Change 1 Article Choose an article Title and introductory text 1 Copyright and copyright works. 2 Rights subsisting in copyright works. 3 Literary, dramatic and musical works. 3A Databases 4 Artistic works. 5 Sound recordings and films. 5A Sound recordings. 5B Films. 6 Broadcasts. 6A Safeguards in case of certain satellite broadcasts. 7 Cable programmes. 8 Published editions. 9 Authorship of work. 10 Works of joint authorship. 10A Works of co-authorship 11 First ownership 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. 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. 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. 27 Meaning of “infringing copy”. 28 Introductory provisions. 28A Making of temporary copies 28B Personal copies for private use 29 Research and private study. 29A Copies for text and data analysis for non-commercial research 30 Criticism, review, quotation and news reporting. 30A Caricature, parody or pastiche 31 Incidental inclusion of copyright material. 31A Disabled persons: copies of works for personal use 31B Making , communicating, making available, distributing or lending of accessible copies by authorised bodies 31BA Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies 31BB Accessible and intermediate copies: records and notification 31C 31D 31E 31F Sections 31A to 31BB: interpretation and general 32 Illustration for instruction 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 Copying and use of extracts of works by educational establishments 36A Lending of copies by educational establishments 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. 40B Libraries and educational establishments etc : making works available through dedicated terminals 41 Copying by librarians: supply of single copies to other libraries 42 Copying by librarians etc : replacement copies of works 42A Copying by librarians: single copies of published works 43 Copying by librarians or archivists: single copies of unpublished works 43A Sections 40A to 43: interpretation 44 Copy of work required to be made as condition of export. 44A Legal deposit libraries 44B Permitted uses of orphan works 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. 50A Back up copies. 50B Decompilation. 50BA Observing, studying and testing of computer programs 50C Other acts permitted to lawful users. 50D Acts permitted in relation to databases. 51 Design documents and models. 52 Effect of exploitation of design derived from artistic work. 53 Things done in reliance on registration of design. 54 Use of typeface in ordinary course of printing. 55 Articles for producing material in particular typeface. 56 Transfers of copies of works in electronic form. 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. 65 Reconstruction of buildings. 66 Lending to public of copies of certain works. 66A Films: acts permitted on assumptions as to expiry of copyright, &c. 67 Playing of sound recordings for purposes of club, society, &c. 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 75 Recording of broadcast for archival purposes 76 Adaptations. 76A Certain permitted uses of orphan works 77 Right to be identified as author or director. 78 Requirement that right be asserted. 79 Exceptions to right. 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. 84 False attribution of work. 85 Right to privacy of certain photographs and films. 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. 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. 93B Right to equitable remuneration where rental right transferred. 93C Equitable remuneration: reference of amount to Copyright Tribunal. 94 Moral rights not assignable. 95 Transmission of moral rights on death. 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. 101 Rights and remedies of exclusive licensee. 101A Certain infringements actionable by a non-exclusive licensee 102 Exercise of concurrent rights. 103 Remedies for infringement of moral rights. 104 Presumptions relevant to literary, dramatic, musical and artistic works. 105 Presumptions relevant to sound recordings and films. 106 Presumptions relevant to works subject to Crown copyright. 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. 111 Infringing copies may be treated as prohibited goods. 112 Power of Commissioners of Customs and Excise to make regulations. 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. 116 Licensing schemes and licensing bodies. 116A Power to provide for licensing of orphan works 116B Extended collective licensing 116C General provision about licensing under sections 116A and 116B 116D Regulations under sections 116A and 116B 117 Licensing schemes to which following sections 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. 124 Licences to which following sections 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 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. 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. 136 Implied indemnity in certain schemes and licences for reprographic copying. 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. 142 Royalty or other sum payable for lending of certain works. 143 Certification of licensing schemes. 144 Powers exercisable in consequence of report of Competition and Markets Authority. 144A Collective exercise of certain rights in relation to cable re-transmission. 145 The Copyright Tribunal. 146 Membership of the Tribunal. 147 Financial provisions. 148 Constitution for purposes of proceedings. 149 Jurisdiction of the Tribunal. 150 General power to make rules. 151 Costs, proof of orders, &c. 151A Award of interest. 152 Appeal to the court on point of law. 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. 