(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 60 (abstracts of scientific or technical articles),
(c) section 66 (lending to public of copies of certain works),
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(3) The scheme shall be scheduled to the order and the certification shall come into operation for the purposes of section ... 60, 66... 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any later date on which the order of the Copyright Tribunal under that section comes into force or the reference is withdrawn.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.
144 Powers exercisable in consequence of report of Competition and Markets Authority.
(1) Subsection (1A) applies where whatever needs to be remedied, mitigated or prevented by the Secretary of State or (as the case may be) the Competition and Markets Authority 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), 147A(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 Competition and Markets Authority 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.
(2) The references in sections 56(2) and 73(2) of that Act, and section 12(5) of the Competition Act 1980, to the powers specified in that Part of that Schedule shall be construed accordingly.
(3) The Secretary of State or (as the case may be) the Competition and Markets Authority 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.
144A 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 an EEA . . . 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 re-transmission 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.
(1) The Tribunal established under section 23 of the Copyright Act 1956 is renamed the Copyright Tribunal.
(2) The Tribunal shall consist of a chairman and two deputy chairmen appointed by the Lord Chancellor, after consultation with the Lord Advocate, and not less than two or more than eight ordinary members appointed by the Secretary of State.
(3) A person is not eligible for appointment as chairman or deputy chairman unless—
(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;
(b) he is an advocate or solicitor in Scotland of at least 5 years’ standing;
(c) he is a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 5 years’ standing; or
(d) he has held judicial office.
(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) 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 75.
(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.
(7) The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge.
(8) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a) the person to be removed exercises functions , or the person to be appointed is to exercise functions, wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b) the person to be removed exercises functions , or the person to be appointed is to exercise functions, wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.
(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).
(10) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).
(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(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 Parliament.
(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.
The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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);
(c) section 125, 126 or 127 (reference or application with respect to licensing by 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);
(fa) paragraph 7 of Schedule ZA1 (application to determine compensation for use of orphan works).
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Lord Chancellor may, after consultation with the Lord Advocate, 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) 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
(c) requiring the Tribunal to give the parties to proceedings an opportunity to state 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.
(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.
(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;
(c) an order under section 135D(1); and
(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.
(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;
(c) in relation to an order section 135D(1), the date on which the first 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.
(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;
(c) for the publication of notices or the taking of other steps for securing that persons affected by the suspension of an order of the Tribunal will be informed of its suspension.
(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
(c) in the case of a broadcast . . . , the country from which the broadcast was made . . . (see section 156).
(2) Subsection (1) does not apply in relation to Crown copyright or Parliamentary copyright (see sections 163 to 166D) or to copyright subsisting by virtue of section 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.
(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 in the Channel Islands, the Isle of Man or Gibraltar or in a country to which the relevant provisions of this Part extend, or
(c) a body incorporated under the law of a part of the United Kingdom ... or of the Channel Islands, the Isle of Man or Gibraltar or of a 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, ... the Channel Islands, the Isle of Man or Gibraltar, or
(b) in a 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, ... the Channel Islands, the Isle of Man or Gibraltar, or
(b) a 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.
(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
(c) any colony.
(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.
(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) Where a country is a party to the Berne Convention or a member of the World Trade Organisation, this Part, so far as it relates to literary, dramatic, musical and artistic works, films and typographical arrangements of published editions—
(a) applies in relation to a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom,
(b) applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom, and
(c) applies in relation to a work first published in that country as it applies in relation to a work first published in the United Kingdom.
(2) Where a country is a party to the Rome Convention, this Part, so far as it relates to sound recordings and broadcasts—
(a) applies in relation to that country as mentioned in paragraphs (a), (b) and (c) of subsection (1), and
(b) applies in relation to a broadcast made from that country as it applies to a broadcast made from the United Kingdom.
(3) Where a country is a party to the WPPT, this Part, so far as relating to sound recordings, applies in relation to that country as mentioned in paragraphs (a), (b) and (c) of subsection (1).
(4) Her Majesty may by Order in Council—
(a) make provision for the application of this Part to a country by subsection (1), (2) or (3) to be subject to specified restrictions;
(b) make provision for applying this Part, or any of its provisions, to a specified country;
(c) make provision for applying this Part, or any of its provisions, to any country of a specified description;
(d) make provision for the application of legislation to a country under paragraph (b) or (c) to be subject to specified restrictions.
(5) Provision made under subsection (4) may apply generally or in relation to such classes of works, or other classes of case, as are specified.
(6) Her Majesty may not make an Order in Council containing provision under subsection (4)(b) or (c) unless satisfied that provision has been or will be made under the law of the country or countries in question, in respect of the classes to which the provision under subsection (4)(b) or (c) relates, giving adequate protection to the owners of copyright under this Part.
(7) Application under subsection (4)(b) or (c) is in addition to application by subsections (1) to (3).
(8) Provision made under subsection (4)(c) may cover countries that become (or again become) of the specified description after the provision comes into force.
(9) In this section—
“the Berne Convention” means any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9 September 1886;
“the Rome Convention” means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961;
“the WPPT” means the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20 December 1996.
(10) A statutory instrument containing an Order in Council under this section is 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
(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.
(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.
(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 1995 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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 copyright.
(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 166D).
(1) Her Majesty is entitled to copyright in every Act of Parliament Act of the Scottish Parliament, Measure of the National Assembly for Wales, Act of the National Assembly for Wales, Act of the Northern Ireland Assembly or Measure of the General Synod of the Church of England.
(2) The copyright subsists
(a) in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and
(b) in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council.
(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.
(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 copyright subsisting by virtue of their contribution to the work.
(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.
(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 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 Parliamentary copyright.
(7) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having passed in one Session, is reintroduced in a subsequent Session.
166A 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 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 Parliamentary copyright.
(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the 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 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 Parliamentary copyright.
(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.
166C Copyright in proposed Measures of the National Assembly for Wales
(1) Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
(2) Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction—
(a) until the proposed Assembly Measure is approved by Her Majesty in Council, or
(b) if the proposed Assembly Measure is not approved by Her Majesty in Council, 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 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 Parliamentary copyright.
(4) No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly.
166D Copyright in Bills of the National Assembly for Wales
(1) Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales 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 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 Parliamentary copyright.
(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the 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 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”.
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),
copyright nevertheless subsists in the work by virtue of this section and the 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.
(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 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.
(1) 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.
(2) The Secretary of State may by regulations amend Schedule 1 to reduce the duration of copyright in existing works which are unpublished, other than photographs or films.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) “ Existing works ” has the same meaning as in Schedule 1.
(5) Regulations under subsection (2) may—
(a) make different provision for different purposes;
(b) make supplementary or transitional provision;
(c) make consequential provision, including provision amending any enactment or subordinate legislation passed or made before that subsection comes into force.
(6) The power to make regulations under subsection (2) is exercisable by statutory instrument.
(7) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.
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;
(c) any right or privilege of either House of Parliament;
(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 copyright).
(1) This Part restates and amends the law of copyright, that is, the provisions of the Copyright Act 1956, as amended.
(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 whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.
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 authority (as defined in section 579(1) of the Education Act 1996) or (in Northern Ireland) 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 1996;
(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
(c) in relation to Northern Ireland, has the same meaning as in the Education 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.
(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);
(c) in the case of a sound recording or film—
(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.