Copyright, Designs and Patents Act 1988
1988 c. 48 · Enacted 15 November 1988 · Extends to United Kingdom
C1An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.
[15th November 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2
Annotations to the whole text
Modifications
- C1
-
Act amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
- C2
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Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)
Contents
- Part I: Copyright
- Chapter I: Subsistence, ownership and duration of copyright
- Introductory
- 1Copyright and copyright works.
- 2Rights subsisting in copyright works.
- Descriptions of work and related provisions
- 3Literary, dramatic and musical works.
- 3ADatabases
- 4Artistic works.
- 5Sound recordings and films. Repealed
- 5ASound recordings.
- 5BFilms.
- 6Broadcasts.
- 6ASafeguards in case of certain satellite broadcasts.
- 7Cable programmes. Repealed
- 8Published editions.
- Authorship and ownership of copyright
- 9Authorship of work.
- 10Works of joint authorship.
- 10AWorks of co-authorship
- 11First ownership of copyright.
- Duration of copyright
- 12Duration of copyright in literary, dramatic, musical or artistic works.
- 13Duration of copyright in sound recordings and films. Repealed
- 13ADuration of copyright in sound recordings.
- 13BDuration of copyright in films.
- 14Duration of copyright in broadcasts . . . .
- 15Duration of copyright in typographical arrangement of published editions.
- 15AMeaning of country of origin.
- Chapter II: Rights of Copyright Owner
- The acts restricted by copyright
- 16The acts restricted by copyright in a work.
- 17Infringement of copyright by copying.
- 18Infringement by issue of copies to the public.
- 18AInfringement by rental or lending of work to the public.
- 19Infringement by performance, showing or playing of work in public.
- 20Infringement by communication to the public
- 21Infringement by making adaptation or act done in relation to adaptation.
- Secondary infringement of copyright
- 22Secondary infringement: importing infringing copy.
- 23Secondary infringement: possessing or dealing with infringing copy.
- 24Secondary infringement: providing means for making infringing copies.
- 25Secondary infringement: permitting use of premises for infringing performance.
- 26Secondary infringement: provision of apparatus for infringing performance, &c.
- Infringing copies
- 27Meaning of “infringing copy”.
- Chapter III: Acts Permitted in relation to Copyright Works
- Introductory
- 28Introductory provisions.
- General
- 28AMaking of temporary copies
- 28BPersonal copies for private use
- 29Research and private study.
- 29ACopies for text and data analysis for non-commercial research
- 30Criticism, review, quotation and news reporting.
- 30ACaricature, parody or pastiche
- 31Incidental inclusion of copyright material.
- Disability
- 31ADisabled persons: copies of works for personal use
- 31BMaking , communicating, making available, distributing or lending of accessible copies by authorised bodies
- 31BAMaking , communicating, making available, distributing or lending of intermediate copies by authorised bodies
- 31BBAccessible and intermediate copies: records and notification
- 31CSection 31C Repealed
- 31DSection 31D Repealed
- 31ESection 31E Repealed
- 31FSections 31A to 31BB: interpretation and general
- Education
- 32Illustration for instruction
- 33Anthologies for educational use.
- 34Performing, playing or showing work in course of activities of educational establishment.
- 35Recording by educational establishments of broadcasts
- 36Copying and use of extracts of works by educational establishments
- 36ALending of copies by educational establishments
- Libraries and archives
- 37Libraries and archives: introductory. Repealed
- 38Copying by librarians: articles in periodicals. Repealed
- 39Copying by librarians: parts of published works. Repealed
- 40Restriction on production of multiple copies of the same material. Repealed
- 40ALending of copies by libraries or archives.
- 40BLibraries and educational establishments etc : making works available through dedicated terminals
- 41Copying by librarians: supply of single copies to other libraries
- 42Copying by librarians etc : replacement copies of works
- 42ACopying by librarians: single copies of published works
- 43Copying by librarians or archivists: single copies of unpublished works
- 43ASections 40A to 43: interpretation
- 44Copy of work required to be made as condition of export.
- 44ALegal deposit libraries
- Orphan works
- 44BPermitted uses of orphan works Repealed
- Public administration
- 45Parliamentary and judicial proceedings.
- 46Royal Commissions and statutory inquiries.
- 47Material open to public inspection or on official register.
- 48Material communicated to the Crown in the course of public business.
- 49Public records.
- 50Acts done under statutory authority.
- Computer programs: lawful users
- 50ABack up copies.
- 50BDecompilation.
- 50BAObserving, studying and testing of computer programs
- 50COther acts permitted to lawful users.
- Databases: permitted acts
- 50DActs permitted in relation to databases.
- Designs
- 51Design documents and models.
- 52Effect of exploitation of design derived from artistic work. Repealed
- 53Things done in reliance on registration of design.
- Typefaces
- 54Use of typeface in ordinary course of printing.
- 55Articles for producing material in particular typeface.
- Works in electronic form
- 56Transfers of copies of works in electronic form.
- Miscellaneous: literary, dramatic, musical and artistic works
- 57Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
- 58Use of notes or recordings of spoken words in certain cases.
- 59Public reading or recitation.
- 60Abstracts of scientific or technical articles.
- 61Recordings of folksongs.
- 62Representation of certain artistic works on public display.
- 63Advertisement of sale of artistic work.
- 64Making of subsequent works by same artist.
- 65Reconstruction of buildings.
- Miscellaneous: lending of works and playing of sound recordings
- 66Lending to public of copies of certain works.
