285 Offences committed by partnerships and bodies corporate.
(1) Proceedings for an offence under this Part alleged to have been committed by a partnership shall be brought in the name of the partnership and not in that of the partners; but without prejudice to any liability of theirs under subsection (4) below.
(2) The following provisions apply for the purposes of such proceedings as in relation to a body corporate—
(a) any rules of court relating to the service of documents;
(b) in England, Wales or Northern Ireland, Schedule 3 to the Magistrates’ Courts Act 1980 or Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence).
(3) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(4) Where a partnership is guilty of an offence under this Part, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(5) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In this Part—
“the comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;
“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate;
“the European list” means the list of professional representatives maintained by the European Patent Office in pursuance of the European Patent Convention;
“registered patent attorney” has the meaning given by section 275 (2);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
290 Limitation of costs where pecuniary claim could have been brought in patents county court.
(1) Where an action is commenced in the High Court which could have been commenced in a patents county court and in which a claim for a pecuniary remedy is made, then, subject to the provisions of this section, if the plaintiff recovers less than the prescribed amount, he is not entitled to recover any more costs than those to which he would have been entitled if the action had been brought in the county court.
(2) For this purpose a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a patents county court.
(3) This section does not affect any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the prescribed amount.
(4) The High Court, if satisfied that there was sufficient reason for bringing the action in the High Court, may make an order allowing the costs or any part of the costs on the High Court scale or on such one of the county court scales as it may direct.
(5) This section does not apply to proceedings brought by the Crown.
(6) In this section “the prescribed amount” means such amount as may be prescribed by Her Majesty for the purposes of this section by Order in Council.
(7) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.
293 Restriction of acts authorised by certain licences.
In paragraph 4(2)(c) of Schedule 1 to the Patents Act 1977 (licences to be available as of right where term of existing patent extended), at the end insert “, but subject to paragraph 4A below”, and after that paragraph insert—
4A (1) If the proprietor of a patent for an invention which is a product files a declaration with the Patent Office in accordance with this paragraph, the licences to which persons are entitled by virtue of paragraph 4(2)(c) above shall not extend to a use of the product which is excepted by or under this paragraph.
(2) Pharmaceutical use is excepted, that is—
(a) use as a medicinal product within the meaning of the Medicines Act 1968, and
(b) the doing of any other act mentioned in section 60(1)(a) above with a view to such use.
(3) The Secretary of State may by order except such other uses as he thinks fit; and an order may—
(a) specify as an excepted use any act mentioned in section 60(1)(a) above, and
(b) make different provision with respect to acts done in different circumstances or for different purposes.
(4) For the purposes of this paragraph the question what uses are excepted, so far as that depends on—
(a) orders under section 130 of the Medicines Act 1968 (meaning of “medicinal product”), or
(b) orders under sub-paragraph (3) above,
shall be determined in relation to a patent at the beginning of the sixteenth year of the patent.
(5) A declaration under this paragraph shall be in the prescribed form and shall be filed in the prescribed manner and within the prescribed time limits.
(6) A declaration may not be filed—
(a) in respect of a patent which has at the commencement of section 293 of the Copyright, Designs and Patents Act 1988 passed the end of its fifteenth year; or
(b) if at the date of filing there is—
(i) an existing licence for any description of excepted use of the product, or
(ii) an outstanding application under section 46(3)(a) or (b) above for the settlement by the comptroller of the terms of a licence for any description of excepted use of the product,
and, in either case, the licence took or is to take effect at or after the end of the sixteenth year of the patent.
(7) Where a declaration has been filed under this paragraph in respect of a patent—
(a) section 46(3)(c) above (restriction of remedies for infringement where licences available as of right) does not apply to an infringement of the patent in so far as it consists of the excepted use of the product after the filing of the declaration; and
(b) section 46(3)(d) above (abatement of renewal fee if licences available as of right) does not apply to the patent.
.
294 When application may be made for settlement of terms of licence.
In Schedule 1 to the Patents Act 1977, after the paragraph inserted by section 293 above, insert—
4B (1) An application under section 46(3)(a) or (b) above for the settlement by the comptroller of the terms on which a person is entitled to a licence by virtue of paragraph 4(2)(c) above is ineffective if made before the beginning of the sixteenth year of the patent.
(2) This paragraph applies to applications made after the commencement of section 294 of the Copyright, Designs and Patents Act 1988 and to any application made before the commencement of that section in respect of a patent which has not at the commencement of that section passed the end of its fifteenth year.
.
296 Devices designed to circumvent copy-protection.
(1) This section applies where—
(a) a technical device has been applied to a computer program; and
(b) a person (A) knowing or having reason to believe that it will be used to make infringing copies—
(i) manufactures for sale or hire, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire or has in his possession for commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device; or
(ii) publishes information intended to enable or assist persons to remove or circumvent the technical device.
(2) The following persons have the same rights against A as a copyright owner has in respect of an infringement of copyright—
(a) a person—
(i) issuing to the public copies of, or
(ii) communicating to the public,
the computer program to which the technical device has been applied;
(b) the copyright owner or his exclusive licensee, if he is not the person specified in paragraph (a);
(c) the owner or exclusive licensee of any intellectual property right in the technical device applied to the computer program.
(3) The rights conferred by subsection (2) are concurrent, and sections 101(3) and 102(1) to (4) apply, in proceedings under this section, in relation to persons with concurrent rights as they apply, in proceedings mentioned in those provisions, in relation to a copyright owner and exclusive licensee with concurrent rights.
(4) Further, the persons in subsection (2) have the same rights under section 99 or 100 (delivery up or seizure of certain articles) in relation to any such means as is referred to in subsection (1) which a person has in his possession, custody or control with the intention that it should be used to facilitate the unauthorised removal or circumvention of any technical device which has been applied to a computer program, as a copyright owner has in relation to an infringing copy.
(5) The rights conferred by subsection (4) are concurrent, and section 102(5) shall apply, as respects anything done under section 99 or 100 by virtue of subsection (4), in relation to persons with concurrent rights as it applies, as respects anything done under section 99 or 100, in relation to a copyright owner and exclusive licensee with concurrent rights.
(6) In this section references to a technical device in relation to a computer program are to any device intended to prevent or restrict acts that are not authorised by the copyright owner of that computer program and are restricted by copyright.
(7) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part 1 (copyright)—
(a) sections 104 to 106 of this Act (presumptions as to certain matters relating to copyright); and
(b) section 72 of the Senior Courts Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property);
and section 114 of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (4).
(8) Expressions used in this section which are defined for the purposes of Part 1 of this Act (copyright) have the same meaning as in that Part.
(1) This section applies where—
(a) effective technological measures have been applied to a copyright work other than a computer program; and
(b) a person (B) does anything which circumvents those measures knowing, or with reasonable grounds to know, that he is pursuing that objective.
(2) This section does not apply where a person, for the purposes of research into cryptography, does anything which circumvents effective technological measures unless in so doing, or in issuing information derived from that research, he affects prejudicially the rights of the copyright owner.
(3) The following persons have the same rights against B as a copyright owner has in respect of an infringement of copyright—
(a) a person—
(i) issuing to the public copies of, or
(ii) communicating to the public,
the work to which effective technological measures have been applied; and
(b) the copyright owner or his exclusive licensee, if he is not the person specified in paragraph (a).
(4) The rights conferred by subsection (3) are concurrent, and sections 101(3) and 102(1) to (4) apply, in proceedings under this section, in relation to persons with concurrent rights as they apply, in proceedings mentioned in those provisions, in relation to a copyright owner and exclusive licensee with concurrent rights.
(5) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part 1 (copyright)—
(a) sections 104 to 106 of this Act (presumptions as to certain matters relating to copyright); and
(b) section 72 of the Senior Courts Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property).
(6) Subsections (1) to (4) and (5)(b) and any other provision of this Act as it has effect for the purposes of those subsections apply, with any necessary adaptations, to rights in performances, publication right and database right.
(7) The provisions of regulation 22 (presumptions relevant to database right) of the Copyright and Rights in Databases Regulations 1997 (SI 1997/3032) apply in proceedings brought by virtue of this section in relation to database right.
296ZB Devices and services designed to circumvent technological measures
(1) A person commits an offence if he—
(a) manufactures for sale or hire, or
(b) imports otherwise than for his private and domestic use, or
(c) in the course of a business—
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) advertises for sale or hire, or
(iv) possesses, or
(v) distributes, or
(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.
(2) A person commits an offence if he provides, promotes, advertises or markets—
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.
(3) Subsections (1) and (2) do not make unlawful anything done by, or on behalf of, law enforcement agencies or any of the intelligence services—
(a) in the interests of national security; or
(b) for the purpose of the prevention or detection of crime, the investigation of an offence, or the conduct of a prosecution,
and in this subsection “ intelligence services ” has the meaning given in section 81 of the Regulation of Investigatory Powers Act 2000.
(4) A person guilty of an offence under subsection (1) or (2) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.
(5) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that—
(a) the device, product or component; or
(b) the service,
enabled or facilitated the circumvention of effective technological measures.
296ZC Devices and services designed to circumvent technological measures: search warrants and forfeiture
(1) The provisions of sections 297B (search warrants), 297C (forfeiture of unauthorised decoders: England and Wales or Northern Ireland) and 297D (forfeiture of unauthorised decoders: Scotland) apply to offences under section 296ZB with the following modifications.
(2) In section 297B the reference to an offence under section 297A(1) shall be construed as a reference to an offence under section 296ZB(1) or (2).
(3) In sections 297C(2)(a) and 297D(15) the references to an offence under section 297A(1) shall be construed as a reference to an offence under section 296ZB(1).
(4) In sections 297C and 297D references to unauthorised decoders shall be construed as references to devices, products or components for the purpose of circumventing effective technological measures.
296ZD Rights and remedies in respect of devices and services designed to circumvent technological measures
(1) This section applies where—
(a) effective technological measures have been applied to a copyright work other than a computer program; and
(b) a person (C) manufactures, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire, or has in his possession for commercial purposes any device, product or component, or provides services which—
(i) are promoted, advertised or marketed for the purpose of the circumvention of, or
(ii) have only a limited commercially significant purpose or use other than to circumvent, or
(iii) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of,
those measures.
(2) The following persons have the same rights against C as a copyright owner has in respect of an infringement of copyright—
(a) a person—
(i) issuing to the public copies of, or
(ii) communicating to the public,
the work to which effective technological measures have been applied;
(b) the copyright owner or his exclusive licensee, if he is not the person specified in paragraph (a); and
(c) the owner or exclusive licensee of any intellectual property right in the effective technological measures applied to the work.
(3) The rights conferred by subsection (2) are concurrent, and sections 101(3) and 102(1) to (4) apply, in proceedings under this section, in relation to persons with concurrent rights as they apply, in proceedings mentioned in those provisions, in relation to a copyright owner and exclusive licensee with concurrent rights.
(4) Further, the persons in subsection (2) have the same rights under section 99 or 100 (delivery up or seizure of certain articles) in relation to any such device, product or component which a person has in his possession, custody or control with the intention that it should be used to circumvent effective technological measures, as a copyright owner has in relation to any infringing copy.
(5) The rights conferred by subsection (4) are concurrent, and section 102(5) shall apply, as respects anything done under section 99 or 100 by virtue of subsection (4), in relation to persons with concurrent rights as it applies, as respects anything done under section 99 or 100, in relation to a copyright owner and exclusive licensee with concurrent rights.
(6) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part 1 (copyright)—
(a) sections 104 to 106 of this Act (presumptions as to certain matters relating to copyright); and
(b) section 72 of the Senior Courts Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property);
and section 114 of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (4).
(7) In section 97(1) (innocent infringement of copyright) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright subsisted in the work shall be construed as a reference to his not knowing or having reason to believe that his acts enabled or facilitated an infringement of copyright.
(8) Subsections (1) to (5), (6)(b) and (7) and any other provision of this Act as it has effect for the purposes of those subsections apply, with any necessary adaptations, to rights in performances, publication right and database right.
(9) The provisions of regulation 22 (presumptions relevant to database right) of the Copyright and Rights in Databases Regulations 1997 (SI 1997/3032) apply in proceedings brought by virtue of this section in relation to database right.
