Section 31F Sections 31A to 31BB: interpretation and generalF1

United Kingdom

(1)

This section supplements sections 31A to 31BB and includes definitions.

(2)

“Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to F2substantially 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, F3for example by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light.

(4)

An “accessible copy” of a copyright work means a version of the work which enables F4disabled persons to access the work, including accessing it as feasibly and comfortably as a person who is not a disabled person.

(5)

An accessible copy—

(a)

may include facilities for navigating around the version of the work, but

(b)

must not include any changes to the work which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.

(6)

“Authorised body” means—

(a)

an educational establishment, or

(b)

a body that is not conducted for profit.

F5(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of section F627, 31A, 31B or 31BA, would not infringe copyright, that term is unenforceable.

Annotations

Textual amendments

F1: S. 31F substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(5) (with Sch. para. 9)
F2: Word in s. 31F(2) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(2)
F3: Words in s. 31F(3) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(3)
F4: Words in s. 31F(4) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(4)
F5: S. 31F(7) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(5)
F6: Word in s. 31F(8) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 8(6)

Notes on Part I

Modifications

C1: Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)
C2: Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
C3: Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
C4: Pt. 1 extended (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8)
C5: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
C6: Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
C7: Pt. 1 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
C8: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
C9: Pt. 1 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
C10: Pt. 1 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
C11: Pt. 1 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
C12: Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
C13: Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
C14: Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by S.I. 2016/370, arts. 1, 2-40)
C15: Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (15.12.2024) by S.I. 2024/193, arts. 1(2), 3, 4, 5(1) and S.I. 2024/1124, arts. 1(2), 7)
C16: Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (15.12.2024) by S.I. 2024/193, arts. 1(2), 5(2)(3) and S.I. 2024/1124, arts. 1(2), 7)
C17: Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

Notes on Chapter III

Modifications

C1: Pt. 1 Ch. III amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
C2: Pt. 1 Ch. III applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
C3: Pt. 1 Ch. III continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33, (with regs. 31-40)

Notes on Disability

Textual amendments

F1: S. 31A cross-heading substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 2(2)