- MISCellaneous: films and sound recordings
- 66AFilms: acts permitted on assumptions as to expiry of copyright, &c.
- 67Playing of sound recordings for purposes of club, society, &c. Repealed
- Miscellaneous: broadcasts . . .
- 68Incidental recording for purposes of broadcast . . . .
- 69Recording for purposes of supervision and control of broadcasts and other services.
- 70Recording for purposes of time-shifting.
- 71Photographs of broadcasts
- 72Free public showing or playing of broadcast . . . .
- 73Reception and re-transmission of wireless broadcast by cable. Repealed
- 73ARoyalty or other sum payable in pursuance of section 73(4). Repealed
- 74Section 74 Repealed
- 75Recording of broadcast for archival purposes
- Adaptations
- 76Adaptations.
- Chapter 3A: CERTAIN PERMITTED USES OF ORPHAN WORKS
- 76ACertain permitted uses of orphan works Repealed
- Chapter IV: Moral Rights
- Right to be identified as author or director
- 77Right to be identified as author or director.
- 78Requirement that right be asserted.
- 79Exceptions to right.
- Right to object to derogatory treatment of work
- 80Right to object to derogatory treatment of work.
- 81Exceptions to right.
- 82Qualification of right in certain cases.
- 83Infringement of right by possessing or dealing with infringing article.
- False attribution of work
- 84False attribution of work.
- Right to privacy of certain photographs and films
- 85Right to privacy of certain photographs and films.
- Supplementary
- 86Duration of rights.
- 87Consent and waiver of rights.
- 88Application of provisions to joint works.
- 89Application of provisions to parts of works.
- Chapter V: Dealings with Rights in Copyright Works
- Copyright
- 90Assignment and licences.
- 91Prospective ownership of copyright.
- 92Exclusive licences.
- 93Copyright to pass under will with unpublished work.
- 93APresumption of transfer of rental right in case of film production agreement.
- Right to equitable remuneration where rental right transferred
- 93BRight to equitable remuneration where rental right transferred.
- 93CEquitable remuneration: reference of amount to Copyright Tribunal.
- Moral rights
- 94Moral rights not assignable.
- 95Transmission of moral rights on death.
- Chapter VI: Remedies for Infringement
- Rights and remedies of copyright owner
- 96Infringement actionable by copyright owner.
- 97Provisions as to damages in infringement action.
- 97AInjunctions against service providers
- 98Undertaking to take licence of right in infringement proceedings.
- 99Order for delivery up.
- 100Right to seize infringing copies and other articles.
- Rights and remedies of exclusive licensee
- 101Rights and remedies of exclusive licensee.
- 101ACertain infringements actionable by a non-exclusive licensee
- 102Exercise of concurrent rights.
- Remedies for infringement of moral rights
- 103Remedies for infringement of moral rights.
- Presumptions
- 104Presumptions relevant to literary, dramatic, musical and artistic works.
- 105Presumptions relevant to sound recordings and films.
- 106Presumptions relevant to works subject to Crown copyright.
- Offences
- 107Criminal liability for making or dealing with infringing articles, &c.
- 107AEnforcement by local weights and measures authority.
- 108Order for delivery up in criminal proceedings.
- 109Search warrants.
- 110Offence by body corporate: liability of officers.
- Provision for preventing importation of infringing copies
- 111Infringing copies may be treated as prohibited goods.
- 112Power of Commissioners of Customs and Excise to make regulations.
- Supplementary
- 113Period after which remedy of delivery up not available.
- 114Order as to disposal of infringing copy or other article.
- 114AForfeiture of infringing copies, etc.: England and Wales or Northern Ireland
- 114BForfeiture of infringing copies, etc.: Scotland
- 115Jurisdiction of county court and sheriff court.
- Chapter VII: Copyright Licensing
- Licensing schemes and licensing bodies
- 116Licensing schemes and licensing bodies.
- Orphan works licensing and extended collective licensing
- 116APower to provide for licensing of orphan works
- 116BExtended collective licensing
- 116CGeneral provision about licensing under sections 116A and 116B
- 116DRegulations under sections 116A and 116B
- References and applications with respect to licensing schemes
- 117Licensing schemes to which following sections apply.
- 118Reference of proposed licensing scheme to tribunal.
- 119Reference of licensing scheme to tribunal.
- 120Further reference of scheme to tribunal.
- 121Application for grant of licence in connection with licensing scheme.
- 122Application for review of order as to entitlement to licence.
- 123Effect of order of tribunal as to licensing scheme.
- References and applications with respect to licensing by licensing bodies
- 124Licences to which following sections apply.
- 125Reference to tribunal of proposed licence.
- 126Reference to tribunal of expiring licence.
- 127Application for review of order as to licence.
- 128Effect of order of tribunal as to licence.
- 128ANotification of licence or licensing scheme for excepted sound recordings Repealed
- 128BReferences to the Tribunal by the Secretary of State under section 128A Repealed
- Factors to be taken into account in certain classes of case
- 129General considerations: unreasonable discrimination.
- 130Licences for reprographic copying.
- 131Licences for educational establishments in respect of works included in broadcasts . . . .
- 132Licences to reflect conditions imposed by promoters of events.
- 133Licences to reflect payments in respect of underlying rights.
- 134Licences in respect of works included in re-transmissions.
- 135Mention of specific matters not to exclude other relevant considerations.
- Use as of right of sound recordings in broadcasts . . .