296ZE Remedy where effective technological measures prevent permitted acts
(1) In this section—
“ Marrakesh beneficiary” means a person who—
is blind,
has a visual impairment which cannot be improved so as to give the person visual function substantially equivalent to that of a person who has no such impairment, and who is, as a result, unable to read printed works to substantially the same degree as a person without such an impairment,
has a perceptual or reading disability and is, as a result, unable to read printed works to substantially the same degree as a person without such disability, or
is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would normally be acceptable for reading;
“Marrakesh work” means a work in the form of a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright, related rights or database rights and which is published or otherwise lawfully made publicly available;
“ permitted act ” means an act which may be done in relation to copyright works, notwithstanding the subsistence of copyright, by virtue of a provision of this Act listed in Part 1 of Schedule 5A;
“ voluntary measure or agreement ” means—
any measure taken voluntarily by a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program, or
any agreement between a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program and another party,
the effect of which is to enable a person to carry out a permitted act.
(2) Where the application of any effective technological measure to a copyright work other than a computer program prevents a person from carrying out a permitted act in relation to that work then that person or a person being a representative of a class of persons prevented from carrying out a permitted act may issue a notice of complaint to the Secretary of State.
(3) Following receipt of a notice of complaint, the Secretary of State may give to the owner of that copyright work or an exclusive licensee such directions as appear to the Secretary of State to be requisite or expedient for the purpose of—
(a) establishing whether any voluntary measure or agreement relevant to the copyright work the subject of the complaint subsists; or
(b) (where it is established there is no subsisting voluntary measure or agreement) ensuring that the owner or exclusive licensee of that copyright work makes available to the complainant the means of carrying out the permitted act the subject of the complaint to the extent necessary to so benefit from that permitted act.
(4) The Secretary of State may also give directions—
(a) as to the form and manner in which a notice of complaint in subsection (2) may be delivered to him;
(b) as to the form and manner in which evidence of any voluntary measure or agreement may be delivered to him; and
(c) generally as to the procedure to be followed in relation to a complaint made under this section;
and shall publish directions given under this subsection in such manner as in his opinion will secure adequate publicity for them.
(5) It shall be the duty of any person to whom a direction is given under subsection (3)(a) or (b) to give effect to that direction.
(6) The obligation to comply with a direction given under subsection (3)(b) is a duty owed to the complainant or, where the complaint is made by a representative of a class of persons, to that representative and to each person in the class represented; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).
(7) Any direction under this section may be varied or revoked by a subsequent direction under this section.
(8) Any direction given under this section shall be in writing.
(9) Subject to subsection (9A), This section does not apply to copyright works made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.
(9A) But this section does apply where the application of any effective technological measure to a Marrakesh work prevents the making of an accessible copy of that work under sections 31A, 31B or 31BA, or paragraphs 3A, 3B or 3C of Schedule 2, for the benefit of a Marrakesh beneficiary.
(10) This section applies only where a complainant has lawful access to the protected copyright work, or where the complainant is a representative of a class of persons, where the class of persons have lawful access to the work.
(11) Subsections (1) to (10) apply with any necessary adaptations to—
(a) rights in performances, and in this context the expression “ permitted act ” refers to an act that may be done by virtue of a provision of this Act listed in Part 2 of Schedule 5A;
(b) database right, and in this context the expression “ permitted act ” refers to an act that may be done by virtue of a provision of this Act listed in Part 3 of Schedule 5A; and
(c) publication right.
296ZEA Remedy where restrictive measures prevent or restrict personal copying
(1) This section applies where an individual is prevented from making a personal copy of a copyright work, or is restricted in the number of personal copies of it which may be made, because of a restrictive measure applied by or on behalf of the copyright owner.
(2) That individual, or a person being a representative of a class of such individuals, may issue a notice of complaint to the Secretary of State.
(3) Following receipt of a notice of complaint, the Secretary of State may give to the owner of that copyright work or an exclusive licensee such directions as appear to the Secretary of State to be requisite or expedient for the purpose of—
(a) establishing whether any voluntary measure or agreement relevant to the copyright work subsists, or
(b) (where it is established there is no subsisting voluntary measure or agreement) ensuring that the owner or exclusive licensee of that copyright work makes available to the complainant or the class of individuals represented by the complainant the means of benefiting from section 28B to the extent necessary to benefit from that section.
(4) In deciding whether to give such directions, the Secretary of State must consider whether the restrictive measure unreasonably prevents or restricts the making of personal copies, in particular having regard to—
(a) the right of the copyright owner to adopt adequate measures limiting the number of personal copies which may be made, and
(b) whether other copies of the work are commercially available on reasonable terms by or with the authority of the copyright owner in a form which does not prevent or unreasonably restrict the making of personal copies.
(5) The Secretary of State may also give directions—
(a) as to the form and manner in which a notice of complaint in subsection (2) may be delivered,
(b) as to the form and manner in which evidence of any voluntary measure or agreement may be delivered, and
(c) generally as to the procedure to be followed in relation to a complaint made under this section,
and shall publish directions given under this subsection in such manner as the Secretary of State thinks will secure adequate publicity for them.
(6) Subsections (5) to (8) of section 296ZE—
(a) apply to directions under subsection (3)(a) or (b) as they apply to directions under section 296ZE(3)(a) or (b), and
(b) apply to directions under subsection (5) as they apply to directions under section 296ZE(4).
(7) This section does not apply to copyright works made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.
(8) In this section—
“restrictive measure” means any technology, device or component designed, in the normal course of its operation, to protect the rights of copyright owners, which has the effect of preventing a copyright work from being copied (in whole or in part) or restricting the number of copies which may be made;
“personal copy” means a copy of a copyright work which may be made under section 28B;
“voluntary measure or agreement” has the same meaning as in section 296ZE, except that the reference to carrying out a permitted act is to be read as a reference to making a personal copy.
(9) Subsections (1) to (8) apply with any necessary adaptations to—
(a) rights in performances, and in this context “personal copy” refers to a copy of a recording of a performance which may be made under paragraph 1B of Schedule 2 without infringing the rights conferred by Chapter 2 of Part II (rights in performances), and
(b) publication right.
(1) In sections 296ZA to 296ZE, “technological measures” are any technology, device or component which is designed, in the normal course of its operation, to protect a copyright work other than a computer program.
(2) Such measures are “effective” if the use of the work is controlled by the copyright owner through—
(a) an access control or protection process such as encryption, scrambling or other transformation of the work, or
(b) a copy control mechanism,
which achieves the intended protection.
(3) In this section, the reference to—
(a) protection of a work is to the prevention or restriction of acts that are not authorised by the copyright owner of that work and are restricted by copyright; and
(b) use of a work does not extend to any use of the work that is outside the scope of the acts restricted by copyright.
(4) Expressions used in sections 296ZA to 296ZEA which are defined for the purposes of Part 1 of this Act (copyright) have the same meaning as in that Part.
(1) This section applies where a person (D), knowingly and without authority, removes or alters electronic rights management information which—
(a) is associated with a copy of a copyright work, or
(b) appears in connection with the communication to the public of a copyright work, and
where D knows, or has reason to believe, that by so doing he is inducing, enabling, facilitating or concealing an infringement of copyright.
(2) This section also applies where a person (E), knowingly and without authority, distributes, imports for distribution or communicates to the public copies of a copyright work from which electronic rights management information—
(a) associated with the copies, or
(b) appearing in connection with the communication to the public of the work,
has been removed or altered without authority and where E knows, or has reason to believe, that by so doing he is inducing, enabling, facilitating or concealing an infringement of copyright.
(3) A person issuing to the public copies of, or communicating, the work to the public, has the same rights against D and E as a copyright owner has in respect of an infringement of copyright.
(4) The copyright owner or his exclusive licensee, if he is not the person issuing to the public copies of, or communicating, the work to the public, also has the same rights against D and E as he has in respect of an infringement of copyright.
(5) The rights conferred by subsections (3) and (4) are concurrent, and sections 101(3) and 102(1) to (4) apply, in proceedings under this section, in relation to persons with concurrent rights as they apply, in proceedings mentioned in those provisions, in relation to a copyright owner and exclusive licensee with concurrent rights.
(6) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part 1 (copyright)—
(a) sections 104 to 106 of this Act (presumptions as to certain matters relating to copyright); and
(b) section 72 of the Senior Courts Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property).
(7) In this section—
(a) expressions which are defined for the purposes of Part 1 of this Act (copyright) have the same meaning as in that Part; and
(b) “ rights management information ” means any information provided by the copyright owner or the holder of any right under copyright which identifies the work, the author, the copyright owner or the holder of any intellectual property rights, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information.
(8) Subsections (1) to (5) and (6)(b), and any other provision of this Act as it has effect for the purposes of those subsections, apply, with any necessary adaptations, to rights in performances, publication right and database right.
(9) The provisions of regulation 22 (presumptions relevant to database right) of the Copyright and Rights in Databases Regulations 1997 (SI 1997/3032) apply in proceedings brought by virtue of this section in relation to database right.
(1) Where a person has the use of a computer program under an agreement, any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict—
(a) the making of any back up copy of the program which it is necessary for him to have for the purposes of the agreed use;
(b) where the conditions in section 50B(2) are met, the decompiling of the program; or
(c) the observing, studying or testing of the functioning of the program in accordance with section 50BA.
(2) In this section, decompile, in relation to a computer program, has the same meaning as in section 50B
296B Avoidance of certain terms relating to databases
Where under an agreement a person has a right to use a database or part of a database, any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict the performance of any act which would but for section 50D infringe the copyright in the database.
(1) A person who dishonestly receives a programme included in a broadcasting . . . service provided from a place in the United Kingdom with intent to avoid payment of any charge applicable to the reception of the programme commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.
(1) A person commits an offence if he—
(a) makes, imports, distributes, sells or lets for hire or offers or exposes for sale or hire any unauthorised decoder;
(b) has in his possession for commercial purposes any unauthorised decoder;
(c) instals, maintains or replaces for commercial purposes any unauthorised decoder; or
(d) advertises any unauthorised decoder for sale or hire or otherwise promotes any unauthorised decoder by means of commercial communications.
(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both.
(3) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that the decoder was an unauthorised decoder.
(4) In this section—
“apparatus” includes any device, component or electronic data (including software);
“conditional access technology” means any technical measure or arrangement whereby access to encrypted transmissions in an intelligbile form is made conditional on prior individual authorisation;
“decoder” means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded;
“encrypted” includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application;
“transmission” means—
any programme included in a broadcasting . . . service which is provided from a place in the United Kingdom...; or
an information society service (within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 , as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998 ) which is provided from a place in the United Kingdom ...; and
“unauthorised”, in relation to a decoder, means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means).
(1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—
(a) that an offence under section 297A(1) has been or is about to be committed in any premises, and
(b) that evidence that such an offence has been or is about to be committed is in those premises,
he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
(2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material).
(3) A warrant under subsection (1)—
(a) may authorise persons to accompany any constable executing the warrant, and
(b) remains in force for three months from the date of its issue.
(4) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 297A(1) has been or is about to be committed.
(5) In this section “ premises ” includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.
297C Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
(1) In England and Wales or Northern Ireland where unauthorised decoders have come into the possession of any person in connection with the investigation or prosecution of a relevant offence, that person may apply under this section for an order for the forfeiture of the unauthorised decoders.
(2) For the purposes of this section “relevant offence” means—
(a) an offence under section 297A(1) (criminal liability for making, importing, etc. unauthorised decoders),
(b) an offence under the Trade Descriptions Act 1968,
(ba) an offence under the Business Protection from Misleading Marketing Regulations 2008,
(bb) an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or
(c) an offence involving dishonesty or deception.
(3) An application under this section may be made—
(a) where proceedings have been brought in any court for a relevant offence relating to some or all of the unauthorised decoders, to that court, or
(b) where no application for the forfeiture of the unauthorised decoders has been made under paragraph (a), by way of complaint to a magistrates’ court.
(4) On an application under this section, the court shall make an order for the forfeiture of any unauthorised decoders only if it is satisfied that a relevant offence has been committed in relation to the unauthorised decoders.
(5) A court may infer for the purposes of this section that such an offence has been committed in relation to any unauthorised decoders if it is satisfied that such an offence has been committed in relation to unauthorised decoders which are representative of the unauthorised decoders in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(6) Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court, or
(b) in Northern Ireland, to the county court.
