Law

Copyright, Designs and Patents Act 1988

United Kingdom · statute

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In force since 2025-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 447 provisions
  1. Title and introductory text
  2. 1 Copyright and copyright works.
  3. 2 Rights subsisting in copyright works.
  4. 3 Literary, dramatic and musical works.
  5. 3A Databases
  6. 4 Artistic works.
  7. 5 Sound recordings and films.
  8. 5A Sound recordings.
  9. 5B Films.
  10. 6 Broadcasts.
  11. 6A Safeguards in case of certain satellite broadcasts.
  12. 7 Cable programmes.
  13. 8 Published editions.
  14. 9 Authorship of work.
  15. 10 Works of joint authorship.
  16. 10A Works of co-authorship
  17. 11 First ownership of copyright.
  18. 12 Duration of copyright in literary, dramatic, musical or artistic works.
  19. 13A Duration of copyright in sound recordings.
  20. 13B Duration of copyright in films.
  21. 14 Duration of copyright in broadcasts . . . .
  22. 15 Duration of copyright in typographical arrangement of published editions.
  23. 15A Meaning of country of origin.
  24. 16 The acts restricted by copyright in a work.
  25. 17 Infringement of copyright by copying.
  26. 18 Infringement by issue of copies to the public.
  27. 18A Infringement by rental or lending of work to the public.
  28. 19 Infringement by performance, showing or playing of work in public.
  29. 20 Infringement by communication to the public
  30. 21 Infringement by making adaptation or act done in relation to adaptation.
  31. 22 Secondary infringement: importing infringing copy.
  32. 23 Secondary infringement: possessing or dealing with infringing copy.
  33. 24 Secondary infringement: providing means for making infringing copies.
  34. 25 Secondary infringement: permitting use of premises for infringing performance.
  35. 26 Secondary infringement: provision of apparatus for infringing performance, &c.
  36. 27 Meaning of “infringing copy”.
  37. 28 Introductory provisions.
  38. 28A Making of temporary copies
  39. 28B Personal copies for private use
  40. 29 Research and private study.
  41. 29A Copies for text and data analysis for non-commercial research
  42. 30 Criticism, review, quotation and news reporting.
  43. 30A Caricature, parody or pastiche
  44. 31 Incidental inclusion of copyright material.
  45. 31A Disabled persons: copies of works for personal use
  46. 31B Making , communicating, making available, distributing or lending of accessible copies by authorised bodies
  47. 31BA Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies
  48. 31BB Accessible and intermediate copies: records and notification
  49. 31C
  50. 31D
  51. 31E
  52. 31F Sections 31A to 31BB: interpretation and general
  53. 32 Illustration for instruction
  54. 33 Anthologies for educational use.
  55. 34 Performing, playing or showing work in course of activities of educational establishment.
  56. 35 Recording by educational establishments of broadcasts
  57. 36 Copying and use of extracts of works by educational establishments
  58. 36A Lending of copies by educational establishments
  59. 37 Libraries and archives: introductory.
  60. 38 Copying by librarians: articles in periodicals.
  61. 39 Copying by librarians: parts of published works.
  62. 40 Restriction on production of multiple copies of the same material.
  63. 40A Lending of copies by libraries or archives.
  64. 40B Libraries and educational establishments etc : making works available through dedicated terminals
  65. 41 Copying by librarians: supply of single copies to other libraries
  66. 42 Copying by librarians etc : replacement copies of works
  67. 42A Copying by librarians: single copies of published works
  68. 43 Copying by librarians or archivists: single copies of unpublished works
  69. 43A Sections 40A to 43: interpretation
  70. 44 Copy of work required to be made as condition of export.
  71. 44A Legal deposit libraries
  72. 44B Permitted uses of orphan works
  73. 45 Parliamentary and judicial proceedings.
  74. 46 Royal Commissions and statutory inquiries.
  75. 47 Material open to public inspection or on official register.
  76. 48 Material communicated to the Crown in the course of public business.
  77. 49 Public records.
  78. 50 Acts done under statutory authority.
  79. 50A Back up copies.
  80. 50B Decompilation.
  81. 50BA Observing, studying and testing of computer programs
  82. 50C Other acts permitted to lawful users.
  83. 50D Acts permitted in relation to databases.
  84. 51 Design documents and models.
  85. 52 Effect of exploitation of design derived from artistic work.
  86. 53 Things done in reliance on registration of design.
  87. 54 Use of typeface in ordinary course of printing.
  88. 55 Articles for producing material in particular typeface.
  89. 56 Transfers of copies of works in electronic form.
  90. 57 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
  91. 58 Use of notes or recordings of spoken words in certain cases.
  92. 59 Public reading or recitation.
  93. 60 Abstracts of scientific or technical articles.
  94. 61 Recordings of folksongs.
  95. 62 Representation of certain artistic works on public display.
  96. 63 Advertisement of sale of artistic work.
  97. 64 Making of subsequent works by same artist.
  98. 65 Reconstruction of buildings.
  99. 66 Lending to public of copies of certain works.
  100. 66A Films: acts permitted on assumptions as to expiry of copyright, &c.
  101. 67 Playing of sound recordings for purposes of club, society, &c.
  102. 68 Incidental recording for purposes of broadcast . . . .
  103. 69 Recording for purposes of supervision and control of broadcasts and other services.
  104. 70 Recording for purposes of time-shifting.
  105. 71 Photographs of broadcasts
  106. 72 Free public showing or playing of broadcast . . . .
  107. 73 Reception and re-transmission of wireless broadcast by cable.
  108. 73A Royalty or other sum payable in pursuance of section 73(4).
  109. 74
  110. 75 Recording of broadcast for archival purposes
  111. 76 Adaptations.
  112. 76A Certain permitted uses of orphan works
  113. 77 Right to be identified as author or director.
  114. 78 Requirement that right be asserted.
  115. 79 Exceptions to right.
  116. 80 Right to object to derogatory treatment of work.
  117. 81 Exceptions to right.
  118. 82 Qualification of right in certain cases.