- 135ACircumstances in which right available.
- 135BNotice of intention to exercise right.
- 135CConditions for exercise of right.
- 135DApplications to settle payments.
- 135EReferences etc. about conditions, information and other terms.
- 135FApplication for review of order.
- 135GFactors to be taken into account.
- 135HPower to amend sections 135A to 135G.
- Implied indemnity in schemes or licences for reprographic copying
- 136Implied indemnity in certain schemes and licences for reprographic copying.
- Reprographic copying by educational establishments
- 137Power to extend coverage of scheme or licence.
- 138Variation or discharge of order extending scheme or licence.
- 139Appeals against orders.
- 140Inquiry whether new scheme or general licence required.
- 141Statutory licence where recommendation not implemented.
- Royalty or other sum payable for lending of certain works
- 142Royalty or other sum payable for lending of certain works.
- Certification of licensing schemes
- 143Certification of licensing schemes.
- Powers exercisable in consequence of competition report
- 144Powers exercisable in consequence of report of Competition and Markets Authority.
- Compulsory collective administration of certain rights
- 144ACollective exercise of certain rights in relation to cable re-transmission.
- Chapter VIII: The Copyright Tribunal
- The Tribunal
- 145The Copyright Tribunal.
- 146Membership of the Tribunal.
- 147Financial provisions.
- 148Constitution for purposes of proceedings.
- Jurisdiction and procedure
- 149Jurisdiction of the Tribunal.
- 150General power to make rules.
- 151Costs, proof of orders, &c.
- 151AAward of interest.
- Appeals
- 152Appeal to the court on point of law.
- Chapter IX: Qualification for and Extent of Copyright Protection
- Qualification for copyright protection
- 153Qualification for copyright protection.
- 154Qualification by reference to author.
- 155Qualification by reference to country of first publication.
- 156Qualification by reference to place of transmission.
- Extent and application of this Part
- 157Countries to which this Part extends.
- 158Countries ceasing to be colonies.
- 159Application of this Part to countries to which it does not extend
- 160Denial of copyright protection to citizens of countries not giving adequate protection to British works.
- Supplementary
- 161Territorial waters and the continental shelf.
- 162British ships, aircraft and hovercraft.
- Chapter X: Miscellaneous and General
- Crown and Parliamentary copyright
- 163Crown copyright.
- 164Copyright in Acts and Measures.
- 165Parliamentary copyright.
- 166Copyright in Parliamentary Bills.
- 166ACopyright in Bills of the Scottish Parliament.
- 166BCopyright in Bills of the Northern Ireland Assembly.
- 166CCopyright in proposed Measures of the National Assembly for Wales
- 166DCopyright in Bills of the National Assembly for Wales
- 167Houses of Parliament: supplementary provisions with respect to copyright.
- Other miscellaneous provisions
- 168Copyright vesting in certain international organisations.
- 169Folklore, &c.: anonymous unpublished works.
- Transitional provisions and savings
- 170Transitional provisions and savings.
- 171Rights and privileges under other enactments or the common law.
- Interpretation
- 172General provisions as to construction.
- 172AMeaning of EEA and related expressions.
- 173Construction of references to copyright owner.
- 174Meaning of “educational establishment” and related expressions.
- 175Meaning of publication and commercial publication.
- 176Requirement of signature: application in relation to body corporate.
- 177Adaptation of expressions for Scotland.
- 178Minor definitions.
- 179Index of defined expressions.
- Part II: Rights in performances
- Chapter 1: INTRODUCTORY
- 180Rights conferred on performers and persons having recording rights.
- 181Qualifying performances.
- Chapter 2: ECONOMIC RIGHTS
- Performers' rights
- 182Consent required for recording, &c. of live performance.
- 182AConsent required for copying of recording.
- 182BConsent required for issue of copies to public.
- 182CConsent required for rental or lending of copies to public.
- 182CAConsent required for making available to the public
- 182DRight to equitable remuneration for exploitation of sound recording.
- 183Infringement of performer’s rights by use of recording made without consent.
- 184Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
- Rights of person having recording rights
- 185Exclusive recording contracts and persons having recording rights.
- 186Consent required for recording of performance subject to exclusive contract.
- 187Infringement of recording rights by use of recording made without consent.
- 188Infringement of recording rights by importing, possessing or dealing with illicit recording.
- Exceptions to rights conferred
- 189Acts permitted notwithstanding rights conferred by this Chapter.
- 190Power of tribunal to give consent on behalf of performer in certain cases.
- Duration of rights
- 191Duration of rights.
- Performers’ property rights
- 191APerformers’ property rights.
- 191BAssignment and licences.
- 191CProspective ownership of a performer’s property rights.
- 191DExclusive licences.
- 191EPerformer’s property right to pass under will with unpublished original recording.
- 191FPresumption of transfer of rental right in case of film production agreement.
- 191GRight to equitable remuneration where rental right transferred.
- 191HEquitable remuneration: reference of amount to Copyright Tribunal.
- 191HAAssignment of performer’s property rights in a sound recording
- 191HBPayment in consideration of assignment
- 191IInfringement actionable by rights owner.
- 191JProvisions as to damages in infringement action.
- 191JAInjunctions against service providers
- 191KUndertaking to take licence of right in infringement proceedings.
- 191LRights and remedies for exclusive licensee.
- 191MExercise of concurrent rights.
- Non-property rights
- 192APerformers’ non-property rights.
- 192BTransmissibility of rights of person having recording rights.