(7) An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).
(8) Subject to subsection (9), where any unauthorised decoders are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
(9) On making an order under this section the court may direct that the unauthorised decoders to which the order relates shall (instead of being destroyed) be forfeited to a person who has rights or remedies under section 298 in relation to the unauthorised decoders in question, or dealt with in such other way as the court considers appropriate.
297D Forfeiture of unauthorised decoders: Scotland
(1) In Scotland the court may make an order under this section for the forfeiture of unauthorised decoders.
(2) An order under this section may be made—
(a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or
(b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.
(3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any unauthorised decoders only if it is satisfied that a relevant offence has been committed in relation to the unauthorised decoders.
(4) The court may infer for the purposes of this section that such an offence has been committed in relation to any unauthorised decoders if it is satisfied that such an offence has been committed in relation to unauthorised decoders which are representative of the unauthorised decoders in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the unauthorised decoders to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the unauthorised decoders should not be forfeited.
(6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995 (c. 46).
(7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, unauthorised decoders to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the unauthorised decoders should not be forfeited.
(8) The court shall not make an order following an application under subsection (2)(a)—
(a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or
(b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice.
(9) Where an order for the forfeiture of any unauthorised decoders is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why the unauthorised decoders should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.
(10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.
(11) An order following an application under subsection (2)(a) shall not take effect—
(a) until the end of the period of 21 days beginning with the day after the day on which the order is made, or
(b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned.
(12) An order under subsection (2)(b) shall not take effect—
(a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995 (c. 46), or
(b) if an appeal is made within that period, until the appeal is determined or abandoned.
(13) Subject to subsection (14), where any unauthorised decoders are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
(14) On making an order under this section the court may direct that the unauthorised decoders to which the order relates shall (instead of being destroyed) be forfeited to a person who has rights or remedies under section 298 in relation to the unauthorised decoders in question, or dealt with in such other way as the court considers appropriate.
(15) For the purposes of this section—
“relevant offence” means—
an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders),
an offence under the Trade Descriptions Act 1968,
an offence under the Business Protection from Misleading Marketing Regulations 2008,
an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or
any offence involving dishonesty or deception;
“the court” means—
in relation to an order made on an application under subsection (2)(a), the sheriff, and
in relation to an order made under subsection (2)(b), the court which imposed the penalty.
298 Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
(1) A person who—
(a) makes charges for the reception of programmes included in a broadcasting . . . service provided from a place in the United Kingdom ...,
(b) sends encrypted tranmissions of any other description from a place in the United Kingdom ..., or
(c) provides conditional access services from a place in the United Kingdom ...,
is entitled to the following rights and remedies.
(2) He has the same rights and remedies against a person—
(a) who—
(i) makes, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire,
(ii) has in his possession for commercial purposes, or
(iii) instals, maintains or replaces for commercial purposes,
any apparatus designed or adapted to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so, or
(b) who publishes or otherwise promotes by means of commercial communications any information which is calculated to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so,
as a copyright owner has in respect of an infringement of copyright.
(3) Further, he has the same rights under section 99 or 100 (delivery up or seizure of certain articles) in relation to any such apparatus as a copyright owner has in relation to an infringing copy.
(4) Section 72 of the Senior Courts Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property) apply to proceedings under this section as to proceedings under Part I of this Act (copyright).
(5) In section 97(1) (innocent infringement of copyright) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright subsisted in the work shall be construed as a reference to his not knowing or having reason to believe that his acts infringed the rights conferred by this section.
(6) Section 114 applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above.
(7) In this section “apparatus”, “conditional access technology” and “encrypted” have the same meanings as in section 297A, “transmission” includes transmissions as defined in that section and “conditional access services” means services comprising the provision of conditional access technology.
299 Supplementary provisions as to fraudulent reception.
(1) Her Majesty may by Order in Council—
(a) provide that section 297 applies in relation to programmes included in services provided from a country or territory outside the United Kingdom, and
(b) provide that section 298 applies in relation to such programmes and to encrypted transmissions sent from such a country or territory.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A statutory instrument containing an Order in Council under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Where sections 297 and 298 apply in relation to a broadcasting service ..., they also apply to any service run for the person providing that service, or a person providing programmes for that service, which consists wholly or mainly in the sending by means of a telecommunications system of sounds or visual images, or both.
(5) In sections 297 , 297A and 298, and this section, “programme” and “broadcasting”, and related expressions, have the same meaning as in Part I (copyright).
301 Provisions for the benefit of Great Ormond Street Hospital for Children.
The provisions of Schedule 6 have effect for conferring on GOSH Children's Charity for the benefit of Great Ormond Street Hospital for Children a right to a royalty in respect of the public performance, commercial publication or communication to the public of the play “Peter Pan” by Sir James Matthew Barrie, or of any adaptation of that work, notwithstanding that copyright in the work expired on 31st December 1987.
302 Financial assistance for certain international bodies.
(1) The Secretary of State may give financial assistance, in the form of grants, loans or guarantees to—
(a) any international organisation having functions relating to trade marks or other intellectual property, or
(b) any EU institution or other body established under any of the EU Treaties having any such functions,
with a view to the establishment or maintenance by that organisation, institution or body of premises in the United Kingdom.
(2) Any expenditure of the Secretary of State under this section shall be defrayed out of money provided by Parliament; and any sums received by the Secretary of State in consequence of this section shall be paid into the Consolidated Fund.
(1) The enactments specified in Schedule 7 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.
(2) The enactments specified in Schedule 8 are repealed to the extent specified.
(1) Provision as to the extent of Part I (copyright), Part II (rights in performances) and Part III (design right) is to be found in sections 157, 207 and 255 respectively; the extent of the other provisions of this Act is as follows.
(2) Parts IV to VII extend to England and Wales, Scotland and Northern Ireland, except that—
(a) sections 287 to 292 (patents county courts) extend to England and Wales only,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the amendments and repeals in Schedules 7 and 8 have the same extent as the enactments amended or repealed.
(3) The following provisions extend to the Isle of Man subject to any modifications contained in an Order made by Her Majesty in Council—
(a) sections 293 and 294 (patents: licences of right), and
(b) paragraphs 24 and 29 of Schedule 5 (patents: effect of filing international application for patent and power to extend time limits).
(4) Her Majesty may by Order in Council direct that the following provisions extend to the Isle of Man, with such exceptions and modifications as may be specified in the Order—
(a) Part IV (registered designs),
(b) Part V (patent agents),
(c) the provisions of Schedule 5 (patents: miscellaneous amendments) not mentioned in subsection (3) above,
(d) sections 297 to 299 (fraudulent reception of transmissions), and
(e) section 300 (fraudulent application or use of trade mark).
(5) Her Majesty may by Order in Council direct that sections 297 to 299 (fraudulent reception of transmissions) extend to any of the Channel Islands, with such exceptions and modifications as may be specified in the Order.
(6) Any power conferred by this Act to make provision by Order in Council for or in connection with the extent of provisions of this Act to a country outside the United Kingdom includes power to extend to that country, subject to any modifications specified in the Order, any provision of this Act which amends or repeals an enactment extending to that country.
(1) The following provisions of this Act come into force on Royal Assent—
paragraphs 24 and 29 of Schedule 5 (patents: effect of filing international application for patent and power to extend time limits);
section 301 and Schedule 6 (provisions for the benefit of the Hospital for Sick Children).
(2) Sections 293 and 294 (licences of right) come into force at the end of the period of two months beginning with the passing of this Act.
(3) The other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions and different purposes.
Codes of practice
1 (1) The Secretary of State may by regulations make provision for a licensing body to be required to adopt a code of practice that complies with criteria specified in the regulations.
(2) The regulations may provide that, if a licensing body fails to adopt such a code of practice, any code of practice that is approved for the purposes of that licensing body by the Secretary of State, or by a person designated by the Secretary of State under the regulations, has effect as a code of practice adopted by the body.
(3) The regulations must provide that a code is not to be approved for the purposes of provision under sub-paragraph (2) unless it complies with criteria specified in the regulations.
2 Regulations under paragraph 1 may make provision as to conditions that are to be satisfied, and procedures that are to be followed—
(a) before a licensing body is required to adopt a code of practice as described in paragraph 1(1);
(b) before a code of practice has effect as one adopted by a licensing body as described in paragraph 1(2).
Licensing code ombudsman
3 (1) The Secretary of State may by regulations make provision—
(a) for the appointment of a person (the “licensing code ombudsman”) to investigate and determine disputes about a licensing body's compliance with its code of practice;
(b) for the reference of disputes to the licensing code ombudsman;
(c) for the investigation and determination of a dispute so referred.
(2) Provision made under this paragraph may in particular include provision—
(a) about eligibility for appointment as the licensing code ombudsman;
(b) about the disputes to be referred to the licensing code ombudsman;
(c) requiring any person to provide information, documents or assistance to the licensing code ombudsman for the purposes of an investigation or determination;
(d) requiring a licensing body to comply with a determination of the licensing code ombudsman;
(e) about the payment of expenses and allowances to the licensing code ombudsman.
Code reviewer
4 (1) The Secretary of State may by regulations make provision—
(a) for the appointment by the Secretary of State of a person (the “code reviewer”) to review and report to the Secretary of State on—
(i) the codes of practice adopted by licensing bodies, and
(ii) compliance with the codes of practice;
(b) for the carrying out of a review and the making of a report by that person.
(2) The regulations must provide for the Secretary of State, before appointing a person as the code reviewer, to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees, members of licensing bodies, and the Intellectual Property Office.
(3) The regulations may, in particular, make provision—
(a) requiring any person to provide information, documents or assistance to the code reviewer for the purposes of a review or report;
(b) about the payment of expenses and allowances to the code reviewer.
(4) In this paragraph “ member ”, in relation to a licensing body, means a person on whose behalf the body is authorised to negotiate or grant licences.
Sanctions
5 (1) The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—
(a) a requirement to adopt a code of practice under provision within paragraph 1(1);
(b) a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);
(c) a requirement imposed on the body under any other provision made under this Schedule;
(d) an authorisation under regulations under section 116A or 116B;
(e) a requirement imposed by regulations under section 116A or 116B;
(f) an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;
(g) a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.
(2) The regulations may in particular provide for—
(a) the imposition of financial penalties or other sanctions;
(b) the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.
(3) The regulations must include provision—
(a) for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);
(b) for determining any sanction that may be imposed in respect of the failure to comply;
(c) for an appeal against a determination within paragraph (a) or (b).
(4) A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.
(5) The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.
(6) The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.
Fees
6 (1) The Secretary of State may by regulations require a licensing body to which regulations under any other paragraph of this Schedule apply to pay fees to the Secretary of State.
(2) The aggregate amount of fees payable under the regulations must not be more than the cost to the Secretary of State of administering the operation of regulations under this Schedule.
General
7 (1) The power to make regulations under this Schedule includes in particular power—
(a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;
(b) to make provision for bodies of a particular description, or carrying out activities of a particular description, not to be treated as licensing bodies for the purposes of requirements imposed under regulations under this Schedule;
(c) to make provision that applies only in respect of licensing bodies of a particular description, or only in respect of activities of a particular description;
(d) otherwise to make different provision for different purposes.
(2) Regulations under a paragraph of this Schedule may amend Part 1 or Part 2, or any other enactment or subordinate legislation passed or made before the paragraph in question comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.
(3) The power to make regulations is exercisable by statutory instrument.
(4) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8 References in this Schedule to a licensing body are to a body that is a licensing body for the purposes of Chapter 7 of Part 1 or Chapter 2 of Part 2, and references to licensees are to be construed accordingly.
SCHEDULE 1 Copyright: transitional provisions and savings
Section 170.
Introductory
1 (1) In this Schedule—
“the 1911 Act” means the Copyright Act 1911,
“the 1956 Act” means the Copyright Act 1956, and
“the new copyright provisions” means the provisions of this Act relating to copyright, that is, Part I (including this Schedule) and Schedules 3, 7 and 8 so far as they make amendments or repeals consequential on the provisions of Part I.
(2) References in this Schedule to “commencement”, without more, are to the date on which the new copyright provisions come into force.
(3) References in this Schedule to “existing works” are to works made before commencement; and for this purpose a work of which the making extended over a period shall be taken to have been made when its making was completed.
