Explanatory note

These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). Article 5(3)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ No L167, 22.6.2001, p.10) permits Member States to provide for an exception to the copyright and related rights provided under the Directive in the case of uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability. These Regulations amend the way in which this exception is implemented in the UK.

These Regulations make provision for the repeal and replacement of the subject matter of sections 31A to 31F and 74 of the Act which relate to the provision of copyright works to visually impaired persons and subtitling of broadcasts. Regulation 2 inserts into the Act sections 31A, 31B, 31BA, 31BB and 31F. These sections make expanded provision for the supply of copies of modified copyright works to disabled persons generally rather than just disabled persons who are visually impaired or those who require subtitled broadcasts. Some of the requirements of the repealed provisions are not carried through into the new provisions, in particular those relating to licensing schemes contained in old section 31D and the powers conferred on the Secretary of State to make orders to disapply section 31B which were contained in section 31E. Section 31A makes provision for the making and supply to a disabled person of accessible copies (as defined by section 31F(4)) of a copyright work where that person has lawful possession or use of a copy of the work and accessible copies are not commercially available. Sections 31B, 31BA and 31BB make provision for the making and supply by authorised bodies (defined in section 31F(6) as an educational establishment or a body that is not conducted for profit) of accessible copies of broadcasts and other types of copyright work for disabled persons generally, where such copies are not commercially available.

Regulation 3 makes provision for similar exceptions relating to rights in performances in relation to recordings of performances in films and sound recordings.

Regulation 4 and the Schedule make provision for consequential amendments, repeals, revocations and saving provisions.

A full impact assessment of the effect that this instrument will have on the cost of business and the voluntary sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, NP10 8QQ and is annexed to the Explanatory Memorandum (together with a transposition note) which is available alongside the instrument on www.legislation.gov.uk.