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Copyright, Designs and Patents Act 1988 (c. 48)

(The document as of February, 2008)

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Copyright, Designs and Patents Act 1988

1988 CHAPTER 48

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Copyright

    1. Chapter I

      Subsistence, Ownership and Duration of Copyright

      1. Introductory

        1. 1. Copyright and copyright works.

        2. 2. Rights subsisting in copyright works.

      2. Descriptions of work and related provisions

        1. 3. Literary, dramatic and musical works.

        2. 4. Artistic works.

        3. 5. Sound recordings and films.

        4. 6. Broadcasts.

        5. 7. Cable programmes.

        6. 8. Published editions.

      3. Authorship and ownership of copyright

        1. 9. Authorship of work.

        2. 10. Works of joint authorship.

        3. 11. First ownership of copyright.

      4. Duration of copyright

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

        2. 13. Duration of copyright in sound recordings and films.

        3. 14. Duration of copyright in broadcasts and cable programmes.

        4. 15. Duration of copyright in typographical arrangement of published editions.

    2. Chapter II

      Rights of Copyright Owner

      1. 16. The acts restricted by copyright in a work.

      2. 17. Infringement of copyright by copying.

      3. 18. Infringement by issue of copies to the public.

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

      5. 20. Infringement by broadcasting or inclusion in a cable programme service.

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

      7. Secondary infringement of copyright

        1. 22. Secondary infringement: importing infringing copy.

        2. 23. Secondary infringement: possessing or dealing with infringing copy.

        3. 24. Secondary infringement: providing means for making infringing copies.

        4. 25. Secondary infringement: permitting use of premises for infringing performance.

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

      8. Infringing copies

        1. 27. Meaning of "infringing copy".

    3. Chapter III

      Acts Permitted in Relation to Copyright Works

      1. Introductory

        1. 28. Introductory provisions.

      2. General

        1. 29. Research and private study.

        2. 30. Criticism, review and news reporting.

        3. 31. Incidental inclusion of copyright material.

      3. Education

        1. 32. Things done for purposes of instruction or examination.

        2. 33. Anthologies for educational use.

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

        4. 35. Recording by educational establishments of broadcasts and cable programmes.

        5. 36. Reprographic copying by educational establishments of passages from published works.

      4. Libraries and archives

        1. 37. Libraries and archives: introductory.

        2. 38. Copying by librarians: articles in periodicals.

        3. 39. Copying by librarians: parts of published works.

        4. 40. Restriction on production of multiple copies of the same material.

        5. 41. Copying by librarians: supply of copies to other libraries.

        6. 42. Copying by librarians or archivists: replacement copies of works.

        7. 43. Copying by librarians or archivists: certain unpublished works.

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

      5. Public administration

        1. 45. Parliamentary and judicial proceedings.

        2. 46. Royal Commissions and statutory inquiries.

        3. 47. Material open to public inspection or on official register.

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

        5. 49. Public records.

        6. 50. Acts done under statutory authority.

      6. Designs

        1. 51. Design documents and models.

        2. 52. Effect of exploitation of design derived from artistic work.

        3. 53. Things done in reliance on registration of design.

      7. Typefaces

        1. 54. Use of typeface in ordinary course of printing.

        2. 62. Representation of certain artistic works on public display.

        3. 63. Advertisement of sale of artistic work.

        4. 64. Making of subsequent works by same artist.

        5. 65. Reconstruction of buildings.

      8. Miscellaneous: sound recordings, films and computer programs

        1. 66. Rental of sound recordings, films and computer programs.

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

      9. Miscellaneous: broadcasts and cable programmes

        1. 68. Incidental recording for purposes of broadcast or cable programme.

        2. 69. Recording for purposes of supervision and control of broadcasts and cable programmes.

        3. 70. Recording for purposes of time-shifting.

        4. 71. Photographs of television broadcasts or cable programmes.

        5. 72. Free public showing or playing of broadcast or cable programme.

        6. 73. Reception and re-transmission of broadcast in cable programme service.

        7. 74. Provision of sub-titled copies of broadcast or cable programme.