2 (1) In relation to the 1956 Act, references in this Schedule to a work include any work or other subject-matter within the meaning of that Act.
(2) In relation to the 1911 Act—
(a) references in this Schedule to copyright include the right conferred by section 24 of that Act in substitution for a right subsisting immediately before the commencement of that Act;
(b) references in this Schedule to copyright in a sound recording are to the copyright under that Act in records embodying the recording; and
(c) references in this Schedule to copyright in a film are to any copyright under that Act in the film (so far as it constituted a dramatic work for the purposes of that Act) or in photographs forming part of the film.
General principles: continuity of the law
3 The new copyright provisions apply in relation to things existing at commencement as they apply in relation to things coming into existence after commencement, subject to any express provision to the contrary.
4 (1) The provisions of this paragraph have effect for securing the continuity of the law so far as the new copyright provisions re-enact (with or without modification) earlier provisions.
(2) A reference in an enactment, instrument or other document to copyright, or to a work or other subject-matter in which copyright subsists, which apart from this Act would be construed as referring to copyright under the 1956 Act shall be construed, so far as may be required for continuing its effect, as being, or as the case may require, including, a reference to copyright under this Act or to works in which copyright subsists under this Act.
(3) Anything done (including subordinate legislation made), or having effect as done, under or for the purposes of a provision repealed by this Act has effect as if done under or for the purposes of the corresponding provision of the new copyright provisions.
(4) References (expressed or implied) in this Act or any other enactment, instrument or document to any of the new copyright provisions shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before commencement, a reference to corresponding earlier provisions.
(5) A reference (express or implied) in an enactment, instrument or other document to a provision repealed by this Act shall be construed, so far as may be required for continuing its effect, as a reference to the corresponding provision of this Act.
(6) The provisions of this paragraph have effect subject to any specific transitional provision or saving and to any express amendment made by this Act.
Subsistence of copyright
5 (1) Copyright subsists in an existing work after commencement only if copyright subsisted in it immediately before commencement.
(2) Sub-paragraph (1) does not prevent an existing work qualifying for copyright protection after commencement—
(a) under section 155 (qualification by virtue of first publication), ...
(b) by virtue of an Order under section 159 (application of Part I to countries to which it does not extend) , or
(c) where the work is an artistic work in which copyright subsists as a result of the disapplication of paragraph 6(1) by paragraph 6(1A)
6 (1) Copyright shall not subsist by virtue of this Act in an artistic work made before 1st June 1957 which at the time when the work was made constituted a design capable of registration under the Registered Designs Act 1949 or under the enactments repealed by that Act, and was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.
(1A) Sub-paragraph (1) does not apply to an artistic work which was on 1st July 1995 protected under the law of an EEA state relating to copyright or related rights.
(2) For this purpose a design shall be deemed to be used as a model or pattern to be multiplied by any industrial process—
(a) when the design is reproduced or is intended to be reproduced on more than 50 single articles, unless all the articles in which the design is reproduced or is intended to be reproduced together form only a single set of articles as defined in section 44(1) of the Registered Designs Act 1949, or
(b) when the design is to be applied to—
(i) printed paper hangings,
(ii) carpets, floor cloths or oil cloths, manufactured or sold in lengths or pieces,
(iii) textile piece goods, or textile goods manufactured or sold in lengths or pieces, or
(iv) lace, not made by hand.
7 (1) No copyright subsists in a film, as such, made before 1st June 1957.
(2) Where a film made before that date was an original dramatic work within the meaning of the 1911 Act, the new copyright provisions have effect in relation to the film as if it was an original dramatic work within the meaning of Part I.
(3) The new copyright provisions have effect in relation to photographs forming part of a film made before 1st June 1957 as they have effect in relation to photographs not forming part of a film.
8 (1) A film sound-track to which section 13(9) of the 1956 Act applied before commencement (film to be taken to include sounds in associated sound-track) shall be treated for the purposes of the new copyright provisions not as part of the film, but as a sound recording.
(2) However—
(a) copyright subsists in the sound recording only if copyright subsisted in the film immediately before commencement, and it continues to subsist until copyright in the film expires;
(b) the author and first owner of copyright in the film shall be treated as having been author and first owner of the copyright in the sound recording; and
(c) anything done before commencement under or in relation to the copyright in the film continues to have effect in relation to the sound recording as in relation to the film.
9 No copyright subsists in—
(a) a wireless broadcast made before 1st June 1957, or
(b) a broadcast by cable made before 1st January 1985;
and any such broadcast shall be disregarded for the purposes of section 14(5) (duration of copyright in repeats).
Authorship of work
10 The question who was the author of an existing work shall be determined in accordance with the new copyright provisions for the purposes of the rights conferred by Chapter IV of Part I (moral rights), and for all other purposes shall be determined in accordance with the law in force at the time the work was made.
First ownership of copyright
11 (1) The question who was first owner of copyright in an existing work shall be determined in accordance with the law in force at the time the work was made.
(2) Where before commencement a person commissioned the making of a work in circumstances falling within—
(a) section 4(3) of the 1956 Act or paragraph (a) of the proviso to section 5(1) of the 1911 Act (photographs, portraits and engravings), or
(b) the proviso to section 12(4) of the 1956 Act (sound recordings),
those provisions apply to determine first ownership of copyright in any work made in pursuance of the commission after commencement.
Duration of copyright in existing works
12 (1) The following provisions have effect with respect to the duration of copyright in existing works.
The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.
(2) Copyright in the following descriptions of work continues to subsist until the date on which it would have expired under the 1956 Act—
(a) literary, dramatic or musical works in relation to which the period of 50 years mentioned in the proviso to section 2(3) of the 1956 Act (duration of copyright in works made available to the public after the death of the author) has begun to run;
(b) engravings in relation to which the period of 50 years mentioned in the proviso to section 3(4) of the 1956 Act (duration of copyright in works published after the death of the author) has begun to run;
(c) published photographs and photographs taken before 1st June 1957;
(d) published sound recordings and sound recordings made before 1st June 1957;
(e) published films and films falling within section 13(3)(a) of the 1956 Act (films registered under former enactments relating to registration of films).
(3) Copyright in anonymous or pseudonymous literary, dramatic, musical or artistic works (other than photographs) continues to subsist—
(a) if the work is published, until the date on which it would have expired in accordance with the 1956 Act, and
(b) if the work is unpublished, until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force or, if during that period the work is first made available to the public within the meaning of section 12(3) (duration of copyright in works of unknown authorship), the date on which copyright expires in accordance with that provision;
unless, in any case, the identity of the author becomes known before that date, in which case section 12(2) applies (general rule: life of the author plus 70).
(4) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force—
(a) literary, dramatic and musical works of which the author has died and in relation to which none of the acts mentioned in paragraphs (a) to (e) of the proviso to section 2(3) of the 1956 Act has been done;
(b) unpublished engravings of which the author has died;
(c) unpublished photographs taken on or after 1st June 1957.
(5) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force—
(a) unpublished sound recordings made on or after 1st June 1957;
(b) films not falling within sub-paragraph (2)(e) above,
unless the recording or film is published before the end of that period in which case copyright in it shall continue until the end of the period of 50 years from the end of the calendar year in which the recording or film is published.
(6) Copyright in any other description of existing work continues to subsist until the date on which copyright in that description of work expires in accordance with sections 12 to 15 of this Act.
(7) The above provisions do not apply to works subject to Crown or Parliamentary copyright (see paragraphs 41 to 43 below).
Perpetual copyright under the Copyright Act 1775
13 (1) The rights conferred on universities and colleges by the Copyright Act 1775 shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force and shall then expire.
(2) The provisions of the following Chapters of Part I—
Chapter III (acts permitted in relation to copyright works),
Chapter VI (remedies for infringement),
Chapter VII (provisions with respect to copyright licensing), and
Chapter VIII (the Copyright Tribunal),
apply in relation to those rights as they apply in relation to copyright under this Act.
Acts infringing copyright
14 (1) The provisions of Chapters II and III of Part I as to the acts constituting an infringement of copyright apply only in relation to acts done after commencement; the provisions of the 1956 Act continue to apply in relation to acts done before commencement.
(2) So much of section 18(2) as extends the restricted act of issuing copies to the public to include the rental to the public of copies of sound recordings, films or computer programs does not apply in relation to a copy of a sound recording, film or computer program acquired by any person before commencement for the purpose of renting it to the public.
(3) For the purposes of section 27 (meaning of “infringing copy”) the question whether the making of an article constituted an infringement of copyright, or would have done if the article had been made in the United Kingdom, shall be determined—
(a) in relation to an article made on or after 1st June 1957 and before commencement, by reference to the 1956 Act, and
(b) in relation to an article made before 1st June 1957, by reference to the 1911 Act.
(4) For the purposes of the application of sections 31(2), 51(2) and 62(3) (subsequent exploitation of things whose making was, by virtue of an earlier provision of the section, not an infringement of copyright) to things made before commencement, it shall be assumed that the new copyright provisions were in force at all material times.
(5) Section 55 (articles for producing material in a particular typeface) applies where articles have been marketed as mentioned in subsection (1) before commencement with the substitution for the period mentioned in subsection (3) of the period of 25 years from the end of the calendar year in which the new copyright provisions come into force.
(6) Section 56 (transfer of copies, adaptations, &c. of work in electronic form) does not apply in relation to a copy purchased before commencement.
(7) In section 65 (reconstruction of buildings) the reference to the owner of the copyright in the drawings or plans is, in relation to buildings constructed before commencement, to the person who at the time of the construction was the owner of the copyright in the drawings or plans under the 1956 Act, the 1911 Act or any enactment repealed by the 1911 Act.
15 (1) Section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author) has effect in relation to existing works subject to the following provisions.
(2) Subsection (1)(b)(i) (assumption as to expiry of copyright) does not apply in relation to—
(a) photographs, or
(b) the rights mentioned in paragraph 13 above (rights conferred by the Copyright Act 1775).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 The following provisions of section 7 of the 1956 Act continue to apply in relation to existing works—
(a) subsection (6) (copying of unpublished works from manuscript or copy in library, museum or other institution);
(b) subsection (7) (publication of work containing material to which subsection (6) applies), except paragraph (a) (duty to give notice of intended publication);
(c) subsection (8) (subsequent broadcasting, performance, &c. of material published in accordance with subsection (7));
and subsection (9)(d) (illustrations) continues to apply for the purposes of those provisions.
17 Where in the case of a dramatic or musical work made before 1st July 1912, the right conferred by the 1911 Act did not include the sole right to perform the work in public, the acts restricted by the copyright shall be treated as not including—
(a) performing the work in public,
(b) communicating the work to the public, or
(c) doing any of the above in relation to an adaptation of the work;
and where the right conferred by the 1911 Act consisted only of the sole right to perform the work in public, the acts restricted by the copyright shall be treated as consisting only of those acts.
18 Where a work made before 1st July 1912 consists of an essay, article or portion forming part of and first published in a review, magazine or other periodical or work of a like nature, the copyright is subject to any right of publishing the essay, article, or portion in a separate form to which the author was entitled at the commencement of the 1911 Act, or would if that Act had not been passed, have become entitled under section 18 of the Copyright Act 1842.
Designs
19 (1) Section 51 (exclusion of copyright protection in relation to works recorded or embodied in design document or models) does not apply for ten years after commencement in relation to a design recorded or embodied in a design document or model before commencement.
(2) During those ten years the following provisions of Part III (design right) apply to any relevant copyright as in relation to design right—
(a) sections 237 to 239 (availability of licences of right), and
(b) sections 247 and 248 (application to comptroller to settle terms of licence of right).
(3) In section 237 as it applies by virtue of this paragraph, for the reference in subsection (1) to the last five years of the design right term there shall be substituted a reference to the last five years of the period of ten years referred to in sub-paragraph (1) above, or to so much of those last five years during which copyright subsists.
(4) In section 239 as it applies by virtue of this paragraph, for the reference in subsection (1)(b) to section 230 there shall be substituted a reference to section 99.
(5) Where a licence of right is available by virtue of this paragraph, a person to whom a licence was granted before commencement may apply to the comptroller for an order adjusting the terms of that licence.
(6) The provisions of sections 249 and 250 (appeals and rules) apply in relation to proceedings brought under or by virtue of this paragraph as to proceedings under Part III.