- 193Consent.
- . . .
- 194Infringement actionable as breach of statutory duty.
- Delivery up or seizure of illicit recordings
- 195Order for delivery up.
- 196Right to seize illicit recordings.
- 197Meaning of “illicit recording”.
- 197APresumptions relevant to recordings of performances
- Offences
- 198Criminal liability for making, dealing with or using illicit recordings.
- 198AEnforcement by local weights and measures authority.
- 199Order for delivery up in criminal proceedings.
- 200Search warrants.
- 201False representation of authority to give consent.
- 202Offence by body corporate: liability of officers.
- Supplementary provisions with respect to delivery up and seizure
- 203Period after which remedy of delivery up not available.
- 204Order as to disposal of illicit recording.
- 204AForfeiture of illicit recordings: England and Wales or Northern Ireland
- 204BForfeiture: Scotland
- 205Jurisdiction of county court and sheriff court.
- Licensing of performers’ ... rights
- 205ALicensing of performers’ ... rights.
- Jurisdiction of Copyright Tribunal
- 205B.Jurisdiction of Copyright Tribunal.
- Chapter 3: MORAL RIGHTS
- Right to be identified as performer
- 205CRight to be identified as performer
- 205DRequirement that right be asserted
- 205EExceptions to right
- Right to object to derogatory treatment
- 205FRight to object to derogatory treatment of performance
- 205GExceptions to right
- 205HInfringement of right by possessing or dealing with infringing article
- Supplementary
- 205IDuration of rights
- 205JConsent and waiver of rights
- 205KApplication of provisions to parts of performances
- 205LMoral rights not assignable
- 205MTransmission of moral rights on death
- 205NRemedies for infringement of moral rights
- Chapter 4: QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
- Qualification for protection and extent
- 206Qualifying countries, individuals and persons.
- 207Countries to which this Part extends.
- 208Countries enjoying reciprocal protection.
- 209Territorial waters and the continental shelf.
- 210British ships, aircraft and hovercraft.
- 210ASection 210A
- Interpretation
- 211Expressions having same meaning as in copyright provisions.
- 212Index of defined expressions.
- Supplementary
- 212APower to amend in consequence of changes to international law
- Part III: Design Right
- Chapter I: Design right in original designs
- Introductory
- 213Design right.
- 214The designer.
- 215Ownership of design right.
- 216Duration of design right.
- Qualification for design right protection
- 217Qualifying individuals and qualifying persons.
- 218Qualification by reference to designer.
- 219Qualification by reference to employer.
- 220Qualification by reference to first marketing.
- 221Power to make further provision as to qualification.
- Dealings with design right
- 222Assignment and licences.
- 223Prospective ownership of design right.
- 224Assignment of right in registered design presumed to carry with it design right.
- 225Exclusive licences.
- Chapter II: Rights of Design Right Owner and Remedies
- Infringement of design right
- 226Primary infringement of design right.
- 227Secondary infringement: importing or dealing with infringing article.
- 228Meaning of “infringing article”.
- Remedies for infringement
- 229Rights and remedies of design right owner.
- 230Order for delivery up.
- 231Order as to disposal of infringing articles, &c.
- 232Jurisdiction of county court and sheriff court.
- 233Innocent infringement.
- 234Rights and remedies of exclusive licensee.
- 235Exercise of concurrent rights.
- Chapter III: Exceptions to Rights of Design Right Owners
- Infringement of copyright
- 236Infringement of copyright.
- Availability of licences of right
- 237Licences available in last five years of design right.
- 238Powers exercisable for protection of the public interest.
- 239Undertaking to take licence of right in infringement proceedings.
- Crown use of designs
- 240Crown use of designs.
- 241Settlement of terms for Crown use.
- 242Rights of third parties in case of Crown use.
- 243Crown use: compensation for loss of profit.
- 244Special provision for Crown use during emergency.
- Miscellaneous
- 244AException for private acts, experiments and teaching
- 244BException for overseas ships and aircraft
- General
- 245Power to provide for further exceptions.
- Chapter IV: Jurisdiction of the Comptroller and the Court
- Jurisdiction of the comptroller
- 246Jurisdiction to decide matters relating to design right.
- 247Application to settle terms of licence of right.
- 248Settlement of terms where design right owner unknown.
- 249Appeals as to terms of licence of right.
- 249AOpinions service
- 250Rules.
- Jurisdiction of the court
- 251References and appeals on design right matters.
- 252Reference of disputes relating to Crown use.
- Chapter V: Miscellaneous and General
- Unjustified threats
- 253Threats of infringement proceedings
- 253AActionable threats
- 253BPermitted communications
- 253CRemedies and defences
- 253DProfessional advisers
- 253ESupplementary: proceedings for delivery up etc.
- Licensee under licence of right not to claim connection with design right owner
- 254Licensee under licence of right not to claim connection with design right owner.
- Extent of operation of this Part
- 255Countries to which this Part extends.
- 256Countries enjoying reciprocal protection.
- 257Territorial waters and the continental shelf.
- Interpretation
- 258Construction of references to design right owner.
- 259Joint designs.
- 260Application of provisions to articles in kit form.
- 261Requirement of signature: application in relation to body corporate.
- 262Adaptation of expressions in relation to Scotland.
- 263Minor definitions.
- 264Index of defined expressions.
- Part IV: Registered Designs
- Amendments of the Registered Designs Act 1949
- 265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 266Provisions with respect to certain designs registered in pursuance of application made before commencement.