        8. 75. Recording for archival purposes.

      10. Adaptations

        1. 76. Adaptations.

    4. Chapter IV

      Moral rights

      1. Right to be identified as author or director

        1. 77. Right to be identified as author or director.

        2. 78. Requirement that right be asserted.

        3. 79. Exceptions to right.

      2. Right to object to derogatory treatment of work

        1. 80. Right to object to derogatory treatment of work.

        2. 81. Exceptions to right.

        3. 82. Qualification of right in certain cases.

        4. 83. Infringement of right by possessing or dealing with infringing article.

      3. False attribution of work

        1. 84. False attribution of work.

      4. Right to privacy of certain photographs and films

        1. 85. Right to privacy of certain photographs and films.

      5. Supplementary

        1. 86. Duration of rights.

        2. 87. Consent and waiver of rights.

        3. 88. Application of provisions to joint works.

        4. 89. Application of provisions to parts of works.

    5. Chapter V

      Dealings With Rights in Copyright Works

      1. Copyright

        1. 90. Assignment and licences.

        2. 91. Prospective ownership of copyright.

        3. 92. Exclusive licences.

        4. 93. Copyright to pass under will with unpublished work.

      2. Moral rights

        1. 94. Moral rights not assignable.

        2. 95. Transmission of moral rights on death.

    6. Chapter VI

      Remedies for Infringement

      1. Rights and remedies of copyright owner

        1. 96. Infringement actionable by copyright owner.

        2. 97. Provisions as to damages in infringement action.

        3. 98. Undertaking to take licence of right in infringement proceedings.

        4. 99. Order for delivery up.

        5. 100. Right to seize infringing copies and other articles.

      2. Rights and remedies of exclusive licensee

        1. 101. Rights and remedies for exclusive licensee.

        2. 102. Exercise of concurrent rights.

      3. Remedies for infringement of moral rights

        1. 103. Remedies for infringement of moral rights.

      4. Presumptions

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

        2. 105. Presumptions relevant to sound recordings, films and computer programs.

        3. 106. Presumptions relevant to works subject to Crown copyright.

      5. Offences

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

        2. 108. Order for delivery up in criminal proceedings.

        3. 109. Search warrants.

        4. 110. Offence by body corporate: liability of officers.

      6. Provision for preventing importation of infringing copies

        1. 111. Infringing copies may be treated as prohibited goods.

        2. 112. Power of Commissioners of Customs and Excise to make regulations.

      7. Supplementary

        1. 113. Period after which remedy of delivery up not available.

        2. 114. Order as to disposal of infringing copy or other article.

        3. 115. Jurisdiction of county court and sheriff court.

    7. Chapter VII

      Copyright Licensing

      1. Licensing schemes and licensing bodies

        1. 116. Licensing schemes and licensing bodies.

      2. References and applications with respect to licensing schemes

        1. 117. Licensing schemes to which ss. 118 to 123 apply.

        2. 118. Reference of proposed licensing scheme to tribunal.

        3. 119. Reference of licensing scheme to tribunal.

        4. 120. Further reference of scheme to tribunal.

        5. 121. Application for grant of licence in connection with licensing scheme.

        6. 122. Application for review of order as to entitlement to licence.

        7. 123. Effect of order of tribunal as to licensing scheme.

      3. References and applications with respect to licensing by licensing bodies

        1. 124. Licences to which ss. 125 to 128 apply.

        2. 125. Reference to tribunal of proposed licence.

        3. 126. Reference to tribunal of expiring licence.

        4. 127. Application for review of order as to licence.

        5. 128. Effect of order of tribunal as to licence.

      4. Factors to be taken into account in certain classes of case

        1. 129. General considerations: unreasonable discrimination.

        2. 130. Licences for reprographic copying.

        3. 131. Licences for educational establishments in respect of works included in broadcasts or cable programmes.

        4. 132. Licences to reflect conditions imposed by promoters of events.

        5. 133. Licences to reflect payments in respect of underlying rights.

        6. 134. Licences in respect of works included in re-transmissions.

        7. 135. Mention of specific matters not to exclude other relevant considerations.