(7) A licence granted by virtue of this paragraph shall relate only to acts which would be permitted by section 51 if the design document or model had been made after commencement.
(8) Section 100 (right to seize infringing copies, &c.) does not apply during the period of ten years referred to in sub-paragraph (1) in relation to anything to which it would not apply if the design in question had been first recorded or embodied in a design document or model after commencement.
(9) Nothing in this paragraph affects the operation of any rule of law preventing or restricting the enforcement of copyright in relation to a design.
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abolition of statutory recording licence
21 Section 8 of the 1956 Act (statutory licence to copy records sold by retail) continues to apply where notice under subsection (1)(b) of that section was given before the repeal of that section by this Act, but only in respect of the making of records—
(a) within one year of the repeal coming into force, and
(b) up to the number stated in the notice as intended to be sold.
Moral rights
22 (1) No act done before commencement is actionable by virtue of any provision of Chapter IV of Part I (moral rights).
(2) Section 43 of the 1956 Act (false attribution of authorship) continues to apply in relation to acts done before commencement.
23 (1) The following provisions have effect with respect to the rights conferred by—
(a) section 77 (right to be identified as author or director), and
(b) section 80 (right to object to derogatory treatment of work).
(2) The rights do not apply—
(a) in relation to a literary, dramatic, musical and artistic work of which the author died before commencement; or
(b) in relation to a film made before commencement.
(3) The rights in relation to an existing literary, dramatic, musical or artistic work do not apply—
(a) where copyright first vested in the author, to anything which by virtue of an assignment of copyright made or licence granted before commencement may be done without infringing copyright;
(b) where copyright first vested in a person other than the author, to anything done by or with the licence of the copyright owner.
(4) The rights do not apply to anything done in relation to a record made in pursuance of section 8 of the 1956 Act (statutory recording licence).
24 The right conferred by section 85 (right to privacy of certain photographs and films) does not apply to photographs taken or films made before commencement.
Assignments and licences
25 (1) Any document made or event occurring before commencement which had any operation—
(a) affecting the ownership of the copyright in an existing work, or
(b) creating, transferring or terminating an interest, right or licence in respect of the copyright in an existing work,
has the corresponding operation in relation to copyright in the work under this Act.
(2) Expressions used in such a document shall be construed in accordance with their effect immediately before commencement.
26 (1) Section 91(1) of this Act (assignment of future copyright: statutory vesting of legal interest on copyright coming into existence) does not apply in relation to an agreement made before 1st June 1957.
(2) The repeal by this Act of section 37(2) of the 1956 Act (assignment of future copyright: devolution of right where assignee dies before copyright comes into existence) does not affect the operation of that provision in relation to an agreement made before commencement.
27 (1) Where the author of a literary, dramatic, musical or artistic work was the first owner of the copyright in it, no assignment of the copyright and no grant of any interest in it, made by him (otherwise than by will) after the passing of the 1911 Act and before 1st June 1957, shall be operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of 25 years from the death of the author.
(2) The reversionary interest in the copyright expectant on the termination of that period may after commencement be assigned by the author during his life but in the absence of any assignment shall, on his death, devolve on his legal personal representatives as part of his estate.
(3) Nothing in this paragraph affects—
(a) an assignment of the reversionary interest by a person to whom it has been assigned,
(b) an assignment of the reversionary interest after the death of the author by his personal representatives or any person becoming entitled to it, or
(c) any assignment of the copyright after the reversionary interest has fallen in.
(4) Nothing in this paragraph applies to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.
(5) In sub-paragraph (4) “collective work” means—
(a) any encyclopaedia, dictionary, yearbook, or similar work;
(b) a newspaper, review, magazine, or similar periodical; and
(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated.
28 (1) This paragraph applies where copyright subsists in a literary, dramatic, musical or artistic work made before 1st July 1912 in relation to which the author, before the commencement of the 1911 Act, made such an assignment or grant as was mentioned in paragraph (a) of the proviso to section 24(1) of that Act (assignment or grant of copyright or performing right for full term of the right under the previous law).
(2) If before commencement any event has occurred or notice has been given which by virtue of paragraph 38 of Schedule 7 to the 1956 Act had any operation in relation to copyright in the work under that Act, the event or notice has the corresponding operation in relation to copyright under this Act.
(3) Any right which immediately before commencement would by virtue of paragraph 38(3) of that Schedule have been exercisable in relation to the work, or copyright in it, is exercisable in relation to the work or copyright in it under this Act.
(4) If in accordance with paragraph 38(4) of that Schedule copyright would, on a date after the commencement of the 1956 Act, have reverted to the author or his personal representatives and that date falls after the commencement of the new copyright provisions—
(a) the copyright in the work shall revert to the author or his personal representatives, as the case may be, and
(b) any interest of any other person in the copyright which subsists on that date by virtue of any document made before the commencement of the 1911 Act shall thereupon determine.
29 Section 92(2) of this Act (rights of exclusive licensee against successors in title of person granting licence) does not apply in relation to an exclusive licence granted before commencement.
Bequests
30 (1) Section 93 of this Act (copyright to pass under will with original document or other material thing embodying unpublished work)—
(a) does not apply where the testator died before 1st June 1957, and
(b) where the testator died on or after that date and before commencement, applies only in relation to an original document embodying a work.
(2) In the case of an author who died before 1st June 1957, the ownership after his death of a manuscript of his, where such ownership has been acquired under a testamentary disposition made by him and the manuscript is of a work which has not been published or performed in public, is prima facie proof of the copyright being with the owner of the manuscript.
Remedies for infringement
31 (1) Sections 96 and 97 of this Act (remedies for infringement) apply only in relation to an infringement of copyright committed after commencement; section 17 of the 1956 Act continues to apply in relation to infringements committed before commencement.
(2) Sections 99 and 100 of this Act (delivery up or seizure of infringing copies, &c.) apply to infringing copies and other articles made before or after commencement; section 18 of the 1956 Act, and section 7 of the 1911 Act, (conversion damages, &c.), do not apply after commencement except for the purposes of proceedings begun before commencement.
(3) Sections 101 to 102 of this Act (rights and remedies of exclusive licensee) apply where sections 96 to 100 of this Act apply; section 19 of the 1956 Act continues to apply where section 17 or 18 of that Act applies.
(4) Sections 104 to 106 of this Act (presumptions) apply only in proceedings brought by virtue of this Act; section 20 of the 1956 Act continues to apply in proceedings brought by virtue of that Act.
32 Sections 101 and 102 of this Act (rights and remedies of exclusive licensee) do not apply to a licence granted before 1st June 1957.
33 (1) The provisions of section 107 of this Act (criminal liability for making or dealing with infringing articles, &c.) apply only in relation to acts done after commencement; section 21 of the 1956 Act (penalties and summary proceedings in respect of dealings which infringe copyright) continues to apply in relation to acts done before commencement.
(2) Section 109 of this Act (search warrants) applies in relation to offences committed before commencement in relation to which section 21A or 21B of the 1956 Act applied; sections 21A and 21B continue to apply in relation to warrants issued before commencement.
Copyright Tribunal: proceedings pending on commencement
34 (1) The Lord Chancellor may, after consultation with the Lord Advocate, by rules make such provision as he considers necessary or expedient with respect to proceedings pending under Part IV of the 1956 Act immediately before commencement.
(2) Rules under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Qualification for copyright protection
35 Every work in which copyright subsisted under the 1956 Act immediately before commencement shall be deemed to satisfy the requirements of Part I of this Act as to qualification for copyright protection.
Dependent territories
36 (1) The 1911 Act shall remain in force as part of the law of any dependent territory in which it was in force immediately before commencement until—
(a) the new copyright provisions come into force in that territory by virtue of an Order under section 157 of this Act (power to extend new copyright provisions), or
(b) in the case of any of the Channel Islands, the Act is repealed by Order under sub-paragraph (3) below.
(2) An Order in Council in force immediately before commencement which extends to any dependent territory any provisions of the 1956 Act shall remain in force as part of the law of that territory until—
(a) the new copyright provisions come into force in that territory by virtue of an Order under section 157 of this Act (power to extend new copyright provisions), or
(b) in the case of the Isle of Man, the Order is revoked by Order under sub-paragraph (3) below;
and while it remains in force such an Order may be varied under the provisions of the 1956 Act under which it was made.
(3) If it appears to Her Majesty that provision with respect to copyright has been made in the law of any of the Channel Islands or the Isle of Man otherwise than by extending the provisions of Part I of this Act, Her Majesty may by Order in Council repeal the 1911 Act as it has effect as part of the law of that territory or, as the case may be, revoke the Order extending the 1956 Act there.
(4) A dependent territory in which the 1911 or 1956 Act remains in force shall be treated, in the law of the countries to which Part I extends, as a country to which that Part extends; and those countries shall be treated in the law of such a territory as countries to which the 1911 Act or, as the case may be, the 1956 Act extends.
(5) If a country in which the 1911 or 1956 Act is in force ceases to be a colony of the United Kingdom, section 158 of this Act (consequences of country ceasing to be colony) applies with the substitution for the reference in subsection (3)(b) to the provisions of Part I of this Act of a reference to the provisions of the 1911 or 1956 Act, as the case may be.
(6) In this paragraph “dependent territory” means any of the Channel Islands, the Isle of Man or any colony.
37 (1) This paragraph applies to a country which immediately before commencement was not a dependent territory within the meaning of paragraph 36 above but—
(a) was a country to which the 1956 Act extended, or
(b) was treated as such a country by virtue of paragraph 39(2) of Schedule 7 to that Act (countries to which the 1911 Act extended or was treated as extending);
and Her Majesty may by Order in Council conclusively declare for the purposes of this paragraph whether a country was such a country or was so treated.
(2) A country to which this paragraph applies shall be treated as a country to which Part I extends for the purposes of sections 154 to 156 (qualification for copyright protection) until—
(a) an Order in Council is made in respect of that country under section 159 (application of Part I to countries to which it does not extend), or
(b) an Order in Council is made declaring that it shall cease to be so treated by reason of the fact that the provisions of the 1956 Act or, as the case may be, the 1911 Act, which extended there as part of the law of that country have been repealed or amended.
(3) A statutory instrument containing an Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Territorial waters and the continental shelf
38 Section 161 of this Act (application of Part I to things done in territorial waters or the United Kingdom sector of the continental shelf) does not apply in relation to anything done before commencement.
British ships, aircraft and hovercraft
39 Section 162 (British ships, aircraft and hovercraft) does not apply in relation to anything done before commencement.
Crown copyright
40 (1) Section 163 of this Act (general provisions as to Crown copyright) applies to an existing work if—
(a) section 39 of the 1956 Act applied to the work immediately before commencement, and
(b) the work is not one to which section 164, 165 or 166 applies (copyright in Acts, Measures and Bills and Parliamentary copyright: see paragraphs 42 and 43 below).
(2) Section 163 (1)(b) (first ownership of copyright) has effect subject to any agreement entered into before commencement under section 39(6) of the 1956 Act.
41 (1) The following provisions have effect with respect to the duration of copyright in existing works to which section 163 (Crown copyright) applies.
The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.
(2) Copyright in the following descriptions of work continues to subsist until the date on which it would have expired in accordance with the 1956 Act—
(a) published literary, dramatic or musical works;
(b) artistic works other than engravings or photographs;
(c) published engravings;
(d) published photographs and photographs taken before 1st June 1957;
(e) published sound recordings and sound recordings made before 1st June 1957;
(f) published films and films falling within section 13(3)(a) of the 1956 Act (films registered under former enactments relating to registration of films).
(3) Copyright in unpublished literary, dramatic or musical works continues to subsist until—
(a) the date on which copyright expires in accordance with section 163(3), or
(b) the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force,
whichever is the later.
(4) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force—
(a) unpublished engravings;
(b) unpublished photographs taken on or after 1st June 1957.
(5) Copyright in a film or sound recording not falling within sub-paragraph (2) above continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force, unless the film or recording is published before the end of that period, in which case copyright expires 50 years from the end of the calendar year in which it is published.
42 (1) Section 164 (copyright in Acts and Measures) applies to existing Acts of Parliament and Measures of the General Synod of the Church of England.
(2) References in that section to Measures of the General Synod of the Church of England include Church Assembly Measures.
