable may apply to the

(2) A person to or by whom equitable remuneration is payable may also apply to the

(a) to vary any agreement as to the amount payable, or

118

116 Added by SI 2003/2498.