      5. Implied indemnity in schemes or licences for reprographic copying

        1. 136. Implied indemnity in certain schemes and licences for reprographic copying.

      6. Reprographic copying by educational establishments

        1. 137. Power to extend coverage of scheme or licence.

        2. 138. Variation or discharge of order extending scheme or licence.

        3. 139. Appeals against orders.

        4. 140. Inquiry whether n

    8. Chapter VIII

      The Copyright Tribunal

      1. The tribunal

        1. 145. The Copyright Tribunal.

        2. 146. Membership of the tribunal.

        3. 147. Financial provisions.

        4. 148. Constitution for purposes of proceedings.

      2. Jurisdiction and procedure

        1. 149. Jurisdiction of the tribunal.

        2. 150. General power to make rules.

        3. 151. Costs, proof of orders, &c.

      3. Appeals

        1. 152. Appeal to the court on point of law.

    9. Chapter IX

      Qualification for and Extent of Copyright Protection

      1. Qualification for copyright protection

        1. 153. Qualification for copyright protection.

        2. 154. Qualification by reference to author.

        3. 155. Qualification by reference to country of first publication.

        4. 156. Qualification by reference to place of transmission.

      2. Extent and application of this Part

        1. 157. Countries to which this Part extends.

        2. 158. Countries ceasing to be colonies.

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

        4. 160. Denial of copyright protection to citizens of countries not giving adequate protection to British works.

      3. Supplementary

        1. 161. Territorial waters and the continental shelf.

        2. 162. British ships, aircraft and hovercraft.

    10. Chapter X

      Miscellaneous and General

      1. Crown and Parliamentary copyright

        1. 163. Crown copyright.

        2. 164. Copyright in Acts and Measures.

        3. 165. Parliamentary copyright.

        4. 166. Copyright in Parliamentary Bills.

        5. 167. Houses of Parliament: supplementary provisions with respect to copyright.

      2. Other miscellaneous provisions

        1. 168. Copyright vesting in certain international organisations.

        2. 169. Folklore, &c.: anonymous unpublished works.

      3. Transitional provisions and savings

        1. 170. Transitional provisions and savings.

        2. 171. Rights and privileges under other enactments or the common law.

      4. Interpretation

        1. 172. General provisions as to construction.

        2. 173. Construction of references to copyright owner.

        3. 174. Meaning of "educational establishment" and related expressions.

        4. 175. Meaning of publication and commercial publication.

        5. 176. Requirement of signature: application in relation to body corporate.

        6. 177. Adaptation of expressions for Scotland.

        7. 178. Minor definitions.

        8. 179. Index of defined expressions.

  2. Part II

    Rights in Performances

    1. Introductory

      1. 180. Rights conferred on performers and persons having recording rights.

    2. Performers' rights

      1. 181. Qualifying performances.

      2. 182. Consent required for recording or live transmission of performance.

      3. 183. Infringement of performer's rights by use of recording made without consent.

      4. 184. Infringement of performer's rights by importing, possessing or dealing with illicit recording.

    3. Rights of person having recording rights

      1. 185. Exclusive recording contracts and persons having recording rights.

      2. 186. Consent required for recording of performance subject to exclusive contract.

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

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

    4. Exceptions to rights conferred

      1. 189. Acts permitted notwithstanding rights conferred by this Part.

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

    5. Duration and transmission of rights; consent

      1. 191. Duration of rights.

      2. 192. Transmission of rights.

      3. 193. Consent.

    6. Remedies for infringement

      1. 194. Infringement actionable as breach of statutory duty.

      2. 195. Order for delivery up.

      3. 196. Right to seize illicit recordings.

      4. 197. Meaning of "illicit recording".

    7. Offences

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

      2. 199. Order for delivery up in criminal proceedings.

      3. 200. Search warrants.

      4. 201. False representation of authority to give consent.

      5. 202. Offence by body corporate: liability of officers.

    8. Supplementary provisions with respect to delivery up and seizure

      1. 203. Period after which remedy of delivery up not available.

      2. 204. Order as to disposal of illicit recording.