Parliamentary copyright
43 (1) Section 165 of this Act (general provisions as to Parliamentary copyright) applies to existing unpublished literary, dramatic, musical or artistic works, but does not otherwise apply to existing works.
(2) Section 166 (copyright in Parliamentary Bills) does not apply—
(a) to a public Bill which was introduced into Parliament and published before commencement,
(b) to a private Bill of which a copy was deposited in either House before commencement, or
(c) to a personal Bill which was given a First Reading in the House of Lords before commencement.
Copyright vesting in certain international organisations
44 (1) Any work in which immediately before commencement copyright subsisted by virtue of section 33 of the 1956 Act shall be deemed to satisfy the requirements of section 168(1); but otherwise section 168 does not apply to works made or, as the case may be, published before commencement.
(2) Copyright in any such work which is unpublished continues to subsist until the date on which it would have expired in accordance with the 1956 Act, or the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force, whichever is the earlier.
Meaning of “publication”
45 Section 175(3) (construction of building treated as equivalent to publication) applies only where the construction of the building began after commencement.
Meaning of “unauthorised”
46 For the purposes of the application of the definition in section 178 (minor definitions) of the expression “unauthorised” in relation to things done before commencement—
(a) paragraph (a) applies in relation to things done before 1st June 1957 as if the reference to the licence of the copyright owner were a reference to his consent or acquiescence;
(b) paragraph (b) applies with the substitution for the words from “or, in a case” to the end of the words “or any person lawfully claiming under him”; and
(c) paragraph (c) shall be disregarded.
Section 189.
Introductory
1 (1) The provisions of this Schedule specify acts which may be done in relation to a performance or recording notwithstanding the rights conferred by this Chapter; they relate only to the question of infringement of those rights and do not affect any other right or obligation restricting the doing of any of the specified acts.
(2) No inference shall be drawn from the description of any act which may by virtue of this Schedule be done without infringing the rights conferred by this Chapter as to the scope of those rights.
(3) The provisions of this Schedule are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.
Making of temporary copies
1A The rights conferred by this Chapter are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
(a) a transmission of the recording in a network between third parties by an intermediary; or
(b) a lawful use of the recording;
and which has no independent economic significance.
Personal copies of recordings for private use
1B. (1) The making of a copy of a recording of a performance by an individual does not infringe the rights conferred by this Chapter provided that the copy—
(a) is a copy of—
(i) the individual’s own copy of the recording, or
(ii) a personal copy of the recording made by the individual,
(b) is made for the individual’s private use, and
(c) is made for ends which are neither directly nor indirectly commercial.
(2) In this paragraph “the individual’s own copy” is a copy of a recording which—
(a) has been lawfully acquired by the individual on a permanent basis,
(b) is not an illicit recording, and
(c) has not been made under any provision of this Schedule which permits the making of a copy without infringing the rights conferred by this Chapter.
(3) In this paragraph a “personal copy” means a copy made under this paragraph.
(4) The rights conferred by this Chapter in a recording are infringed if an individual transfers a personal copy of the recording to another person (otherwise than on a private and temporary basis), except where the transfer is authorised by the rights owner.
(5) If the rights conferred by this Chapter are infringed as set out in sub-paragraph (4), a personal copy which has been transferred is for all purposes subsequently treated as an illicit recording.
(6) The rights conferred by this Chapter in a recording are also infringed if an individual, having made a personal copy of the recording, transfers the individual’s own copy of the recording to another person (otherwise than on a private and temporary basis) and, after that transfer and without the consent of the rights owner, retains any personal copy.
(7) If the rights conferred by this Chapter are infringed as set out in sub-paragraph (6), any retained personal copy is for all purposes subsequently treated as an illicit recording.
(8) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(9) Expressions used but not defined in this paragraph have the same meaning as in section 28B.
Research and private study
1C. (1) Fair dealing with a performance or a recording of a performance for the purposes of research for a non-commercial purpose does not infringe the rights conferred by this Chapter.
(2) Fair dealing with a performance or recording of a performance for the purposes of private study does not infringe the rights conferred by this Chapter.
(3) Copying of a recording by a person other than the researcher or student is not fair dealing if—
(a) in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under paragraph 6F (copying by librarians: single copies of published recordings), or
(b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
(4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(5) Expressions used in this paragraph have the same meaning as in section 29.
Copies for text and data analysis for non-commercial research
1D. (1) The making of a copy of a recording of a performance by a person who has lawful access to the recording does not infringe any rights conferred by this Chapter provided that the copy is made in order that a person who has lawful access to the recording may carry out a computational analysis of anything recorded in the recording for the sole purpose of research for a non-commercial purpose.
(2) Where a copy of a recording has been made under this paragraph, the rights conferred by this Chapter are infringed if—
(a) the copy is transferred to any other person, except where the transfer is authorised by the rights owner, or
(b) the copy is used for any purpose other than that mentioned in sub-paragraph (1), except where the use is authorised by the rights owner.
(3) If a copy of a recording made under this paragraph is subsequently dealt with—
(a) it is to be treated as an illicit recording for the purposes of that dealing, and
(b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(4) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(5) Expressions used in this paragraph have the same meaning as in section 29A.
Criticism, reviews, quotation and news reporting
2 (1) Fair dealing with a performance or recording for the purpose of criticism or review, of that or another performance or recording, or of a work, does not infringe any of the rights conferred by this Chapter provided that the performance or recording has been made available to the public.
(1ZA) The rights conferred by this Chapter in a performance or a recording of a performance are not infringed by the use of a quotation from the performance or recording (whether for criticism or review or otherwise) provided that—
(a) the performance or recording has been made available to the public,
(b) the use of the quotation is fair dealing with the performance or recording, and
(c) the extent of the quotation is no more than is required by the specific purpose for which it is used.
(1A) Fair dealing with a performance or recording for the purpose of reporting current events does not infringe any of the rights conferred by this Chapter.
(1B) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of sub-paragraph (1ZA), would not infringe any right conferred by this Chapter, that term is unenforceable.
(2) Expressions used in this paragraph have the same meaning as in section 30.
Caricature, parody or pastiche
2A. (1) Fair dealing with a performance or a recording of a performance for the purposes of caricature, parody or pastiche does not infringe the rights conferred by this Chapter in the performance or recording.
(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 paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(3) Expressions used in this paragraph have the same meaning as in section 30A.
Incidental inclusion of performance or recording
3 (1) The rights conferred by this Chapter are not infringed by the incidental inclusion of a performance or recording in a sound recording, film or broadcast.
(2) Nor are those rights infringed by anything done in relation to copies of, or the playing, showing or communication to the public of, anything whose making was, by virtue of sub-paragraph (1), not an infringement of those rights.
(3) A performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording or broadcast if it is deliberately included.
(4) Expressions used in this paragraph have the same meaning as in section 31.
Disabled persons: copies of recordings for personal use
3A. (1) This paragraph applies if—
(a) a disabled person has lawful access to a copy of the whole or part of a recording of a performance, and
(b) the person’s disability prevents the person from enjoying the recording 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 recording referred to in sub-paragraph (1)(a) does not infringe the rights conferred by this Chapter if—
(a) the copy is made by the disabled person and or by a person acting on behalf of the disabled person,
(b) the copy is made for the disabled person’s personal use, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The rights conferred by this Chapter are infringed by the transfer of an accessible copy of a recording made under this paragraph to any person other than—
(a) a person by or for whom an accessible copy of the recording may be made under this paragraph, 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 rights owner.
(5) An accessible copy of a recording made under this paragraph is to be treated for all purposes as an illicit recording if it is held by a person at a time when the person does not fall within sub-paragraph (4)(a) or (b).
(6) If an accessible copy of a recording made under this paragraph is subsequently dealt with—
(a) it is to be treated as an illicit recording for the purposes of that dealing, and
(b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
Making communicating, making available, distributing or lending of accessible copies by authorised bodies
3B. (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 sub-paragraph (1A),
the body may, without infringing the rights conferred by this Chapter, 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 sub-paragraph 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) For the purposes of sub-paragraph (1), 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.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) An authorised body which has made an accessible copy of a recording under this paragraph 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 recording under this paragraph for the purposes of enabling that other body to make accessible copies of the recording.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) If an accessible copy of a recording made under this paragraph is subsequently dealt with—
(a) it is to be treated as an illicit recording for the purposes of that dealing, and
(b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(11) In this paragraph “dealt with” means sold or let for hire or offered or exposed for sale or hire.
Making communicating, making available, distributing or lending of intermediate copies by authorised bodies
3C. (1) An authorised body which is entitled to make an accessible copy of a recording of a performance under paragraph 3B may, without infringing the rights conferred by this Chapter, make a copy of the recording (“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 recording under this paragraph may communicate, make available, distribute or lend it on a non-profit basis it to another authorised body which is entitled to make accessible copies of the recording under paragraph 3B for the purposes of enabling that other body to make accessible copies of the recording.
(3) The rights conferred by this Chapter are infringed by the transfer of an intermediate copy made under this paragraph to a person other than another authorised body as permitted by sub-paragraph (2), except where the transfer is authorised by the rights owner.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accessible and intermediate copies: records
3D. (1) A person listed in sub-paragraph (2) may request an authorised body—
(a) making accessible copies under paragraph 3B, or
(b) making intermediate copies under paragraph 3C,
to provide the person with the information in sub-paragraph (4).
(2) On receipt of a request under sub-paragraph (1), an authorised body must provide the information to the person in an accessible way within in a reasonable time.
(3) The persons who may make a request under sub-paragraph (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.
Paragraphs 3A to 3D: interpretation and general
3E. (1) This paragraph supplements paragraphs 3A to 3D and includes definitions.
(2) “Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a recording of a performance 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 recording of a performance means a version of the recording which enables disabled persons to access that version, 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 recording, but
(b) must not include any changes to the recording which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.
(6) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of paragraph 3A, 3B or 3C, would not infringe any right conferred by this Chapter, that term is unenforceable.
(7) “Authorised body” has the meaning given in section 31F, and other expressions used in paragraphs 3A to 3D but not defined in this paragraph have the same meaning as in sections 31A to 31BB.
Illustration for instruction
4. (1) Fair dealing with a performance or a recording of a performance for the sole purpose of illustration for instruction does not infringe the rights conferred by this Chapter provided that the dealing is—
(a) for a non-commercial purpose, and
(b) by a person giving or receiving instruction (or preparing for giving or receiving instruction).
(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 paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(3) Expressions used in this paragraph have the same meaning as in section 32.
Playing or showing sound recording, film, or broadcastat educational establishment
5 (1) The playing or showing of a sound recording, film or broadcast at an educational establishment for the purposes of instruction before an audience consisting of teachers and pupils at the establishment and other persons directly connected with the activities of the establishment is not a playing or showing of a performance in public for the purposes of infringement of the rights conferred by this Chapter .
(2) 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.
(3) Expressions used in this paragraph have the same meaning as in section 34 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
Recording by educational establishments of broadcasts
6. (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 any of the rights conferred by this Chapter in relation to any performance or recording included in it, provided that the educational purposes are non-commercial.
(2) The rights conferred by this Chapter are not infringed where a recording of a broadcast or a copy of such a recording, made under sub-paragraph (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) Sub-paragraph (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 paragraph 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 recording made under this paragraph is subsequently dealt with—
(a) it is to be treated as an illicit recording for the purposes of that dealing, and
(b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(6) In this paragraph “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 sub-paragraph (2).
(7) Expressions used in this paragraph (other than “dealt with”) have the same meaning as in section 35 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
Copying and use of extracts of recordings by educational establishments
6ZA. (1) The copying of extracts of a recording of a performance by or on behalf of an educational establishment does not infringe any of the rights conferred by this Chapter in the recording provided that the copy is made for the purposes of instruction for a non-commercial purpose.
(2) The rights conferred by this Chapter are not infringed where an extract of a recording of a performance, made under sub-paragraph (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) Sub-paragraph (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) Not more than 5% of a recording may be copied under this paragraph by or on behalf of an educational establishment in any period of 12 months.
(5) Acts which would otherwise be permitted by this paragraph 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.
(6) The terms of a licence granted to an educational establishment authorising acts permitted by this paragraph are of no effect so far as they purport to restrict the proportion of a recording which may be copied (whether on payment or free of charge) to less than that which would be permitted by this paragraph.