  119. 83 Infringement of right by possessing or dealing with infringing article.
  120. 84 False attribution of work.
  121. 85 Right to privacy of certain photographs and films.
  122. 86 Duration of rights.
  123. 87 Consent and waiver of rights.
  124. 88 Application of provisions to joint works.
  125. 89 Application of provisions to parts of works.
  126. 90 Assignment and licences.
  127. 91 Prospective ownership of copyright.
  128. 92 Exclusive licences.
  129. 93 Copyright to pass under will with unpublished work.
  130. 93A Presumption of transfer of rental right in case of film production agreement.
  131. 93B Right to equitable remuneration where rental right transferred.
  132. 93C Equitable remuneration: reference of amount to Copyright Tribunal.
  133. 94 Moral rights not assignable.
  134. 95 Transmission of moral rights on death.
  135. 96 Infringement actionable by copyright owner.
  136. 97 Provisions as to damages in infringement action.
  137. 97A Injunctions against service providers
  138. 98 Undertaking to take licence of right in infringement proceedings.
  139. 99 Order for delivery up.
  140. 100 Right to seize infringing copies and other articles.
  141. 101 Rights and remedies of exclusive licensee.
  142. 101A Certain infringements actionable by a non-exclusive licensee
  143. 102 Exercise of concurrent rights.
  144. 103 Remedies for infringement of moral rights.
  145. 104 Presumptions relevant to literary, dramatic, musical and artistic works.
  146. 105 Presumptions relevant to sound recordings and films.
  147. 106 Presumptions relevant to works subject to Crown copyright.
  148. 107 Criminal liability for making or dealing with infringing articles, &c.
  149. 107A Enforcement by local weights and measures authority.
  150. 108 Order for delivery up in criminal proceedings.
  151. 109 Search warrants.
  152. 110 Offence by body corporate: liability of officers.
  153. 111 Infringing copies may be treated as prohibited goods.
  154. 112 Power of Commissioners of Customs and Excise to make regulations.
  155. 113 Period after which remedy of delivery up not available.
  156. 114 Order as to disposal of infringing copy or other article.
  157. 114A Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland
  158. 114B Forfeiture of infringing copies, etc.: Scotland
  159. 115 Jurisdiction of county court and sheriff court.
  160. 116 Licensing schemes and licensing bodies.
  161. 116A Power to provide for licensing of orphan works
  162. 116B Extended collective licensing
  163. 116C General provision about licensing under sections 116A and 116B
  164. 116D Regulations under sections 116A and 116B
  165. 117 Licensing schemes to which following sections apply.
  166. 118 Reference of proposed licensing scheme to tribunal.
  167. 119 Reference of licensing scheme to tribunal.
  168. 120 Further reference of scheme to tribunal.
  169. 121 Application for grant of licence in connection with licensing scheme.
  170. 122 Application for review of order as to entitlement to licence.
  171. 123 Effect of order of tribunal as to licensing scheme.
  172. 124 Licences to which following sections apply.
  173. 125 Reference to tribunal of proposed licence.
  174. 126 Reference to tribunal of expiring licence.
  175. 127 Application for review of order as to licence.
  176. 128 Effect of order of tribunal as to licence.
  177. 128A Notification of licence or licensing scheme for excepted sound recordings
  178. 128B References to the Tribunal by the Secretary of State under section 128A
  179. 129 General considerations: unreasonable discrimination.
  180. 130 Licences for reprographic copying.
  181. 131 Licences for educational establishments in respect of works included in broadcasts . . . .
  182. 132 Licences to reflect conditions imposed by promoters of events.
  183. 133 Licences to reflect payments in respect of underlying rights.
  184. 134 Licences in respect of works included in re-transmissions.
  185. 135 Mention of specific matters not to exclude other relevant considerations.
  186. 135A Circumstances in which right available.
  187. 135B Notice of intention to exercise right.
  188. 135C Conditions for exercise of right.
  189. 135D Applications to settle payments.
  190. 135E References etc. about conditions, information and other terms.
  191. 135F Application for review of order.
  192. 135G Factors to be taken into account.
  193. 135H Power to amend sections 135A to 135G.
  194. 136 Implied indemnity in certain schemes and licences for reprographic copying.
  195. 137 Power to extend coverage of scheme or licence.
  196. 138 Variation or discharge of order extending scheme or licence.
  197. 139 Appeals against orders.
  198. 140 Inquiry whether new scheme or general licence required.
  199. 141 Statutory licence where recommendation not implemented.
  200. 142 Royalty or other sum payable for lending of certain works.
  201. 143 Certification of licensing schemes.
  202. 144 Powers exercisable in consequence of report of Competition and Markets Authority.
  203. 144A Collective exercise of certain rights in relation to cable re-transmission.
  204. 145 The Copyright Tribunal.
  205. 146 Membership of the Tribunal.
  206. 147 Financial provisions.
  207. 148 Constitution for purposes of proceedings.
  208. 149 Jurisdiction of the Tribunal.
  209. 150 General power to make rules.
  210. 151 Costs, proof of orders, &c.
  211. 151A Award of interest.
  212. 152 Appeal to the court on point of law.
  213. 153 Qualification for copyright protection.
  214. 154 Qualification by reference to author.
  215. 155 Qualification by reference to country of first publication.
  216. 156 Qualification by reference to place of transmission.
  217. 157 Countries to which this Part extends.
  218. 158 Countries ceasing to be colonies.
  219. 159 Application of this Part to countries to which it does not extend
  220. 160 Denial of copyright protection to citizens of countries not giving adequate protection to British works.
  221. 161 Territorial waters and the continental shelf.
  222. 162 British ships, aircraft and hovercraft.
  223. 163 Crown copyright.
  224. 164 Copyright in Acts and Measures.
  225. 165 Parliamentary copyright.
  226. 166 Copyright in Parliamentary Bills.
  227. 166A Copyright in Bills of the Scottish Parliament.