  3. Part III

    Design Right

    1. Chapter I

      Design Right in Original Designs

      1. Introductory

        1. 213. Design right.

        2. 214. The designer.

        3. 215. Ownership of design right.

        4. 216. Duration of design right.

      2. Qualification for design right protection

        1. 217. Qualifying individuals and qualifying persons.

        2. 218. Qualification by reference to designer.

        3. 219. Qualification by reference to commissioner or employer.

        4. 220. Qualification by reference to first marketing.

        5. 221. Power to make further provision as to qualification.

      3. Dealings with design right

        1. 222. Assignment and licences.

        2. 223. Prospective ownership of design right.

        3. 224. Assignment of right in registered design presumed to carry with it design right.

        4. 225. Exclusive licences.

    2. Chapter II

      Rights of Design Right Owner and Remedies

      1. Infringement of design right

        1. 226. Primary infringement of design right.

        2. 227. Secondary infringement: importing or dealing with infringing article.

        3. 228. Meaning of "infringing article".

      2. Remedies for infringement

        1. 229. Rights and remedies of design right owner.

        2. 230. Order for delivery up.

        3. 231. Order as to disposal of infringing articles, &c.

        4. 232. Jurisdiction of county court and sheriff court.

        5. 233. Innocent infringement.

        6. 234. Rights and remedies of exclusive licensee.

        7. 235. Exercise of concurrent rights.

    3. Chapter III

      Exceptions to Rights of Design Right Owners

      1. Infringement of copyright

        1. 236. Infringement of copyright.

      2. Availability of licences of right

        1. 237. Licences available in last five years of design right.

        2. 238. Powers exercisable for protection of the public interest.

        3. 239. Undertaking to take licence of right in infringement proceedings.

      3. Crown use of designs

        1. 240. Crown use of designs.

        2. 241. Settlement of terms for Crown use.

        3. 242. Rights of third parties in case of Crown use.

        4. 243. Crown use: compensation for loss of profit.

        5. 244. Special provision for Crown use during emergency.

      4. General

        1. 245. Power to provide for further exceptions.

    4. Chapter IV

      Jurisdiction of the Comptroller and the Court

      1. Jurisdiction of the comptroller

        1. 246. Jurisdiction to decide matters relating to design right.

        2. 247. Application to settle terms of licence of right.

        3. 248. Settlement of terms where design right owner unknown.

        4. 249. Appeals as to terms of licence of right.

        5. 250. Rules.

      2. Jurisdiction of the court

        1. 251. References and appeals on design right matters.

        2. 252. Reference of disputes relating to Crown use.

    5. Chapter V

      Miscellaneous and General

      1. Miscellaneous

        1. 253. Remedy for groundless threats of infringement proceedings.

        2. 254. Licensee under licence of right not to claim connection with design right owner.

      2. Extent of operation of this Part

        1. 255. Countries to which this Part extends.

        2. 256. Countries enjoying reciprocal protection.

        3. 257. Territorial waters and the continental shelf.

      3. Interpretation

        1. 258. Construction of references to design right owner.

        2. 259. Joint designs.

        3. 260. Application of provisions to articles in kit form.

        4. 261. Requirement of signature: application in relation to body corporate.

        5. 262. Adaptation of expressions in relation to Scotland.

        6. 263. Minor definitions.

        7. 264. Index of defined expressions.

  4. Part IV

    Registered Designs

    1. Amendments of the Registered Designs Act 1949

      1. 265. Registrable designs.

      2. 266. Provisions with respect to certain designs registered in pursuance of application made before commencement.

      3. 267. Authorship and first ownership of designs.

      4. 268. Right given by registration of design.

      5. 269. Duration of right in registered design.

      6. 270. Powers exercisable for protection of the public interest.

      7. 271. Crown use: compensation for loss of profit.

      8. 272. Minor and consequential amendments.

    2. Supplementary

      1. 273. Text of Registered Designs Act 1949 as amended.

  5. Part V

    Patent Agents and Trade Mark Agents

    1. Patent agents

      1. 274. Persons permitted to carry on business of a patent agent.