- 267Authorship and first ownership of designs.
- 268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 269Duration of right in registered design.
- 270Powers exercisable for protection of the public interest.
- 271Crown use: compensation for loss of profit.
- 272Minor and consequential amendments.
- Supplementary
- 273Text of Registered Designs Act 1949 as amended.
- Part V: Patent Agents and Trade Mark Agents
- Patent agents
- 274Persons permitted to carry on business of a patent agent.
- 275The register of patent attorneys
- 275ARegulation of patent attorneys
- 276Persons entitled to describe themselves as patent agents.
- 277Persons entitled to describe themselves as European patent attorneys, &c.
- 278Use of the term “patent attorney”: supplementary provisions.
- 279Power to prescribe conditions, &c. for mixed partnerships and bodies corporate. Repealed
- 280Privilege for communications with patent agents.
- 281Power of comptroller to refuse to deal with certain agents.
- Trade mark agents
- 282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Supplementary
- 285Offences committed by partnerships and bodies corporate.
- 286Interpretation.
- Part VI: Patents
- Patents county courts
- 287Patents county courts: special jurisdiction. Repealed
- 288Financial limits in relation to proceedings within special jurisdiction of patents county court. Repealed
- 289Transfer of proceedings between High Court and patents county court. Repealed
- 290Limitation of costs where pecuniary claim could have been brought in patents county court.
- 291Proceedings in patents county court. Repealed
- 292Rights and duties of registered patent agents in relation to proceedings in patents county court. Repealed
- Licences of right in respect of certain patents
- 293Restriction of acts authorised by certain licences.
- 294When application may be made for settlement of terms of licence.
- Patents: miscellaneous amendments
- 295Patents: miscellaneous amendments.
- Part VII: Miscellaneous and General
- Circumvention of protection measures
- 296Devices designed to circumvent copy-protection.
- 296ZACircumvention of technological measures
- 296ZBDevices and services designed to circumvent technological measures
- 296ZCDevices and services designed to circumvent technological measures: search warrants and forfeiture
- 296ZDRights and remedies in respect of devices and services designed to circumvent technological measures
- 296ZERemedy where effective technological measures prevent permitted acts
- 296ZEARemedy where restrictive measures prevent or restrict personal copying
- 296ZFInterpretation of sections 296ZA to 296ZEA
- Rights management information
- 296ZGElectronic rights management information
- Computer programs
- 296AAvoidance of certain terms.
- Databases
- 296BAvoidance of certain terms relating to databases
- Fraudulent reception of transmissions
- 297Offence of fraudulently receiving programmes.
- 297AUnauthorised decoders.
- 297BSearch warrants
- 297CForfeiture of unauthorised decoders: England and Wales or Northern Ireland
- 297DForfeiture of unauthorised decoders: Scotland
- 298Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
- 299Supplementary provisions as to fraudulent reception.
- Fraudulent application or use of trade mark
- 300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Provisions for the benefit of Great Ormond Street Hospital for Children
- 301Provisions for the benefit of Great Ormond Street Hospital for Children.
- Financial assistance for certain international bodies
- 302Financial assistance for certain international bodies.
- General
- 303Consequential amendments and repeals.
- 304Extent.
- 305Commencement.
- 306Short title.
- Schedule ZA1: CERTAIN PERMITTED USES OF ORPHAN WORKS Repealed
- Part 1: GENERAL PROVISIONS Repealed
- Certain permitted uses of orphan works by relevant bodies Repealed
- 1Paragraph 1 Repealed
- Meaning of “relevant body”, “relevant work” and “rightholder” Repealed
- 2Paragraph 2 Repealed
- Meaning of “orphan work” Repealed
- 3Paragraph 3 Repealed
- Mutual recognition of orphan work status Repealed
- 4Paragraph 4 Repealed
- Diligent searches Repealed
- 5Paragraph 5 Repealed
- Further requirements for use of orphan works Repealed
- 6Paragraph 6 Repealed
- End of orphan work status Repealed
- 7Paragraph 7 Repealed
- 2SOURCES TO BE SEARCHED DURING DILIGENT SEARCH Repealed
- Schedule A1: Regulation of licensing bodies
- Codes of practice
- 1Paragraph 1
- 2Paragraph 2
- Licensing code ombudsman
- 3Paragraph 3
- Code reviewer
- 4Paragraph 4
- Sanctions
- 5Paragraph 5
- Fees
- 6Paragraph 6
- General
- 7Paragraph 7
- 8Paragraph 8
- Schedule 1: Copyright: transitional provisions and savings
- Introductory
- 1Paragraph 1
- 2Paragraph 2
- General principles: continuity of the law
- 3Paragraph 3
- 4Paragraph 4
- Subsistence of copyright
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Authorship of work
- 10Paragraph 10
- First ownership of copyright
- 11Paragraph 11
- Duration of copyright in existing works
- 12Paragraph 12
- Perpetual copyright under the Copyright Act 1775
- 13Paragraph 13
- Acts infringing copyright
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Designs
- 19Paragraph 19
- 20Paragraph 20 Repealed
- Abolition of statutory recording licence
- 21Paragraph 21
- Moral rights
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Assignments and licences
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Bequests
- 30Paragraph 30