  228. 166B Copyright in Bills of the Northern Ireland Assembly.
  229. 166C Copyright in proposed Measures of the National Assembly for Wales
  230. 166D Copyright in Bills of the National Assembly for Wales
  231. 167 Houses of Parliament: supplementary provisions with respect to copyright.
  232. 168 Copyright vesting in certain international organisations.
  233. 169 Folklore, &c.: anonymous unpublished works.
  234. 170 Transitional provisions and savings.
  235. 171 Rights and privileges under other enactments or the common law.
  236. 172 General provisions as to construction.
  237. 172A Meaning of EEA and related expressions.
  238. 173 Construction of references to copyright owner.
  239. 174 Meaning of “educational establishment” and related expressions.
  240. 175 Meaning of publication and commercial publication.
  241. 176 Requirement of signature: application in relation to body corporate.
  242. 177 Adaptation of expressions for Scotland.
  243. 178 Minor definitions.
  244. 179 Index of defined expressions.
  245. 180 Rights conferred on performers and persons having recording rights.
  246. 181 Qualifying performances.
  247. 182 Consent required for recording, &c. of live performance.
  248. 182A Consent required for copying of recording.
  249. 182B Consent required for issue of copies to public.
  250. 182C Consent required for rental or lending of copies to public.
  251. 182CA Consent required for making available to the public
  252. 182D Right to equitable remuneration for exploitation of sound recording.
  253. 183 Infringement of performer’s rights by use of recording made without consent.
  254. 184 Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
  255. 185 Exclusive recording contracts and persons having recording rights.
  256. 186 Consent required for recording of performance subject to exclusive contract.
  257. 187 Infringement of recording rights by use of recording made without consent.
  258. 188 Infringement of recording rights by importing, possessing or dealing with illicit recording.
  259. 189 Acts permitted notwithstanding rights conferred by this Chapter.
  260. 190 Power of tribunal to give consent on behalf of performer in certain cases.
  261. 191 Duration of rights.
  262. 191A Performers’ property rights.
  263. 191B Assignment and licences.
  264. 191C Prospective ownership of a performer’s property rights.
  265. 191D Exclusive licences.
  266. 191E Performer’s property right to pass under will with unpublished original recording.
  267. 191F Presumption of transfer of rental right in case of film production agreement.
  268. 191G Right to equitable remuneration where rental right transferred.
  269. 191H Equitable remuneration: reference of amount to Copyright Tribunal.
  270. 191HA Assignment of performer’s property rights in a sound recording
  271. 191HB Payment in consideration of assignment
  272. 191I Infringement actionable by rights owner.
  273. 191J Provisions as to damages in infringement action.
  274. 191JA Injunctions against service providers
  275. 191K Undertaking to take licence of right in infringement proceedings.
  276. 191L Rights and remedies for exclusive licensee.
  277. 191M Exercise of concurrent rights.
  278. 192A Performers’ non-property rights.
  279. 192B Transmissibility of rights of person having recording rights.
  280. 193 Consent.
  281. 194 Infringement actionable as breach of statutory duty.
  282. 195 Order for delivery up.
  283. 196 Right to seize illicit recordings.
  284. 197 Meaning of “illicit recording”.
  285. 197A Presumptions relevant to recordings of performances
  286. 198 Criminal liability for making, dealing with or using illicit recordings.
  287. 198A Enforcement by local weights and measures authority.
  288. 199 Order for delivery up in criminal proceedings.
  289. 200 Search warrants.
  290. 201 False representation of authority to give consent.
  291. 202 Offence by body corporate: liability of officers.
  292. 203 Period after which remedy of delivery up not available.
  293. 204 Order as to disposal of illicit recording.
  294. 204A Forfeiture of illicit recordings: England and Wales or Northern Ireland
  295. 204B Forfeiture: Scotland
  296. 205 Jurisdiction of county court and sheriff court.
  297. 205A Licensing of performers’ ... rights.
  298. 205B. Jurisdiction of Copyright Tribunal.
  299. 205C Right to be identified as performer
  300. 205D Requirement that right be asserted
  301. 205E Exceptions to right
  302. 205F Right to object to derogatory treatment of performance
  303. 205G Exceptions to right
  304. 205H Infringement of right by possessing or dealing with infringing article
  305. 205I Duration of rights
  306. 205J Consent and waiver of rights
  307. 205K Application of provisions to parts of performances
  308. 205L Moral rights not assignable
  309. 205M Transmission of moral rights on death
  310. 205N Remedies for infringement of moral rights
  311. 206 Qualifying countries, individuals and persons.
  312. 207 Countries to which this Part extends.
  313. 208 Countries enjoying reciprocal protection.
  314. 209 Territorial waters and the continental shelf.
  315. 210 British ships, aircraft and hovercraft.
  316. 210A
  317. 211 Expressions having same meaning as in copyright provisions.
  318. 212 Index of defined expressions.
  319. 212A Power to amend in consequence of changes to international law
  320. 213 Design right.
  321. 214 The designer.
  322. 215 Ownership of design right.
  323. 216 Duration of design right.
  324. 217 Qualifying individuals and qualifying persons.
  325. 218 Qualification by reference to designer.
  326. 219 Qualification by reference to employer.
  327. 220 Qualification by reference to first marketing.
  328. 221 Power to make further provision as to qualification.
  329. 222 Assignment and licences.
  330. 223 Prospective ownership of design right.
  331. 224 Assignment of right in registered design presumed to carry with it design right.
  332. 225 Exclusive licences.
  333. 226 Primary infringement of design right.
  334. 227 Secondary infringement: importing or dealing with infringing article.
  335. 228 Meaning of “infringing article”.
  336. 229 Rights and remedies of design right owner.
  337. 230 Order for delivery up.
  338. 231 Order as to disposal of infringing articles, &c.
  339. 232 Jurisdiction of county court and sheriff court.
