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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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9 provisions
Title and introductory text
2023 No. 1285
retained eu law reform
INTELLECTUAL PROPERTY
The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023
Made
28th November 2023
Coming into force
Regulations 3 and 4
1st April 2024
Remainder
1st January 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1), (2), (3) and (7) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”).
The Secretary of State is a relevant national authority for the purposes of section 14(1), (2) and (3) of the 2023 Act.
In accordance with paragraph 5(1) and (5) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023.
(2) These Regulations, except for regulations 3 and 4, come into force on 1st January 2024.
(3) Regulations 3 and 4 come into force on 1st April 2024.
(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Propose a change2 Amendment of the Design Right (Semiconductor Topographies) Regulations 1989
(1) The Design Right (Semiconductor Topographies) Regulations 1989 are amended as follows.
(2) In regulation 4(2) (modified definition of “qualifying country”), in the modified section 217(3) of the Copyright, Designs and Patents Act 1988, for paragraph (d) substitute—
(d) any other country that is a member of the World Trade Organisation.
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(3) Omit the Schedule (qualifying countries).
Propose a change3 Amendment of the Artist’s Resale Right Regulations 2006
(1) The Artist’s Resale Right Regulations 2006 are amended as follows.
(2) In regulation 3(4) (artist’s resale right: calculation of sale price), omit “, and converted into euro at the European Central Bank reference rate prevailing at the contract date”.
(3) In regulation 12(3)(b) (“resale”: minimum sale price), for “1000 euro” substitute “£1,000”.
(4) In regulation 12(4)(b) (“resale”: minimum sale price for works recently acquired directly from author), for “10,000 euro” substitute “£10,000”.
(5) In Schedule 1 (calculation of resale royalty)—
(a) in paragraph 1, in the table—
(i) for “0 to 50,000 euro” substitute “£0 to £50,000”;
(ii) for “50,000.01 to 200,000 euro” substitute “£50,000.01 to £200,000”;
(iii) for “200,000.01 to 350,000 euro” substitute “£200,000.01 to £350,000”;
(iv) for “350,000.01 to 500,000 euro” substitute “£350,000.01 to £500,000”;
(v) for “500,000 euro” (in the second place those words occur) substitute “£500,000”;
(b) in paragraph 2, for “12,500 euro” substitute “£12,500”.
Propose a change4 Artist’s resale right: transitional provision
(1) The amendments made by regulation 3 do not apply to any sale where the contract date preceded 1st April 2024.
(2) In paragraph (1) “sale” and “contract date” have the meanings given by regulation 2 of the Artist’s Resale Right Regulations 2006.
Propose a change5 Amendment of the Copyright Tribunal Rules 2010
(1) The Copyright Tribunal Rules 2010 are amended as follows.
(2) In rule 13(2)(c) (response to proceedings: address for service), for “European Economic Area” substitute “United Kingdom”.
(3) In rule 15(4)(d) (request for permission to intervene in proceedings: address for service), for “European Economic Area” substitute “United Kingdom”.
Propose a change6 Amendment of the Collective Management of Copyright (EU Directive) Regulations 2016
The Collective Management of Copyright (EU Directive) Regulations 2016 are amended in accordance with regulations 7 and 8.
Propose a change7 Exemptions for collective management organisations qualifying as micro-entities
(1) In regulation 9(5) (exemption from certain staff training requirements), for the words from “business” to the end substitute “company that qualifies as a micro-entity under section 384A of the Companies Act 2006.”.
(2) In regulation 15(6) (exemption from duty to treat a user with a licence in good faith), for the words from “business” to the end substitute “company that qualifies as a micro-entity under section 384A of the Companies Act 2006.”.
(3) In regulation 31(4) (exemption from duty to make complaints procedures available to users), for the words from “business” to the end substitute “company that qualifies as a micro-entity under section 384A of the Companies Act 2006.”.
(4) In regulation 32(4) (exemption from duty to ensure availability of an alternative dispute resolution procedure for certain disputes), for the words from “business” to the end substitute “company that qualifies as a micro-entity under section 384A of the Companies Act 2006.”.
Propose a change8 Audit of annual transparency report: exemption for collective management organisations qualifying as small
(1) Regulation 21 (annual transparency report) is amended as follows.
(2) In paragraph (2)—
(a) for sub-paragraph (b) (but not the “and” after it) substitute—
(b) be audited by a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 in respect of the accounting information referred to in paragraph (4)(a), (g), (h), (i), (j) and (k) included in the report (but see paragraph (6));
;
(b) for sub-paragraph (c) substitute—
(c) reproduce in full the audit report including any qualifications to that report (but see paragraph (6)).
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(3) After paragraph (5) insert—
(6) Paragraph (2)(b) and (c) do not apply to the annual transparency report for a financial year in relation to which the collective management organisation was a company that qualified as small under section 382(1) to (6) of the Companies Act 2006.
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Propose a change