- Remedies for infringement
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Copyright Tribunal: proceedings pending on commencement
- 34Paragraph 34
- Qualification for copyright protection
- 35Paragraph 35
- Dependent territories
- 36Paragraph 36
- 37Paragraph 37
- Territorial waters and the continental shelf
- 38Paragraph 38
- British ships, aircraft and hovercraft
- 39Paragraph 39
- Crown copyright
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Parliamentary copyright
- 43Paragraph 43
- Copyright vesting in certain international organisations
- 44Paragraph 44
- Meaning of “publication”
- 45Paragraph 45
- Meaning of “unauthorised”
- 46Paragraph 46
- Schedule 2: Rights in performances: permitted acts
- Introductory
- 1Paragraph 1
- Making of temporary copies
- 1AParagraph 1A
- Personal copies of recordings for private use
- 1BParagraph 1B
- Research and private study
- 1CParagraph 1C
- Copies for text and data analysis for non-commercial research
- 1DParagraph 1D
- Criticism, reviews, quotation and news reporting
- 2Paragraph 2
- Caricature, parody or pastiche
- 2AParagraph 2A
- Incidental inclusion of performance or recording
- 3Paragraph 3
- Disabled persons: copies of recordings for personal use
- 3AParagraph 3A
- Making communicating, making available, distributing or lending of accessible copies by authorised bodies
- 3BParagraph 3B
- Making communicating, making available, distributing or lending of intermediate copies by authorised bodies
- 3CParagraph 3C
- Accessible and intermediate copies: records
- 3DParagraph 3D
- Paragraphs 3A to 3D: interpretation and general
- 3EParagraph 3E
- Illustration for instruction
- 4Paragraph 4
- Playing or showing sound recording, film, or broadcastat educational establishment
- 5Paragraph 5
- Recording by educational establishments of broadcasts
- 6Paragraph 6
- Copying and use of extracts of recordings by educational establishments
- 6ZAParagraph 6ZA
- Lending of copies by educational establishments
- 6AParagraph 6A
- Lending of copies by libraries or archives
- 6BParagraph 6B
- Libraries and educational establishments etc : making recordings of performances available through dedicated terminals
- 6CParagraph 6C
- Copying by librarians: supply of single copies to other libraries
- 6DParagraph 6D
- Copying by librarians etc : replacement copies of recordings
- 6EParagraph 6E
- Copying by librarians: single copies of published recordings
- 6FParagraph 6F
- Copying by librarians or archivists: single copies of unpublished recordings
- 6GParagraph 6G
- Paragraphs 6B to 6G: interpretation
- 6HParagraph 6H
- Certain permitted uses of orphan works
- 6IParagraph 6I
- Copy of work required to be made as condition of export
- 7Paragraph 7
- Parliamentary and judicial proceedings
- 8Paragraph 8
- Royal Commissions and statutory inquiries
- 9Paragraph 9
- Public records
- 10Paragraph 10
- Acts done under statutory authority
- 11Paragraph 11
- Transfer of copies of works in electronic form
- 12Paragraph 12
- Use of recordings of spoken works in certain cases
- 13Paragraph 13
- Recordings of folksongs
- 14Paragraph 14
- Lending of certain recordings
- 14AParagraph 14A
- Playing of sound recordings for purposes of club, society, &c
- 15Paragraph 15 Repealed
- Incidental recording for purposes of broadcast . . .
- 16Paragraph 16
- Recordings for purposes of supervision and control of broadcasts and other services
- 17Paragraph 17
- Recording for the purposes of time-shifting
- 17AParagraph 17A
- Photographs of broadcasts
- 17BParagraph 17B
- Free public showing or playing of broadcast . . .
- 18Paragraph 18
- Reception and re-transmission of wireless broadcast by cable
- 19Paragraph 19 Repealed
- 19AParagraph 19A Repealed
- Provision of sub-titled copies of broadcast . . .
- 20Paragraph 20 Repealed
- Recording of broadcast for archival purposes
- 21Paragraph 21
- Schedule 2A: LICENSING OF PERFORMERS’ ... RIGHTS
- Licensing schemes and licensing bodies
- 1Paragraph 1
- Power to provide for licensing of orphan rights
- 1AParagraph 1A
- Extended collective licensing
- 1BParagraph 1B
- General provision about licensing
- 1CParagraph 1C
- 1DParagraph 1D
- References and applications with respect to licensing schemes
- 2Paragraph 2
- Reference of proposed licensing scheme to tribunal
- 3Paragraph 3
- Reference of licensing scheme to tribunal
- 4Paragraph 4
- Further reference of scheme to tribunal
- 5Paragraph 5
- Application for grant of licence in connection with licensing scheme
- 6Paragraph 6
- Application for review of order as to entitlement to licence
- 7Paragraph 7
- Effect of order of tribunal as to licensing scheme
- 8Paragraph 8
- References and applications with respect to licensing by licensing bodies
- 9Paragraph 9
- Reference to tribunal of proposed licence
- 10Paragraph 10
- Reference to tribunal of expiring licence
- 11Paragraph 11
- Application for review of order as to licence
- 12Paragraph 12
- Effect of order of tribunal as to licence
- 13Paragraph 13
- General considerations: unreasonable discrimination
- 14Paragraph 14
- Application to settle royalty or other sum payable for lending
- 15Paragraph 15
- Certification of licensing schemes
- 16Paragraph 16
- Powers exercisable in consequence of competition report
- 17Paragraph 17
- Schedule 3: Registered designs: minor and consequential amendments of 1949 Act
- Section 3: proceedings for registration
- 1Paragraph 1 Repealed
- Section 4: registration of same design in respect of other articles, etc.