  340. 233 Innocent infringement.
  341. 234 Rights and remedies of exclusive licensee.
  342. 235 Exercise of concurrent rights.
  343. 236 Infringement of copyright.
  344. 237 Licences available in last five years of design right.
  345. 238 Powers exercisable for protection of the public interest.
  346. 239 Undertaking to take licence of right in infringement proceedings.
  347. 240 Crown use of designs.
  348. 241 Settlement of terms for Crown use.
  349. 242 Rights of third parties in case of Crown use.
  350. 243 Crown use: compensation for loss of profit.
  351. 244 Special provision for Crown use during emergency.
  352. 244A Exception for private acts, experiments and teaching
  353. 244B Exception for overseas ships and aircraft
  354. 245 Power to provide for further exceptions.
  355. 246 Jurisdiction to decide matters relating to design right.
  356. 247 Application to settle terms of licence of right.
  357. 248 Settlement of terms where design right owner unknown.
  358. 249 Appeals as to terms of licence of right.
  359. 249A Opinions service
  360. 250 Rules.
  361. 251 References and appeals on design right matters.
  362. 252 Reference of disputes relating to Crown use.
  363. 253 Threats of infringement proceedings
  364. 253A Actionable threats
  365. 253B Permitted communications
  366. 253C Remedies and defences
  367. 253D Professional advisers
  368. 253E Supplementary: proceedings for delivery up etc.
  369. 254 Licensee under licence of right not to claim connection with design right owner.
  370. 255 Countries to which this Part extends.
  371. 256 Countries enjoying reciprocal protection.
  372. 257 Territorial waters and the continental shelf.
  373. 258 Construction of references to design right owner.
  374. 259 Joint designs.
  375. 260 Application of provisions to articles in kit form.
  376. 261 Requirement of signature: application in relation to body corporate.
  377. 262 Adaptation of expressions in relation to Scotland.
  378. 263 Minor definitions.
  379. 264 Index of defined expressions.
  380. 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  381. 266 Provisions with respect to certain designs registered in pursuance of application made before commencement.
  382. 267 Authorship and first ownership of designs.
  383. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  384. 269 Duration of right in registered design.
  385. 270 Powers exercisable for protection of the public interest.
  386. 271 Crown use: compensation for loss of profit.
  387. 272 Minor and consequential amendments.
  388. 273 Text of Registered Designs Act 1949 as amended.
  389. 274 Persons permitted to carry on business of a patent agent.
  390. 275 The register of patent attorneys
  391. 275A Regulation of patent attorneys
  392. 276 Persons entitled to describe themselves as patent agents.
  393. 277 Persons entitled to describe themselves as European patent attorneys, &c.
  394. 278 Use of the term “patent attorney”: supplementary provisions.
  395. 279 Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
  396. 280 Privilege for communications with patent agents.
  397. 281 Power of comptroller to refuse to deal with certain agents.
  398. 282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  399. 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  400. 284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  401. 285 Offences committed by partnerships and bodies corporate.
  402. 286 Interpretation.
  403. 287 Patents county courts: special jurisdiction.
  404. 288 Financial limits in relation to proceedings within special jurisdiction of patents county court.
  405. 289 Transfer of proceedings between High Court and patents county court.
  406. 290 Limitation of costs where pecuniary claim could have been brought in patents county court.
  407. 291 Proceedings in patents county court.
  408. 292 Rights and duties of registered patent agents in relation to proceedings in patents county court.
  409. 293 Restriction of acts authorised by certain licences.
  410. 294 When application may be made for settlement of terms of licence.
  411. 295 Patents: miscellaneous amendments.
  412. 296 Devices designed to circumvent copy-protection.
  413. 296ZA Circumvention of technological measures
  414. 296ZB Devices and services designed to circumvent technological measures
  415. 296ZC Devices and services designed to circumvent technological measures: search warrants and forfeiture
  416. 296ZD Rights and remedies in respect of devices and services designed to circumvent technological measures
  417. 296ZE Remedy where effective technological measures prevent permitted acts
  418. 296ZEA Remedy where restrictive measures prevent or restrict personal copying
  419. 296ZF Interpretation of sections 296ZA to 296ZEA
  420. 296ZG Electronic rights management information
  421. 296A Avoidance of certain terms.
  422. 296B Avoidance of certain terms relating to databases
  423. 297 Offence of fraudulently receiving programmes.
  424. 297A Unauthorised decoders.
  425. 297B Search warrants
  426. 297C Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
  427. 297D Forfeiture of unauthorised decoders: Scotland
  428. 298 Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
  429. 299 Supplementary provisions as to fraudulent reception.
  430. 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  431. 301 Provisions for the benefit of Great Ormond Street Hospital for Children.
  432. 302 Financial assistance for certain international bodies.
  433. 303 Consequential amendments and repeals.
  434. 304 Extent.
  435. 305 Commencement.
  436. 306 Short title.
  437. SCHEDULE A1 Regulation of licensing bodies
  438. SCHEDULE 1 Copyright: transitional provisions and savings
  439. SCHEDULE 2 Rights in performances: permitted acts
  440. SCHEDULE 2A LICENSING OF PERFORMERS’ ... RIGHTS
  441. SCHEDULE 3 Registered designs: minor and consequential amendments of 1949 Act
  442. SCHEDULE 4 The Registered Designs Act 1949 as amended Arrangement of Sections
  443. SCHEDULE 5 Patents: miscellaneous amendments
  444. SCHEDULE 5A PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
  445. SCHEDULE 6 Provisions for the Benefit of Great Ormond Street Hospital for Children
  446. SCHEDULE 7 Consequential amendments: general
  447. SCHEDULE 8 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