      2. 275. The register of patent agents.

      3. 276. Persons entitled to describe themselves as patent agents.

      4. 277. Persons entitled to describe themselves as European patent attorneys, &c.

      5. 278. Use of the term "patent attorney": supplementary provisions.

      6. 279. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

      7. 280. Privilege for communications with patent agents.

      8. 281. Power of comptroller to refuse to deal with certain agents.

    2. Trade mark agents

      1. 282. The register of trade mark agents.

      2. 283. Unregistered persons not to be described as registered trade mark agents.

      3. 284. Privilege for communications with registered trade mark agents.

    3. Supplementary

      1. 285. Offences committed by partnerships and bodies corporate.

      2. 286. Interpretation.

  6. Part VI

    Patents

    1. Patents county courts

      1. 287. Patents county courts: special jurisdiction.

      2. 288. Financial limits in relation to proceedings within special jurisdiction of patents county court.

      3. 289. Transfer of proceedings between High Court and patents county court.

      4. 290. Limitation of costs where pecuniary claim could have been brought in patents county court.

      5. 291. Proceedings in patents county court.

      6. 292. Rights and duties of registered patent agents in relation to proceedings in patents county court.

    2. Licences of right in respect of certain patents

      1. 293. Restriction of acts authorised by certain licences.

      2. 294. When application may be made for settlement of terms of licence.

    3. Patents: miscellaneous amendments

      1. 295. Patents: miscellaneous amendments.

  7. Part VII

    Miscellaneous and General

    1. Devices designed to circumvent copy–protection

      1. 296. Devices designed to circumvent copy–protection.

    2. Fraudulent reception of transmissions

      1. 297. Offence of fraudulently receiving programmes.

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

      3. 299. Supplementary provisions as to fraudulent reception.

    3. Fraudulent application or use of trade mark

      1. 300. Fraudulent application or use of trade mark an offence.

    4. Provisions for the benefit of the Hospital for Sick Children

      1. 301. Provisions for the benefit of the Hospital for Sick Children.

    5. Financial assistance for certain international bodies

      1. 302. Financial assistance for certain international bodies.

    6. General

      1. 303. Consequential amendments and repeals.

      2. 304. Extent.

      3. 305. Commencement.

      4. 306. Short title.

    1. Schedule 1

      Copyright: transitional provisions and savings.

    2. Schedule 2

      Rights in performances: permitted acts.

    3. Schedule 3

      Registered designs: minor and consequential amendments of 1949 Act.

    4. Schedule 4

      The Registered Designs Act 1949 as amended.

    5. Schedule 5

      Patents: miscellaneous amendments.

    6. Schedule 6

      Provisions for the benefit of the Hospital for Sick Children.

    7. Schedule 7

      Consequential amendments: general.

    8. Schedule 8

      Repeals.

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]

Be 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 Copyright

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, broadcasts or cable programmes, and

(c) the typographical arrangement of published editions.

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

(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

(c) section 85 (right to privacy of certain photographs and films).



Descriptions of work and related provisions

3 Literary, dramatic and musical works

(1) 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, and

(b) a computer program;

  • "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.

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

(c) a work of artistic craftsmanship.

(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.

5 Sound recordings and films

(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; and

  • "film" means a recording on any medium from which a moving image may by any means be produced.

(2) Copyright does not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film.

6 Broadcasts

(1) In this Part a "broadcast" means a transmission by wireless telegraphy of visual images, sounds or other information which--

(a) is capable of being lawfully received by members of the public, or

(b) is transmitted for presentation to members of the public;

and references to broadcasting shall be construed accordingly.

(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, broadcasting a work, or including a work in 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 broadcast is made is, in the case of a satellite transmission, the place from which the signals carrying the broadcast are transmitted to the satellite.

(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.

(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.

7 Cable programmes

(1) In this Part--

  • "cable programme" means any item included in a cable programme service; and

  • "cable programme service" means a service which consists wholly or mainly in sending visual images, sounds or other information by means of a telecommunications system, otherwise than by wireless telegraphy, for reception--

(a) at two or more places (whether for simultaneous reception or at different times in response to requests by different users), or

(b) for presentation to members of the public,

and which is not, or so far as it is not, excepted by or under the following provisions of this section.