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 160 Denial of copyright protection to citizens of countries not giving adequate protection to British works. 161 Territorial waters and the continental shelf. 162 British ships, aircraft and hovercraft. 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. 166C Copyright in proposed Measures of the National Assembly for Wales 166D Copyright in Bills of the National Assembly for Wales 167 Houses of Parliament: supplementary provisions with respect to copyright. 168 Copyright vesting in certain international organisations. 169 Folklore, &c.: anonymous unpublished works. 170 Transitional provisions and savings. 171 Rights and privileges under other enactments or the common law. 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. 180 Rights conferred on performers and persons having recording 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. 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. 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. 189 Acts permitted notwithstanding rights conferred by this Chapter. 190 Power of tribunal to give consent on behalf of performer in certain cases. 191 Duration of 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. 191HA Assignment of performer’s property rights in a sound recording 191HB Payment in consideration of assignment 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. 192A Performers’ non-property rights. 192B Transmissibility of rights of person having recording rights. 193 Consent. 194 Infringement actionable as breach of statutory duty. 195 Order for delivery up. 196 Right to seize illicit recordings. 197 Meaning of “illicit recording”. 197A Presumptions relevant to recordings of performances 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. 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. 205A Licensing of performers’ ... rights. 205B. Jurisdiction of Copyright Tribunal. 205C Right to be identified as performer 205D Requirement that right be asserted 205E Exceptions to right 205F Right to object to derogatory treatment of performance 205G Exceptions to right 205H Infringement of right by possessing or dealing with infringing article 205I Duration of rights 205J Consent and waiver of rights 205K Application of provisions to parts of performances 205L Moral rights not assignable 205M Transmission of moral rights on death 205N Remedies for infringement of moral rights 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. 210A 211 Expressions having same meaning as in copyright provisions. 212 Index of defined expressions. 212A Power to amend in consequence of changes to international law 213 Design right. 214 The designer. 215 Ownership of design right. 216 Duration of design right. 217 Qualifying individuals and qualifying persons. 218 Qualification by reference to designer. 219 Qualification by reference to employer. 220 Qualification by reference to first marketing. 221 Power to make further provision as to qualification. 222 Assignment and licences. 223 Prospective ownership of design right. 224 Assignment of right in registered design presumed to carry with it design right. 225 Exclusive licences. 226 Primary infringement of design right. 227 Secondary infringement: importing or dealing with infringing article. 228 Meaning of “infringing article”. 229 Rights and remedies of design right owner. 230 Order for delivery up. 231 Order as to disposal of infringing articles, &c. 232 Jurisdiction of county court and sheriff court. 233 Innocent infringement. 234 Rights and remedies of exclusive licensee. 235 Exercise of concurrent rights. 236 Infringement of copyright. 237 Licences available in last five years of design right. 238 Powers exercisable for protection of the public interest. 239 Undertaking to take licence of right in infringement proceedings. 240 Crown use of designs. 241 Settlement of terms for Crown use. 242 Rights of third parties in case of Crown use. 243 Crown use: compensation for loss of profit. 244 Special provision for Crown use during emergency. 244A Exception for private acts, experiments and teaching 244B Exception for overseas ships and aircraft 245 Power to provide for further exceptions. 246 Jurisdiction to decide matters relating to design right. 247 Application to settle terms of licence of right. 248 Settlement of terms where design right owner unknown. 249 Appeals as to terms of licence of right. 249A Opinions service 250 Rules. 251 References and appeals on design right matters. 252 Reference of disputes relating to Crown use. 253 Threats of infringement proceedings 253A Actionable threats 253B Permitted communications 253C Remedies and defences 253D Professional advisers 253E Supplementary: proceedings for delivery up etc. 254 Licensee under licence of right not to claim connection with design right owner. 255 Countries to which this Part extends. 256 Countries enjoying reciprocal protection. 257 Territorial waters and the continental shelf. 258 Construction of references to design right owner. 259 Joint designs. 260 Application of provisions to articles in kit form. 261 Requirement of signature: application in relation to body corporate. 262 Adaptation of expressions in relation to Scotland. 263 Minor definitions. 264 Index of defined expressions. 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Provisions with respect to certain designs registered in pursuance of application made before commencement. 267 Authorship and first ownership of designs. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Duration of right in registered design. 270 Powers exercisable for protection of the public interest. 