447 provisions

29A Copies for text and data analysis for non-commercial research

(1) The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that— (a) the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and (b) the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) Where a copy of a work has been made under this section, copyright in the work is infringed if— (a) the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or (b) the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner. (3) If a copy made under this section is subsequently dealt with— (a) it is to be treated as an infringing copy for the purposes of that dealing, and (b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes. (4) In subsection (3) “dealt with” means sold or let for hire, or offered or exposed for sale or hire. (5) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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30 Criticism, review, quotation and news reporting.

(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise) and provided that the work has been made available to the public. (1ZA) Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that— (a) the work has been made available to the public, (b) the use of the quotation is fair dealing with the work, (c) the extent of the quotation is no more than is required by the specific purpose for which it is used, and (d) the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (1A) For the purposes of subsections (1) and (1ZA) a work has been made available to the public if it has been made available by any means, including— (a) the issue of copies to the public; (b) making the work available by means of an electronic retrieval system; (c) the rental or lending of copies of the work to the public; (d) the performance, exhibition, playing or showing of the work in public; (e) the communication to the public of the work, but in determining generally for the purposes of those subsections whether a work has been made available to the public no account shall be taken of any unauthorised act. (2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement. (3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film or broadcast where this would be impossible for reasons of practicality or otherwise. (4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.

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30A Caricature, parody or pastiche

(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work. (2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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31 Incidental inclusion of copyright material.

(1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast. (2) Nor is the copyright infringed by the issue to the public of copies, or the playing, showing or communication to the public, of anything whose making was, by virtue of subsection (1), not an infringement of the copyright. (3) A musical work, words spoken or sung with music, or so much of a sound recording or broadcast as includes a musical work or such words, shall not be regarded as incidentally included in another work if it is deliberately included.

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31A Disabled persons: copies of works for personal use

(1) This section applies if— (a) a disabled person has lawful access to a copy of the whole or part of a work, and (b) the person’s disability prevents the person from enjoying the work to substantially the same degree as a person who does not have that disability. (2) The making of an accessible copy of the copy of the work referred to in subsection (1)(a) does not infringe copyright if— (a) the copy is made by the disabled person or by a person acting on behalf of the disabled person, and (b) the copy is made for the disabled person’s personal use ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Copyright is infringed by the transfer of an accessible copy of a work made under this section to any person other than— (a) a person by or for whom an accessible copy of the work may be made under this section, or (b) a person who intends to transfer the copy to a person falling within paragraph (a), except where the transfer is authorised by the copyright owner. (5) An accessible copy of a work made under this section is to be treated for all purposes as an infringing copy if it is held by a person at a time when the person does not fall within subsection (4)(a) or (b). (6) If an accessible copy made under this section is subsequently dealt with— (a) it is to be treated as an infringing copy for the purposes of that dealing, and (b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes. (7) In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.

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31B Making , communicating, making available, distributing or lending of accessible copies by authorised bodies

(1) If— (a) an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and (b) the body complies with subsection (1A), the body may, without infringing copyright, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom .... (1A) An authorised body complies with this subsection if it— (a) distributes, communicates, makes available or lends accessible copies only to disabled persons or other authorised bodies, (b) takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies, (c) demonstrates due care in, and maintains records of, its handling of works and accessible copies, and (d) publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in paragraphs (a), (b) and (c). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For the purposes of subsection (1), to communicate, make available, distribute or lend “for the personal use of disabled persons” includes to communicate, make available, distribute or lend to a person acting on behalf of a disabled person. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) An authorised body which has made an accessible copy of a work under this section may communicate, make available, distribute or lend it to another authorised body established in the United Kingdom ... which is entitled to make accessible copies of the work under this section for the purposes of enabling that other body to make accessible copies of the work. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) If an accessible copy made under this section is subsequently dealt with— (a) it is to be treated as an infringing copy for the purposes of that dealing, and (b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes. (12) In this section “dealt with” means sold or let for hire or offered or exposed for sale or hire.