(2) The following are excepted from the definition of "cable programme service"--

(a) a service or part of a service of which it is an essential feature that while visual images, sounds or other information are being conveyed by the person providing the service there will or may be sent from each place of reception, by means of the same system or (as the case may be) the same part of it, information (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving it;

(b) a service run for the purposes of a business where--

(i) no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system,

(ii) the visual images, sounds or other information are conveyed by the system solely for purposes internal to the running of the business and not by way of rendering a service or providing amenities for others, and

(iii) the system is not connected to any other telecommunications system;

(c) a service run by a single individual where--

(i) all the apparatus comprised in the system is under his control,

(ii) the visual images, sounds or other information conveyed by the system are conveyed solely for domestic purposes of his, and

(iii) the system is not connected to any other telecommunications system;

(d) services where--

(i) all the apparatus comprised in the system is situated in, or connects, premises which are in single occupation, and

(ii) the system is not connected to any other telecommunications system,

other than services operated as part of the amenities provided for residents or inmates of premises run as a business;

(e) services which are, or to the extent that they are, run for persons providing broadcasting or cable programme services or providing programmes for such services.

(3) The Secretary of State may by order amend subsection (2) so as to add or remove exceptions, subject to such transitional provision as appears to him to be appropriate.

(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 resolution of each House of Parliament.

(5) References in this Part to the inclusion of a cable programme or work in a cable programme service are to its transmission as part of the service; and references to the person including it are to the person providing the service.

(6) Copyright does not subsist in a cable programme--

(a) if it is included in a cable programme service by reception and immediate re-transmission of a broadcast, or

(b) if it infringes, or to the extent that it infringes, the copyright in another cable programme or in a broadcast.

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) That person shall be taken to be--

(a) in the case of a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken;

(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) in the case of a cable programme, the person providing the cable programme service in which the programme is included;

(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.

(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 is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

(3) This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).



Duration of copyright

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

(1) Copyright in a literary, dramatic, musical or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies, subject to the following provisions of this section.

(2) If the work is of unknown authorship, copyright expires at the end of the period of 50 years from the end of the calendar year in which it is first made available to the public; and subsection (1) does not apply if the identity of the author becomes known after the end of that period.

For this purpose making available to the public includes--

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

(i) performance in public, or

(ii) being broadcast or included in a cable programme service;

(b) in the case of an artistic work--

(i) exhibition in public,

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

(iii) being included in a broadcast or cable programme service;

but in determining generally for the purposes of this subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

(3) If the work is computer-generated neither of the above provisions applies 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.

(4) In relation to a work of joint authorship--

(a) the reference in subsection (1) 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 of the authors whose identity is known; and

(b) the reference in subsection (2) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known.

(5) This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to 166) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).

13 Duration of copyright in sound recordings and films

(1) Copyright in a sound recording or film expires--

(a) at the end of the period of 50 years from the end of the calendar year in which it is made, or

(b) if it is released before the end of that period, 50 years from the end of the calendar year in which it is released.

(2) A sound recording or film is "released" when--

(a) it is first published, broadcast or included in a cable programme service, or

(b) in the case of a film or film sound-track, the film is first shown in public;

but in determining whether a work has been released no account shall be taken of any unauthorised act.

14 Duration of copyright in broadcasts and cable programmes

(1) Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service.

(2) Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat broadcast or cable programme which is broadcast or included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.

(3) A repeat broadcast or cable programme means one which is a repeat either of a broadcast previously made or of a cable programme previously included in a cable programme service.

15 Duration of copyright in typographical arrangement of published editions

Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.



Chapter II Rights of Copyright Owner

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The acts restricted by copyright

16 The acts restricted by copyright in a work

(1) 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);

(c) to perform, show or play the work in public (see section 19);

(d) to broadcast the work or include it in a cable programme service (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.

(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 copyright work; and references in this Part to copying and copies shall be construed 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, television broadcast or cable programme includes making a photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable programme.

(5) Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

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