- 2Paragraph 2 Repealed
- Section 5: provisions for secrecy of certain designs
- 3Paragraph 3
- Section 6: provisions as to confidential disclosure, etc.
- 4Paragraph 4 Repealed
- Section 9: exemption of innocent infringer from liability for damages
- 5Paragraph 5
- Section 11: cancellation of registration
- 6Paragraph 6 Repealed
- Section 14: registration where application has been made in convention country
- 7Paragraph 7
- Section 15: extension of time for application under s.14 in certain cases
- 8Paragraph 8
- Section 16: protection of designs communicated under international agreements
- 9Paragraph 9 Repealed
- Section 19: registration of assignments, &c.
- 10Paragraph 10
- Section 20: rectification of the register
- 11Paragraph 11
- Section 22: inspection of registered designs
- 12Paragraph 12
- Section 23: information as to existence of right in registered design
- 13Paragraph 13
- Section 25: certificate of contested validity of registration
- 14Paragraph 14
- Section 26: remedy for groundless threats of infringement proceedings
- 15Paragraph 15
- Section 27: the court
- 16Paragraph 16
- Section 28: the Appeal Tribunal
- 17Paragraph 17
- Section 29: exercise of discretionary powers of registrar
- 18Paragraph 18
- Section 30: costs and security for costs
- 19Paragraph 19
- Section 31: evidence before registrar
- 20Paragraph 20
- Section 32: power of registrar to refuse to deal with certain agents
- 21Paragraph 21
- Section 33: offences under s.5 (secrecy of certain designs)
- 22Paragraph 22
- Section 34: falsification of register, &c.
- 23Paragraph 23
- Section 35: fine for falsely representing a design as registered
- 24Paragraph 24
- Section 35A: offence by body corporate - liability of officers
- 25Paragraph 25
- Section 36: general power to make rules, &c.
- 26Paragraph 26
- Section 37: provisions as to rules and Orders
- 27Paragraph 27
- Section 38: proceedings of the Board of Trade
- 28Paragraph 28
- Section 39: hours of business and excluded days
- 29Paragraph 29
- Section 40: fees
- 30Paragraph 30
- Section 44: interpretation
- 31Paragraph 31
- Section 45: application to Scotland
- 32Paragraph 32
- Section 46: application to Northern Ireland
- 33Paragraph 33
- Section 47: application to Isle of Man
- 34Paragraph 34
- Section 47A: territorial waters and the continental shelf
- 35Paragraph 35
- Section 48: repeals, savings and transitional provisions
- 36Paragraph 36
- Schedule 1: provisions as to Crown use of registered designs
- 37Paragraph 37
- Schedule 2: enactments repealed
- 38Paragraph 38
- Schedule 4: The Registered Designs Act 1949 as amended Arrangement of Sections
- Registrable designs and proceedings for registration
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Effect of registration, &c.
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A
- 8BParagraph 8B
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 11AParagraph 11A
- 11BParagraph 11B
- 12Paragraph 12
- International arrangements
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Register of designs, &c.
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24 Repealed
- Legal proceedings and appeals
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Powers and duties of registrar
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32 Repealed
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 35AParagraph 35A
- Rules, &c.
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38 Repealed
- Supplemental
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 47AParagraph 47A
- 48Paragraph 48
- 49Paragraph 49
- Registrable designs and proceedings for registration
- 1Designs registrable under Act.
- 2Proprietorship of designs.
- 3Proceedings for registration.
- 4Registration of same design in respect of other articles, etc.
- 5Provisions for secrecy of certain designs.
- 6Provisions as to confidential disclosure, etc.
- Effect of registration, &c.
- 7Right given by registration.
- 8Duration of right in registered design.
- 8ARestoration of lapsed right in design.
- 8BEffect of order for restoration of right.
- 9Exemption of innocent infringer from liability for damages.
- 10Compulsory licence in respect of registered design.
- 11Cancellation of registration.
- 11APowers exercisable for protection of the public interest.
- 11BUndertaking to take licence of right in infringement proceedings.
- 12Use for services of the Crown.
- International Arrangements
- 13Orders in Council as to convention countries.
- 14Registration of design where application for protection in convention country has been made.
- 15Extension of time for applications under s.14 in certain cases.
- 16Protection of designs communicated under international agreements.
- Register of designs, etc.
- 17Register of designs.
- 18Certificate of registration.
- 19Registration of assignments, etc.
- 20Rectification of register.
- 21Power to correct clerical errors.
- 22Inspection of registered designs.
- 23Information as to existence of right in registered design.
- Legal proceedings and appeals
- 25Certificate of contested validity of registration.
- 26Remedy for groundless threats of infringement proceedings.
- 27The court.
- 28The Appeal Tribunal.
- Powers and duties of Registrar
- 29Exercise of discretionary powers of registrar.
- 30Costs and security for costs.
- 31Evidence before registrar.
- Offences
- 33Offences under s.5.
- 34Falsification of register, etc.
- 35Fine for falsely representing a design as registered.
- 35AOffence by body corporate: liability of officers.
- Rules, etc.
- 36General power of Secretary of State to make rules, etc.
- 37Provisions as to rules and Orders.
- Supplemental
- 39Hours of business and excluded days.
- 40Fees.
- 41Service of notices, &c., by post.
- 42Annual report of registrar.
- 43Savings.
- 44Interpretation.
- 45Application to Scotland.
- 46Application to Northern Ireland.
- 47Application to Isle of Man.