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31BA Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies

(1) An authorised body which is entitled to make an accessible copy of a work under section 31B may, without infringing copyright, make a copy of the work (“an intermediate copy”) if this is necessary in order to make the accessible copy. (2) An authorised body which has made an intermediate copy of a work under this section may communicate, make available, distribute or lend it on a non-profit basis to another authorised body which is entitled to make accessible copies of the work under section 31B for the purposes of enabling that other body to make accessible copies of the work. (3) Copyright is infringed by the transfer of an intermediate copy made under this section to a person other than another authorised body as permitted by subsection (2), except where the transfer is authorised by the copyright owner. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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31BB Accessible and intermediate copies: records and notification

(1) A person listed in subsection (3) may request an authorised body— (a) making accessible copies under section 31B, or (b) making intermediate copies under section 31BA, to provide the person with the information in subsection (4). (2) On receipt of a request under subsection (1), an authorised body must provide the information to the person in an accessible way within a reasonable time. (3) The persons who may make a request under subsection (1) are— (a) disabled person; (b) another authorised body; (c) rightholders. (4) The information that must be provided by the authorised body is— (a) the list of works for which it has accessible copies and the available formats, and (b) the name and contact details of any authorised body established in a member State of the European Union from which, or to which, it has imported, exported or accessed an accessible copy.

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31C

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31D

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31E

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31F Sections 31A to 31BB: interpretation and general

(1) This section supplements sections 31A to 31BB and includes definitions. (2) “Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly. (3) But a person is not to be regarded as disabled by reason only of an impairment of visual function which can be improved, for example by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light. (4) An “accessible copy” of a copyright work means a version of the work which enables disabled persons to access the work, including accessing it as feasibly and comfortably as a person who is not a disabled person. (5) An accessible copy— (a) may include facilities for navigating around the version of the work, but (b) must not include any changes to the work which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended. (6) “Authorised body” means— (a) an educational establishment, or (b) a body that is not conducted for profit. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of section 27, 31A, 31B or 31BA, would not infringe copyright, that term is unenforceable.

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32 Illustration for instruction

(1) Fair dealing with a work for the sole purpose of illustration for instruction does not infringe copyright in the work provided that the dealing is— (a) for a non-commercial purpose, (b) by a person giving or receiving instruction (or preparing for giving or receiving instruction), and (c) accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) For the purposes of subsection (1), “giving or receiving instruction” includes setting examination questions, communicating the questions to pupils and answering the questions. (3) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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33 Anthologies for educational use.

(1) The inclusion of a short passage from a published literary or dramatic work in a collection which— (a) is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher, and (b) consists mainly of material in which no copyright subsists, does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement. (2) Subsection (1) does not authorise the inclusion of more than two excerpts from copyright works by the same author in collections published by the same publisher over any period of five years. (3) In relation to any given passage the reference in subsection (2) to excerpts from works by the same author— (a) shall be taken to include excerpts from works by him in collaboration with another, and (b) if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another. (4) References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.

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

(1) The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment— (a) by a teacher or pupil in the course of the activities of the establishment, or (b) at the establishment by any person for the purposes of instruction, is not a public performance for the purposes of infringement of copyright. (2) The playing or showing of a sound recording, film or broadcast before such an audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright. (3) A person is not for this purpose directly connected with the activities of the educational establishment simply because he is the parent of a pupil at the establishment.

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35 Recording by educational establishments of broadcasts

(1) A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing copyright in the broadcast, or in any work included in it, provided that— (a) the educational purposes are non-commercial, and (b) the recording or copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) Copyright is not infringed where a recording of a broadcast or a copy of such a recording, made under subsection (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment. (3) Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff. (4) Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact. (5) If a copy made under this section is subsequently dealt with— (a) it is to be treated as an infringing copy for the purposes of that dealing, and (b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes. (6) In this section “dealt with” means— (a) sold or let for hire, (b) offered or exposed for sale or hire, or (c) communicated otherwise than as permitted by subsection (2).

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36 Copying and use of extracts of works by educational establishments

(1) The copying of extracts of a relevant work by or on behalf of an educational establishment does not infringe copyright in the work, provided that— (a) the copy is made for the purposes of instruction for a non-commercial purpose, and (b) the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) Copyright is not infringed where a copy of an extract made under subsection (1) is communicated by or on behalf of the educational establishment to its pupils or staff for the purposes of instruction for a non-commercial purpose. (3) Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff. (4) In this section “relevant work” means a copyright work other than— (a) a broadcast, or (b) an artistic work which is not incorporated into another work. (5) Not more than 5% of a work may be copied under this section by or on behalf of an educational establishment in any period of 12 months, and for these purposes a work which incorporates another work is to be treated as a single work. (6) Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact. (7) The terms of a licence granted to an educational establishment authorising acts permitted by this section are of no effect so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted by this section. (8) If a copy made under this section is subsequently dealt with— (a) it is to be treated as an infringing copy for the purposes of that dealing, and (b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes. (9) In this section “dealt with” means— (a) sold or let for hire, (b) offered or exposed for sale or hire, or (c) communicated otherwise than as permitted by subsection (2).

