Explanatory note

These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). Directive 2001/29 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 exceptions to the copyright and related rights provided under the Directive in certain cases. Article 5(3)(d) permits an exception in the case of quotations for purposes such as criticism or review. Regulation 3 amends the way in which this exception is implemented in the UK. Article 5(3)(k) of the Directive permits an exception in the case of use for the purpose of caricature, parody or pastiche. Regulation 5 introduces this exception in the UK.

Regulation 3 amends section 30 of the Act by inserting subsection (1ZA) to provide an exception to copyright for the use of a quotation from a work where the use is fair dealing with the work and to the extent that the quotation is no more than is required by the specific purpose for which it is used and the quotation is accompanied by a sufficient acknowledgement. New section 30(4) provides that any term of a contract which prevents or restricts the doing of any act permitted under new section 30(1ZA) is unenforceable. Regulation 4 amends paragraph 2 of Schedule 2 to the Act to provide an equivalent exception for quotations by the taking of an extract from a recording of a performance. The taking of an extract of a recording of a performance in accordance with paragraph 2(1ZA) does not infringe the rights conferred by Chapter 2 of Part II of the Act (rights in performances).

Regulation 5 inserts new section 30A and new paragraph 2A in Schedule 2 of the Act. New section 30A(1) provides an exception to copyright in respect of fair dealing with a work for the purposes of caricature, parody or pastiche. Subsection (2) provides that any term of a contract which prevents or restricts the doing of any act permitted under section 30A(1) is unenforceable. New paragraph 2A of Schedule 2 provides an equivalent exception for fair dealing with a performance or a recording of a performance. 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 Chapter 2 of Part II of the Act (rights in performances).

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