271 Crown use: compensation for loss of profit. 272 Minor and consequential amendments. 273 Text of Registered Designs Act 1949 as amended. 274 Persons permitted to carry on business of a patent agent. 275 The register of patent attorneys 275A Regulation of patent attorneys 276 Persons entitled to describe themselves as patent agents. 277 Persons entitled to describe themselves as European patent attorneys, &c. 278 Use of the term “patent attorney”: supplementary provisions. 279 Power to prescribe conditions, &c. for mixed partnerships and bodies corporate. 280 Privilege for communications with patent agents. 281 Power of comptroller to refuse to deal with certain agents. 282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Offences committed by partnerships and bodies corporate. 286 Interpretation. 287 Patents county courts: special jurisdiction. 288 Financial limits in relation to proceedings within special jurisdiction of patents county court. 289 Transfer of proceedings between High Court and patents county court. 290 Limitation of costs where pecuniary claim could have been brought in patents county court. 291 Proceedings in patents county court. 292 Rights and duties of registered patent agents in relation to proceedings in patents county court. 293 Restriction of acts authorised by certain licences. 294 When application may be made for settlement of terms of licence. 295 Patents: miscellaneous amendments. 296 Devices designed to circumvent copy-protection. 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 296ZEA Remedy where restrictive measures prevent or restrict personal copying 296ZF Interpretation of sections 296ZA to 296ZEA 296ZG Electronic rights management information 296A Avoidance of certain terms. 296B Avoidance of certain terms relating to databases 297 Offence of fraudulently receiving programmes. 297A Unauthorised decoders. 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. 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 Provisions for the benefit of Great Ormond Street Hospital for Children. 302 Financial assistance for certain international bodies. 303 Consequential amendments and repeals. 304 Extent. 305 Commencement. 306 Short title. SCHEDULE A1 Regulation of licensing bodies SCHEDULE 1 Copyright: transitional provisions and savings SCHEDULE 2 Rights in performances: permitted acts SCHEDULE 2A LICENSING OF PERFORMERS’ ... RIGHTS SCHEDULE 3 Registered designs: minor and consequential amendments of 1949 Act SCHEDULE 4 The Registered Designs Act 1949 as amended Arrangement of Sections SCHEDULE 5 Patents: miscellaneous amendments SCHEDULE 5A PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES SCHEDULE 6 Provisions for the Benefit of Great Ormond Street Hospital for Children SCHEDULE 7 Consequential amendments: general SCHEDULE 8 Repeals
What to do with it
As published
228 Meaning of “infringing article”.
(1) In this Part “infringing article”, in relation to a design, shall be construed in accordance with this section.
(2) An article is an infringing article if its making to that design was an infringement of design right in the design.
(3) An article is also an infringing article if—
(a) it has been or is proposed to be imported into the United Kingdom, and
(b) its making to that design in the United Kingdom would have been an infringement of design right in the design or a breach of an exclusive licence agreement relating to the design.
(4) Where it is shown that an article is made to a design in which design right subsists or has subsisted at any time, it shall be presumed until the contrary is proved that the article was made at a time when design right subsisted.
(5) Nothing in subsection (3) shall be construed as applying to an article which—
(a) may lawfully be imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or
(b) has been or is proposed to be imported into the United Kingdom after being put on the market in the European Economic Area by or with the licence of the design right owner.
(5A) In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.
(6) The expression “infringing article” does not include a design document, notwithstanding that its making was or would have been an infringement of design right.
Your wording
Your change, as a redline
228 Meaning of “infringing article”.
(1) In this Part “infringing article”, in relation to a design, shall be construed in accordance with this section.
(2) An article is an infringing article if its making to that design was an infringement of design right in the design.
(3) An article is also an infringing article if—
(a) it has been or is proposed to be imported into the United Kingdom, and
(b) its making to that design in the United Kingdom would have been an infringement of design right in the design or a breach of an exclusive licence agreement relating to the design.
(4) Where it is shown that an article is made to a design in which design right subsists or has subsisted at any time, it shall be presumed until the contrary is proved that the article was made at a time when design right subsisted.
(5) Nothing in subsection (3) shall be construed as applying to an article which—
(a) may lawfully be imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or
(b) has been or is proposed to be imported into the United Kingdom after being put on the market in the European Economic Area by or with the licence of the design right owner.
(5A) In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.
(6) The expression “infringing article” does not include a design document, notwithstanding that its making was or would have been an infringement of design right.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.