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36A Lending of copies by educational establishments

Copyright in a work is not infringed by the lending of copies of the work by an educational establishment.

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37 Libraries and archives: introductory.

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38 Copying by librarians: articles in periodicals.

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39 Copying by librarians: parts of published works.

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

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40A Lending of copies by libraries or archives.

(1) Copyright in a work of any description is not infringed by the following acts by a public library in relation to a book within the public lending right scheme— (a) lending the book; (b) in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it. (1ZA) Subsection (1) applies to an e-book or an e-audio-book only if— (a) the book has been lawfully acquired by the library, and (b) the lending is in compliance with any purchase or licensing terms to which the book is subject. (1A) In subsections (1) and (1ZA) — (a) “book , “audio-book” and “e-book” have the meanings given in section 5 of the Public Lending Right Act 1979, (aa) “e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission, (b) “the public lending right scheme” means the scheme in force under section 1 of that Act, (c) a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and (d) “lending” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply). (2) Copyright in a work is not infringed by the lending of copies of the work by a ...library or archive (other than a public library) which is not conducted for profit.

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40B Libraries and educational establishments etc : making works available through dedicated terminals

(1) Copyright in a work is not infringed by an institution specified in subsection (2) communicating the work to the public or making it available to the public by means of a dedicated terminal on its premises, if the conditions in subsection (3) are met. (2) The institutions are— (a) a library, (b) an archive, (c) a museum, and (d) an educational establishment. (3) The conditions are that the work or a copy of the work— (a) has been lawfully acquired by the institution, (b) is communicated or made available to individual members of the public for the purposes of research or private study, and (c) is communicated or made available in compliance with any purchase or licensing terms to which the work is subject.

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41 Copying by librarians: supply of single copies to other libraries

(1) A librarian may, if the conditions in subsection (2) are met, make a single copy of the whole or part of a published work and supply it to another library, without infringing copyright in the work. (2) The conditions are— (a) the copy is supplied in response to a request from a library which is not conducted for profit, and (b) at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work. (3) The condition in subsection (2)(b) does not apply where the request is for a copy of an article in a periodical. (4) Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy. (5) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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42 Copying by librarians etc : replacement copies of works

(1) A librarian, archivist or curator of a library, archive or museum may, without infringing copyright, make a copy of an item in that institution’s permanent collection— (a) in order to preserve or replace that item in that collection, or (b) where an item in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the item in the collection of that other library, archive or museum, provided that the conditions in subsections (2) and (3) are met. (2) The first condition is that the item is— (a) included in the part of the collection kept wholly or mainly for the purposes of reference on the institution’s premises, (b) included in a part of the collection not accessible to the public, or (c) available on loan only to other libraries, archives or museums. (3) The second condition is that it is not reasonably practicable to purchase a copy of the item to achieve either of the purposes mentioned in subsection (1). (4) The reference in subsection (1)(b) to a library, archive or museum is to a library, archive or museum which is not conducted for profit. (5) Where an institution makes a charge for supplying a copy to another library, archive or museum under subsection (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy. (6) In this section “item” means a work or a copy of a work. (7) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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42A Copying by librarians: single copies of published works

(1) A librarian of a library which is not conducted for profit may, if the conditions in subsection (2) are met, make and supply a single copy of— (a) one article in any one issue of a periodical, or (b) a reasonable proportion of any other published work, without infringing copyright in the work. (2) The conditions are— (a) the copy is supplied in response to a request from a person who has provided the librarian with a declaration in writing which includes the information set out in subsection (3), and (b) the librarian is not aware that the declaration is false in a material particular. (3) The information which must be included in the declaration is— (a) the name of the person who requires the copy and the material which that person requires, (b) a statement that the person has not previously been supplied with a copy of that material by any library, (c) a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person, and (d) a statement that to the best of the person’s knowledge, no other person with whom the person works or studies has made, or intends to make, at or about the same time as the person’s request, a request for substantially the same material for substantially the same purpose. (4) Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy. (5) Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P— (a) P is liable for infringement of copyright as if P had made the copy, and (b) the copy supplied to P is to be treated as an infringing copy for all purposes. (6) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

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43 Copying by librarians or archivists: single copies of unpublished works

(1) A librarian or archivist may make and supply a single copy of the whole or part of a work without infringing copyright in the work, provided that— (a) the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in subsection (2), and (b) the librarian or archivist is not aware that the declaration is false in a material particular. (2) The information which must be included in the declaration is— (a) the name of the person who requires the copy and the material which that person requires, (b) a statement that the person has not previously been supplied with a copy of that material by any library or archive, and (c) a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person. (3) But copyright is infringed if— (a) the work had been published or communicated to the public before the date it was deposited in the library or archive, or (b) the copyright owner has prohibited the copying of the work, and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact. (4) Where a library or archive makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy. (5) Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P— (a) P is liable for infringement of copyright as if P had made the copy, and (b) the copy supplied to P is to be treated as an infringing copy for all purposes.

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43A Sections 40A to 43: interpretation

(1) The following definitions have effect for the purposes of sections 40A to 43. (2) “Library” means— (a) a library which is publicly accessible, or (b) a library of an educational establishment. (3) “Museum” includes a gallery. (4) “Conducted for profit”, in relation to a library, archive or museum, means a body of that kind which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit. (5) References to a librarian, archivist or curator include a person acting on behalf of a librarian, archivist or curator.