- 47ATerritorial waters and the continental shelf.
- 48Repeals, savings, and transitional provisions.
- 49Short title and commencement.
- FIRST SCHEDULE
- Use of registered designs for services of the Crown
- 1Paragraph 1
- Rights of third parties in respect of Crown use
- 2Paragraph 2
- Compensation for loss of profit
- 2AParagraph 2A
- Reference of disputes as to Crown use
- 3Paragraph 3
- Special provisions as to Crown use during emergency
- 4Paragraph 4
- Schedule 5: Patents: miscellaneous amendments
- Withdrawal of application before publication of specification
- 1Paragraph 1
- Correction of clerical errors
- 2Paragraph 2
- Supplementary searches
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Application for restoration of lapsed patent
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Determination of right to patent after grant
- 9Paragraph 9
- 10Paragraph 10
- Employees’ inventions
- 11Paragraph 11
- Undertaking to take licence in infringement proceedings
- 12Paragraph 12
- Power of comptroller on grant of compulsory licence
- 13Paragraph 13
- Powers exercisable in consequence of report of Monopolies and Mergers Commission
- 14Paragraph 14
- Compulsory licensing: reliance on statements in competition report
- 15Paragraph 15
- Crown use: compensation for loss of profit
- 16Paragraph 16
- Right to continue use begun before priority date
- 17Paragraph 17
- Revocation on grounds of grant to wrong person
- 18Paragraph 18
- Revocation where two patents granted for same invention
- 19Paragraph 19
- Applications and amendments not to include additional matter
- 20Paragraph 20
- Effect of European patent (UK)
- 21Paragraph 21
- The state of the art: material contained in patent applications
- 22Paragraph 22
- Jurisdiction in certain proceedings
- 23Paragraph 23
- Effect of filing international application for patent
- 24Paragraph 24
- 25Paragraph 25
- Proceedings before the court or the comptroller
- 26Paragraph 26
- 27Paragraph 27
- Provision of information
- 28Paragraph 28
- Power to extend time limits
- 29Paragraph 29
- Availability of samples of micro-organisms
- 30Paragraph 30
- Schedule 5A: PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
- Part 1: Copyright exceptions
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph
- Paragraph Repealed
- Paragraph
- Paragraph
- Paragraph Repealed
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph Repealed
- Paragraph
- Part 2: Rights in performances exceptions
- Paragraph
- Part 3: Database right exceptions
- Paragraph
- Schedule 6: Provisions for the Benefit of Great Ormond Street Hospital for Children
- Interpretation
- 1Paragraph 1
- Entitlement to royalty
- 2Paragraph 2
- Exceptions
- 3Paragraph 3
- Saving
- 4Paragraph 4
- Procedure for determining amount payable
- 5Paragraph 5
- Sums received to be held for the benefit of the Hospital
- 6Paragraph 6
- Right only for the benefit of the Hospital
- 7Paragraph 7
- Schedule 7: Consequential amendments: general
- British Mercantile Marine Uniform Act 1919 (c.62)
- 1Paragraph 1
- Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)
- 2Paragraph 2
- Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)
- 3Paragraph 3
- Crown Proceedings Act 1947 (c.44)
- 4Paragraph 4
- Patents Act 1949 (c.87)
- 5Paragraph 5
- Public Libraries (Scotland) Act 1955 (c.27)
- 6Paragraph 6 Repealed
- London County Council (General Powers) Act 1958 (c.xxi)
- 7Paragraph 7
- Public Libraries and Museums Act 1964 (c.75)
- 8Paragraph 8 Repealed
- Marine, &c., Broadcasting (Offences) Act 1967 (c.41)
- 9Paragraph 9 Repealed
- Medicines Act 1968 (c.67)
- 10Paragraph 10
- Post Office Act 1969 (c.48)
- 11Paragraph 11
- Merchant Shipping Act 1970 (c.36)
- 12Paragraph 12
- Taxes Management Act 1970 (c.9)
- 13Paragraph 13
- Tribunals and Inquiries Act 1971 (c.62)
- 14Paragraph 14 Repealed
- Fair Trading Act 1973 (c.41)
- 15Paragraph 15 Repealed
- House of Commons Disqualification Act 1975 (c.24)
- 16Paragraph 16
- Northern Ireland Assembly Disqualification Act 1975 (c.25)
- 17Paragraph 17
- Restrictive Trade Practices Act 1976 (c.34)
- 18Paragraph 18
- Resale Prices Act 1976 (c. 53)
- 19Paragraph 19
- Patents Act 1977 (c. 37)
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Unfair Contract Terms Act 1977 (c. 50)
- 24Paragraph 24
- Judicature (Northern Ireland) Act 1978 (c. 23)
- 25Paragraph 25
- Capital Gains Tax Act 1979 (c. 14)
- 26Paragraph 26 Repealed
- British Telecommunications Act 1981 (c. 38)
- 27Paragraph 27 Repealed
- Senior Courts Act 1981 (c. 54)
- 28Paragraph 28
- 29, 30Paragraph 29, 30 Repealed
- Companies Act 1985 (c. 6)
- 31Paragraph 31
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
- 32Paragraph 32
- Atomic Energy Authority Act 1986 (c. 3)
- 33Paragraph 33
- Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3))
- 34Paragraph 34 Repealed
- Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6))
- 35Paragraph 35 Repealed
- Income and Corporation Taxes Act 1988 (c. 1)
- 36Paragraph 36
- Schedule 8Repeals