(7) If a recording made under this paragraph is subsequently dealt with—
(a) it is to be treated as an illicit recording for the purposes of that dealing, and
(b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(8) In this paragraph “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 sub-paragraph (2).
(9) Expressions used in this paragraph (other than “dealt with”) have the same meaning as in section 36 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
Lending of copies by educational establishments
6A (1) The rights conferred by this Chapter are not infringed by the lending of copies of a recording of a performance by an educational establishment.
(2) Expressions used in this paragraph have the same meaning as in section 36A; and any provision with respect to the application of that section made under section 174(2) (instruction given elsewhere than an educational establishment) applies also for the purposes of this paragraph.
Lending of copies by libraries or archives
6B (1) The rights conferred by this Chapter are not infringed by the lending of copies of a recording of a performance by a ... library or archive (other than a public library) which is not conducted for profit.
(A1) The rights conferred by this Chapter are 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.
(A2) Expressions used in sub-paragraph (A1) have the same meaning as in section 40A(1).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Libraries and educational establishments etc : making recordings of performances available through dedicated terminals
6C. (1) The rights conferred by this Chapter in a recording of a performance are not infringed by an institution specified in sub-paragraph (2) communicating the recording to the public or making it available to the public by means of a dedicated terminal on its premises, if the conditions in sub-paragraph (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 recording or a copy of the recording—
(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 recording is subject.
Copying by librarians: supply of single copies to other libraries
6D. (1) A librarian may, if the conditions in sub-paragraph (2) are met, make a single copy of the whole or part of a published recording of a performance and supply it to another library, without infringing any rights conferred by this Chapter in the recording.
(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 recording.
(3) Where a library makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians etc : replacement copies of recordings
6E. (1) A librarian, archivist or curator of a library, archive or museum may, without infringing any rights conferred by this Chapter, make a copy of a recording of a performance in that institution’s permanent collection—
(a) in order to preserve or replace that recording in that collection, or
(b) where a recording in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the recording in the collection of that other library, archive or museum,
provided that the conditions in sub-paragraphs (2) and (3) are met.
(2) The first condition is that the recording 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 recording to achieve either of the purposes mentioned in sub-paragraph (1).
(4) The reference in sub-paragraph (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 sub-paragraph (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(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 paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians: single copies of published recordings
6F. (1) A librarian of a library which is not conducted for profit may, if the conditions in sub-paragraph (2) are met, make and supply a single copy of a reasonable proportion of a published recording without infringing any of the rights in the recording conferred by this Chapter.
(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 sub-paragraph (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 paragraph, 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 paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
(a) P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
(b) the copy supplied to P is to be treated as an illicit recording 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 paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians or archivists: single copies of unpublished recordings
6G. (1) A librarian or archivist may make and supply a single copy of the whole or part of a recording without infringing any of the rights conferred by this Chapter in the recording, 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 sub-paragraph (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 the rights conferred by this Chapter are infringed if—
(a) the recording had been published or communicated to the public before the date it was deposited in the library or archive, or
(b) the rights owner has prohibited the copying of the recording,
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 paragraph, 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 paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
(a) P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
(b) the copy supplied to P is to be treated as an illicit recording for all purposes.
Paragraphs 6B to 6G: interpretation
6H. Expressions used in paragraphs 6B to 6G have the same meaning as in sections 40A to 43.
Certain permitted uses of orphan works
6I. (1) The rights conferred by this Chapter are not infringed by a relevant body in the circumstances set out in paragraph 1(2) of Schedule ZA1 (subject to paragraph 6 of that Schedule).
(2) “Relevant body” has the meaning given by that Schedule.
Copy of work required to be made as condition of export
7 (1) 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 any right conferred by this Chapter to make that copy.
(2) Expressions used in this paragraph have the same meaning as in section 44.
Parliamentary and judicial proceedings
8 (1) The rights conferred by this Chapter are not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting such proceedings.
(2) Expressions used in this paragraph have the same meaning as in section 45.
Royal Commissions and statutory inquiries
9 (1) The rights conferred by this Chapter are not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry or for the purpose of reporting any such proceedings held in public.
(2) Expressions used in this paragraph have the same meaning as in section 46.
Public records
10 (1) 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 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 infringing any right conferred by this Chapter.
(2) Expressions used in this paragraph have the same meaning as in section 49.
Acts done under statutory authority
11 (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 the rights conferred by this Chapter .
(2) Sub-paragraph (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies to an Act of Parliament.
(3) Nothing in this paragraph shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.
(4) Expressions used in this paragraph have the same meaning as in section 50.
Transfer of copies of works in electronic form
12 (1) This paragraph applies where a recording of a performance in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to make further recordings in connection with his use of the recording.
(2) If there are no express terms—
(a) prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any consent or terminating any consent on a transfer, or
(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by this Chapter, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.
(3) The same applies where the original purchased recording is no longer usable and what is transferred is a further copy used in its place.
(4) The above provisions also apply on a subsequent transfer, with the substitution for references in sub-paragraph (2) to the purchaser of references to the subsequent transferor.
(5) This paragraph does not apply in relation to a recording purchased before the commencement of this Chapter.
(6) Expressions used in this paragraph have the same meaning as in section 56.
Use of recordings of spoken works in certain cases
13 (1) Where a recording of the reading or recitation of a literary work is made for the purpose—
(a) of reporting current events, or
(b) of communicating to the public the whole or part of the reading or recitation,
it is not an infringement of the rights conferred by this Chapter to use the recording (or to copy the recording and use the copy) for that purpose, provided the following conditions are met.
(2) The conditions are that—
(a) the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a broadcast . . . ;
(b) the making of the recording was not prohibited by or on behalf of the person giving the reading or recitation;
(c) the use made of the recording is not of a kind prohibited by or on behalf of that person before the recording was made; and
(d) the use is by or with the authority of a person who is lawfully in possession of the recording.
(3) Expressions used in this paragraph have the same meaning as in section 58.
Recordings of folksongs
14 (1) A recording of a performance of a song may be made for the purpose of including it in an archive maintained by a body not established or conducted for profit without infringing any of the rights conferred by this Chapter , provided the conditions in sub-paragraph (2) below are met.
(2) The conditions are that—
(a) the words are unpublished and of unknown authorship at the time the recording is made,
(b) the making of the recording does not infringe any copyright, and
(c) its making is not prohibited by any performer.
(3) A single copy of a recording made in reliance on sub-paragraph (1) and included in an archive referred to in that sub-paragraph may be made and supplied by the archivist without infringing any right conferred by this Chapter, provided that—
(a) the copy is supplied in response to a request from a person who has provided the archivist with a declaration in writing which includes the information set out in sub-paragraph (4), and
(b) the archivist is not aware that the declaration is false in a material particular.
(4) The information which must be included in the declaration is—
(a) the name of the person who requires the copy and the recording which is the subject of the request,
(b) a statement that the person has not previously been supplied with a copy of that recording by any archivist, 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.
(5) Where an archive makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(6) Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
(a) P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
(b) the copy supplied to P is to be treated as an illicit recording for all purposes.
(7) In this paragraph references to an archivist include a person acting on behalf of an archivist.
(8) Expressions used in this paragraph have the same meaning as in section 61.
Lending of certain recordings
14A (1) The Secretary of State may by order provide that in such cases as may be specified in the order the lending to the public of copies of films or sound recordings shall be treated as licensed by the performer subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal.
(2) No such order shall apply if, or to the extent that, there is a licensing scheme certified for the purposes of this paragraph under paragraph 16 of Schedule 2A providing for the grant of licences.
(3) An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies lent, the lender or the circumstances of the lending.
(4) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(5) Nothing in this section affects any liability under section 184(1)(b) (secondary infringement: possessing or dealing with illicit recording) in respect of the lending of illicit recordings.
(6) Expressions used in this paragraph have the same meaning as in section 66.
Playing of sound recordings for purposes of club, society, &c
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incidental recording for purposes of broadcast . . .
16 (1) A person who proposes to broadcast a recording of a performance . . . in circumstances not infringing the rights conferred by this Chapter shall be treated as having consent for the purposes of this Chapter for the making of a further recording for the purposes of the broadcast . . . .
(2) That consent is subject to the condition that the further recording—
(a) shall not be used for any other purpose, and
(b) shall be destroyed within 28 days of being first used for broadcasting the performance . . . .
(3) A recording made in accordance with this paragraph shall be treated as an illicit recording—
(a) for the purposes of any use in breach of the condition mentioned in sub-paragraph (2)(a), and
(b) for all purposes after that condition or the condition mentioned in sub-paragraph (2)(b) is broken.
(4) Expressions used in this paragraph have the same meaning as in section 68.
Recordings for purposes of supervision and control of broadcasts and other services
17 (1) The rights conferred by this Chapter are not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them or included in any on-demand programme service provided by them, of recordings of those programmes.
(2) The rights conferred by this Chapter are not infringed by anything done in pursuance of—
(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;
(b) a condition which, by virtue of section 334(1) of the Communications Act 2003 , is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; . . .
(c) a direction given under section 109(2) of the Broadcasting Act 1990 (power of OFCOM to require production of recordings etc ).
(d) section 334(3) , 368O(1) or (3) of the Communications Act 2003.
(3) The rights conferred by this Chapter are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4) In subsection (3), “existing material” means—
(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
(5) Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
(6) In this section “ on-demand programme service ” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).
Recording for the purposes of time-shifting
17A (1) The making in domestic premises for private and domestic use of a recording of a broadcast solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any right conferred by this Chapter in relation to a performance or recording included in the broadcast.
(2) Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
(a) it shall be treated as an illicit recording for the purposes of that dealing; and
(b) if that dealing infringes any right conferred by this Chapter , it shall be treated as an illicit recording for all subsequent purposes.
(3) In sub-paragraph (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
(4) Expressions used in this paragraph have the same meaning as in section 70.
Photographs of broadcasts
17B (1) The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any right conferred by this Chapter in relation to a performance or recording included in the broadcast.
(2) Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
(a) it shall be treated as an illicit recording for the purposes of that dealing; and
(b) if that dealing infringes any right conferred by this Chapter , it shall be treated as an illicit recording for all subsequent purposes.
(3) In sub-paragraph (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
(4) Expressions used in this paragraph have the same meaning as in section 71.
Free public showing or playing of broadcast . . .
18 (1) The showing or playing in public of a broadcast . . . to an audience who have not paid for admission to the place where the broadcast . . . is to be seen or heard does not infringe any right conferred by this Chapter in relation to a performance or recording included in—
(a) the broadcast . . . , or
(b) any sound recording (except so far as it is an excepted sound recording) or film which is played or shown in public by reception of the broadcast . . . .
(1A) The showing or playing in public of a broadcast to an audience who have not paid for admission to the place where the broadcast is to be seen or heard does not infringe any right conferred by this Chapter in relation to a performance or recording included in any excepted sound recording which is played in public by reception of the broadcast, if the playing or showing of that broadcast in public—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) is necessary for the purposes of—
(i) repairing equipment for the reception of broadcasts;
(ii) demonstrating that a repair to such equipment has been carried out; or
(iii) demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.
(2) The audience shall be treated as having paid for admission to a place—
(a) if they have paid for admission to a place of which that place forms part; or
(b) if goods or services are supplied at that place (or a place of which it forms part)—
(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast . . . , or
(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3) The following shall not be regarded as having paid for admission to a place—
(a) persons admitted as residents or inmates of the place;
(b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts . . . is only incidental to the main purposes of the club or society.
(4) Where the making of the broadcast . . . was an infringement of the rights conferred by this Chapter in relation to a performance or recording, the fact that it was heard or seen in public by the reception of the broadcast . . . shall be taken into account in assessing the damages for that infringement.
(5) Expressions used in this paragraph have the same meaning as in section 72.
Reception and re-transmission of wireless broadcast by cable
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of sub-titled copies of broadcast . . .
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recording of broadcast for archival purposes
21. (1) A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any right conferred by this Chapter in relation to a performance or recording included in the broadcast.
(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 paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(3) Expressions used in this paragraph have the same meaning as in section 75.