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

If an article of cultural or historical importance or interest cannot lawfully be exported from the United Kingdom unless a copy of it is made and deposited in an appropriate library or archive, it is not an infringement of copyright to make that copy.

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44A Legal deposit libraries

(1) Copyright is not infringed by the copying of a work from the internet by a deposit library or person acting on its behalf if— (a) the work is of a description prescribed by regulations under section 10(5) of the 2003 Act, (b) its publication on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and (c) the copying is done in accordance with any conditions so prescribed. (2) Copyright is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section 7 of the 2003 Act. (3) The Secretary of State may by regulations make provision excluding, in relation to prescribed activities done in relation to relevant material, the application of such of the provisions of this Chapter as are prescribed. (4) Regulations under subsection (3) may in particular make provision prescribing activities— (a) done for a prescribed purpose, (b) done by prescribed descriptions of reader, (c) done in relation to prescribed descriptions of relevant material, (d) done other than in accordance with prescribed conditions. (5) Regulations under this section may make different provision for different purposes. (6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section— (a) “ the 2003 Act ” means the Legal Deposit Libraries Act 2003; (b) “ deposit library ”, “ reader ” and “ relevant material ” have the same meaning as in section 7 of the 2003 Act; (c) “ prescribed ” means prescribed by regulations made by the Secretary of State.

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44B Permitted uses of orphan works

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45 Parliamentary and judicial proceedings.

(1) Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings. (2) Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.

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46 Royal Commissions and statutory inquiries.

(1) Copyright is not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry. (2) Copyright is not infringed by anything done for the purpose of reporting any such proceedings held in public; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings. (3) Copyright in a work is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the work or material from it. (4) In this section— “Royal Commission” includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973; and “statutory inquiry” means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.

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47 Material open to public inspection or on official register.

(1) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public. (2) Where material is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that— (a) the act is done by or with the authority of the appropriate person, (b) the purpose of the act is— (i) to enable the material to be inspected at a more convenient time or place, or (ii) to otherwise facilitate the exercise of any right for the purpose of which the statutory requirement is imposed, and (c) in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner. (3) Where material which contains information about matters of general scientific, technical, commercial or economic interest is on a statutory register or is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that— (a) the act is done by or with the authority of the appropriate person, (b) the purpose of the act is to disseminate that information, and (c) in the case of the act specified in subsection (3A)(c), the material is not commercially available to the public by or with the authority of the copyright owner. (3A) This subsection applies to any of the following acts— (a) copying the material, (b) issuing copies of the material to the public, and (c) making the material (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them. (4) The Secretary of State may by order provide that subsection (1), (2) or (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified. (5) The Secretary of State may by order provide that subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order— (a) to material made open to public inspection by— (i) an international organisation specified in the order, or (ii) a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or (b) to a register maintained by an international organisation specified in the order, as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register. (6) In this section— “appropriate person” means the person required to make the material open to public inspection or, as the case may be, the person maintaining the register; “statutory register” means a register maintained in pursuance of a statutory requirement; and “statutory requirement” means a requirement imposed by provision made by or under an enactment. (7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

(1) This section applies where a literary, dramatic, musical or artistic work has in the course of public business been communicated to the Crown for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Crown. (2) The Crown may, without infringing copyright in the work, do an act specified in subsection (3) provided that— (a) the act is done for the purpose for which the work was communicated to the Crown, or any related purpose which could reasonably have been anticipated by the copyright owner, and (b) the work has not been previously published otherwise than by virtue of this section. (3) The acts referred to in subsection (2) are— (a) copying the work, (b) issuing copies of the work to the public, and (c) making the work (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them. (4) In subsection (1) “public business” includes any activity carried on by the Crown. (5) This section has effect subject to any agreement to the contrary between the Crown and the copyright owner. (6) In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, NHS England , an integrated care board established under section 14Z25 of the National Health Service Act 2006, ... , the Care Quality Commission ... , the Health Services Safety Investigations Body, the Health Research Authority and a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978 and an NHS foundation trust and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order , and the reference in subsection (1) above to public business shall be construed accordingly.

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49 Public records.

Material which is comprised in public records within the meaning of the Public Records Act 1958, the Public Records (Scotland) Act 1937 or the Public Records Act (Northern Ireland) 1923 , or in Welsh public records (as defined in the the Government of Wales Act 2006), which are open to public inspection in pursuance of that Act, may be copied, and a copy may be supplied to any person, by or with the authority of any officer appointed under that Act, without infringement of copyright.

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50 Acts done under statutory authority.

(1) Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe copyright. (2) Subsection (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies in relation to an Act of Parliament. (3) Nothing in this section shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.

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50A Back up copies.

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use. (2) For the purposes of this section and sections 50B , 50BA and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program. (3) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

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50B Decompilation.

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program expressed in a low level language— (a) to convert it into a version expressed in a higher level language, or (b) incidentally in the course of so converting the program, to copy it, (that is, to “decompile” it), provided that the conditions in subsection (2) are met. (2) The conditions are that— (a) it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the program decompiled or with another program (“the permitted objective”); and (b) the information so obtained is not used for any purpose other than the permitted objective. (3) In particular, the conditions in subsection (2) are not met if the lawful user— (a) has readily available to him the information necessary to achieve the permitted objective; (b) does not confine the decompiling to such acts as are necessary to achieve the permitted objective; (c) supplies the information obtained by the decompiling to any person to whom it is not necessary to supply it in order to achieve the permitted objective; or (d) uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by copyright. (4) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

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