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.
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.
(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.
(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.
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.
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.
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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.
(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.
(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.
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.
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).
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).
(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.
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.
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.
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.
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.
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.
(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.
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.
(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.
(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.
(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.
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.
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.
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.
(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.
(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).
(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).