Licensing schemes and licensing bodies
1 (1) In this Chapter a “licensing scheme” means a scheme setting out—
(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant performers’ property right licences, and
(b) the terms on which licences would be granted in those classes of case;
and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
(2) In this Chapter a “licensing body” means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, whether as owner or prospective owner of a performer’s property rights or as agent for him, of performers’ property right licences, and whose objects include the granting of licences covering the performances of more than one performer.
(3) In this paragraph “performers’ property right licences” means licences to do, or authorise the doing of, any of the things for which consent is required under section 182A, 182B, 182C or 182CA .
(4) References in this Chapter to licences or licensing schemes covering the performances of more than one performer do not include licences or schemes covering only—
(a) performances recorded in a single recording,
(b) performances recorded in more than one recording where—
(i) the performers giving the performances are the same, or
(ii) the recordings are made by, or by employees of or commissioned by, a single individual, firm, company or group of companies. For purpose a group of companies means a holding company and its subsidiaries within the meaning of section 1159 of the Companies Act 2006.
(5) Schedule A1 confers powers to provide for the regulation of licensing bodies.
Power to provide for licensing of orphan rights
1A (1) The Secretary of State may by regulations provide for the grant of licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where—
(a) the performer's consent would otherwise be required under that section, but
(b) the right to authorise or prohibit the act qualifies as an orphan right under the regulations.
(2) The regulations may—
(a) specify a person or a description of persons authorised to grant licences, or
(b) provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences.
(3) The regulations must provide that, for a right to qualify as an orphan right, it is a requirement that the owner of the right has not been found after a diligent search made in accordance with the regulations.
(4) The regulations must provide for any licence—
(a) to have effect as if granted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(5) The regulations may apply in a case where it is not known whether a performer's right subsists, and references to a right, to a missing owner and to an interest of a missing owner are to be read as including references to a supposed right, owner or interest.
Extended collective licensing
1B (1) The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where the right to authorise or prohibit the act is not owned by the body or a person on whose behalf the body acts.
(2) An authorisation must specify the acts to which any of those sections applies that the licensing body is authorised to license.
(3) The regulations must provide for the rights owner to have a right to limit or exclude the grant of licences by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive rights.
General provision about licensing
1C (1) This paragraph and paragraph 1D apply to regulations under paragraphs 1A and 1B.
(2) The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations.
(3) The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences.
(4) The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or otherwise).
(5) The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn.
(6) The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision—
(a) for determining the rights and obligations of any person if a right ceases to qualify as an orphan right (or ceases to qualify by reference to any rights owner), or if a rights owner exercises the right referred to in paragraph 1B(3), while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work for incidental purposes including an application or search;
(d) for a right conferred by section 205C to be treated as having been asserted under section 205D;
(e) for the payment of fees to cover administrative expenses.
1D (1) The power to make regulations includes power—
(a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;
(b) to make transitional, transitory or saving provision;
(c) to make different provision for different purposes.
(2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.
(3) Regulations may make provision by reference to guidance issued from time to time by any person.
(4) The power to make regulations is exercisable by statutory instrument.
(5) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
References and applications with respect to licensing schemes
2 Paragraphs 3 to 8 (references and applications with respect to licensing schemes) apply to licensing schemes operated by licensing bodies in relation to a performer’s property rights which cover the performances of more than one performer, so far as they relate to licences for—
(a) copying a recording of the whole or any substantial part of a qualifying performance, . . .
(aa) making such a recording available to the public in the way mentioned in section 182CA(1), or.
(b) renting or lending copies of a recording to the public;
and in those paragraphs “licensing scheme” means a licensing scheme of any of those descriptions.
Reference of proposed licensing scheme to tribunal
3 (1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Copyright Tribunal by an organisation claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Reference of licensing scheme to tribunal
4 (1) If while a licensing scheme is in operation a dispute arises between the operator of the scheme and—
(a) a person claiming that he requires a licence in a case of a description to which the scheme applies, or
(b) an organisation claiming to be representative of such persons,
that person or organisation may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description.
(2) A scheme which has been referred to the Tribunal under this paragraph shall remain in operation until proceedings on the reference are concluded.
(3) The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Further reference of scheme to tribunal
5 (1) Where the Copyright Tribunal has on a previous reference of a licensing scheme under paragraph 3 or 4, or under this paragraph, made an order with respect to the scheme, then, while the order remains in force—
(a) the operator of the scheme,
(b) a person claiming that he requires a licence in a case of the description to which the order applies, or
(c) an organisation claiming to be representative of such persons,
may refer the scheme again to the Tribunal so far as it relates to cases of that description.
(2) A licensing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases—
(a) within twelve months from the date of the order on the previous reference, or
(b) if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of the order.
(3) A scheme which has been referred to the Tribunal under this paragraph shall remain in operation until proceedings on the reference are concluded.
(4) The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Application for grant of licence in connection with licensing scheme
6 (1) A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the Copyright Tribunal.
(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either—
(a) has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted, or
(b) proposes terms for a licence which are unreasonable,
may apply to the Copyright Tribunal.
(3) A case shall be regarded as excluded from a licensing scheme for the purposes of sub-paragraph (2) if—
(a) the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception, or
(b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.
(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Application for review of order as to entitlement to licence
7 (1) Where the Copyright Tribunal has made an order under paragraph 6 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order, or of the decision on a previous application under this paragraph, or
(b) if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this paragraph is due to expire within 15 months of that decision, until the last three months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.
Effect of order of tribunal as to licensing scheme
8 (1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal—
(a) under paragraph 3 (reference of terms of proposed scheme), or
(b) under paragraph 4 or 5 (reference of existing scheme to Tribunal),
shall be in force or, as the case may be, remain in operation, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force.
(2) While the order is in force a person who in a case of a class to which the order applies—
(a) pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained, and
(b) complies with the other terms applicable to such a licence under the scheme,
shall be in the same position as regards infringement of performers’ property rights as if he had at all material times been the holder of a licence granted by the rights owner in question in accordance with the scheme.
(3) The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation.
If such a direction is made—
(a) any necessary repayments, or further payments, shall be made in respect of charges already paid, and
(b) the reference in sub-paragraph (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order. No such direction may be made where sub-paragraph (4) below applies.
(4) An order of the Tribunal under paragraph 4 or 5 made with respect to a scheme which is certified for any purpose under paragraph 16 has effect, so far as it varies the scheme by reducing the charges payable for licences, from the date on which the reference was made to the Tribunal.
(5) Where the Tribunal has made an order under paragraph 6 (order as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose favour the order is made shall if he—
(a) pays to the operator of the scheme any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and
(b) complies with the other terms specified in the order,
be in the same position as regards infringement of performers’ property rights as if he had at all material times been the holder of a licence granted by the rights owner in question on the terms specified in the order.
References and applications with respect to licensing by licensing bodies
9 Paragraphs 10 to 13 (references and applications with respect to licensing by licensing bodies) apply to licences relating to a performer’s property rights which cover the performance of more than one performer granted by a licensing body otherwise than in pursuance of a licensing scheme, so far as the licences authorise—
(a) copying a recording of the whole or any substantial part of a qualifying performance, . . .
(aa) making such a recording available to the public in the way mentioned in section 182CA(1), or.
(b) renting or lending copies of a recording to the public;
and references in those paragraphs to a licence shall be construed accordingly.
Reference to tribunal of proposed licence
10 (1) The terms on which a licensing body proposes to grant a licence may be referred to the Copyright Tribunal by the prospective licensee.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms as it may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Reference to tribunal of expiring licence
11 (1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.
(2) Such an application may not be made until the last three months before the licence is due to expire.
(3) A licence in respect of which a reference has been made to the Tribunal shall remain in operation until proceedings on the reference are concluded.
(4) If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.
(5) An order of the Tribunal under this paragraph may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
Application for review of order as to licence
12 (1) Where the Copyright Tribunal has made an order under paragraph 10 or 11, the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order or of the decision on a previous application under this paragraph, or
(b) if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this paragraph is due to expire within 15 months of that decision, until the last three months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable in the circumstances.
Effect of order of tribunal as to licence
13 (1) Where the Copyright Tribunal has made an order under paragraph 10 or 11 and the order remains in force, the person entitled to the benefit of the order shall if he—
(a) pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and
(b) complies with the other terms specified in the order,
be in the same position as regards infringement of performers’ property rights as if he had at all material times been the holder of a licence granted by the rights owner in question on the terms specified in the order.
(2) The benefit of the order may be assigned—
(a) in the case of an order under paragraph 10, if assignment is not prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under paragraph 11, if assignment was not prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under paragraph 10 or 11, or an order under paragraph 12 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.
If such a direction is made—
(a) any necessary repayments, or further payments, shall be made in respect of charges already paid, and
(b) the reference in sub-paragraph (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.
General considerations: unreasonable discrimination
14 (1) In determining what is reasonable on a reference or application under this Schedule relating to a licensing scheme or licence, the Copyright Tribunal shall have regard to—
(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and
(b) the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.
(2) This does not affect the Tribunal’s general obligation in any case to have regard to all relevant circumstances.
Application to settle royalty or other sum payable for lending
15 (1) An application to settle the royalty or other sum payable in pursuance of paragraph 14A of Schedule 2 (lending of certain recordings) may be made to the Copyright Tribunal by the owner of a performer’s property rights or the person claiming to be treated as licensed by him.
(2) The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
(3) Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
(4) An application under sub-paragraph (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that sub-paragraph.
(5) An order under sub-paragraph (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.
Certification of licensing schemes
16 (1) A person operating or proposing to operate a licensing scheme may apply to the Secretary of State to certify the scheme for the purposes of paragraph ... 14A ... of Schedule 2 ( ... lending of certain recordings ... ) .
(2) The Secretary of State shall by order made by statutory instrument certify the scheme if he is satisfied that it—
(a) enables the works to which it relates to be identified with sufficient certainty by persons likely to require licences, and
(b) sets out clearly the charges (if any) payable and the other terms on which licences will be granted.
(3) The scheme shall be scheduled to the order and the certification shall come into operation for the purposes of the relevant paragraph of Schedule 2—
(a) on such date, not less than eight weeks after the order is made, as may be specified in the order, or
(b) if the scheme is the subject of a reference under paragraph 3 (reference of proposed scheme), any later date on which the order of the Copyright Tribunal under that paragraph comes into force or the reference is withdrawn.
(4) A variation of the scheme is not effective unless a corresponding amendment of the order is made; and the Secretary of State shall make such an amendment in the case of a variation ordered by the Copyright Tribunal on a reference under paragraph 3, 4 or 5, and may do so in any other case if he thinks fit.
(5) The order shall be revoked if the scheme ceases to be operated and may be revoked if it appears to the Secretary of State that it is no longer being operated according to its terms.
Powers exercisable in consequence of competition report
17 (1) Sub-paragraph (1A) applies where whatever needs to be remedied, mitigated or prevented by the Secretary of State or (as the case may be) the Competition and Markets Authority under section 12(5) of the Competition Act 1980 or section 41(2), 55(2), 66(6), 75(2), 83(2), 138(2), 147(2), 147A(2) or 160(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following references to the Competition and Markets Authority in connection with public bodies and certain other persons, mergers or market investigations etc. ) consists of or includes—
(a) conditions in licences granted by the owner of a performer’s property rights restricting the use to which a recording may be put by the licensee or the right of the owner to grant other licenses, or
(b) a refusal of an owner of a performer’s property rights to grant licences on reasonable terms.
(1A) The powers conferred by Schedule 8 to the Enterprise Act 2002 include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the performer’s property rights shall be available as of right.
(2) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in section 12(5A) of the Competition Act 1980 and in sections 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a) and 164(1) of, and paragraphs 5, 10 and 11 of Schedule 7 to, the Act of 2002 shall be construed accordingly.
(3) The Secretary of State or (as the case may be) the Competition and Markets Authority shall only exercise the powers available by virtue of this paragraph if he or it is satisfied that to do so does not contravene any Convention relating to performers’ rights to which the United Kingdom is a party.
(4) The terms of a licence available by virtue of this paragraph shall, in default of agreement, be settled by the Copyright Tribunal on an application by the person requiring the licence; and terms so settled shall authorise the licensee to do everything in respect of which a licence is so available.
(5) Where the terms of a licence are settled by the Tribunal, the licence has effect from the date on which the application to the Tribunal was made.