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The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111177235

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Intellectual Property

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c.16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendments to the Copyright, Designs and Patents Act 1988
  4. 2Amendments to the Copyright, Designs and Patents Act 1988
  5. 3Amendments to the Copyright, Designs and Patents Act 1988
  6. 4Amendments to the Copyright, Designs and Patents Act 1988
  7. 5Amendments to the Copyright, Designs and Patents Act 1988
  8. 6Amendments to the Copyright, Designs and Patents Act 1988
  9. 7Amendments to the Copyright, Designs and Patents Act 1988
  10. 8Amendments to the Copyright, Designs and Patents Act 1988
  11. 9Amendments to the Copyright, Designs and Patents Act 1988
  12. 10Amendments to the Copyright, Designs and Patents Act 1988
  13. 11Amendments to the Copyright, Designs and Patents Act 1988
  14. 12Amendments to the Copyright, Designs and Patents Act 1988
  15. 13Amendments to the Copyright, Designs and Patents Act 1988
  16. 14Amendments to the Copyright, Designs and Patents Act 1988
  17. 15Amendments to the Copyright, Designs and Patents Act 1988
  18. 16Amendments to the Copyright, Designs and Patents Act 1988
  19. 17Amendments to the Copyright, Designs and Patents Act 1988
  20. 18Amendments to the Copyright, Designs and Patents Act 1988
  21. 19Amendments to the Copyright, Designs and Patents Act 1988
  22. 20Amendments to the Copyright, Designs and Patents Act 1988
  23. 21Amendments to the Copyright, Designs and Patents Act 1988
  24. 22Amendments to the Copyright, Designs and Patents Act 1988
  25. 23Amendments to the Copyright, Designs and Patents Act 1988
  26. 24Amendments to the Copyright, Designs and Patents Act 1988
  27. 25Amendments to the Copyright, Designs and Patents Act 1988
  28. Part 3: Amendments to subordinate legislation
  29. 26Amendments to the Duration of Copyright and Rights in Performances Regulations 1995
  30. 27Amendments to the Copyright and Related Rights Regulations 1996
  31. 28Amendments to the Copyright and Rights in Databases Regulations 1997
  32. 29Amendments to the Artist’s Resale Right Regulations 2006
  33. 30Amendments to the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014
  34. 31Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014
  35. 32Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016
  36. 33Amendments to the Copyright and Performances (Application to Other Countries) Order 2016
  37. 34Revocation of the Portability of Online Content Services Regulations 2018
  38. 35Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018
  39. Part 4: Amendments to retained direct EU legislation
  40. 36Amendments to Council Regulation (EU) 2017/1563
  41. 37Revocations
  42. Part 5: Transitional provisions and savings
  43. 38Transitional provisions and savings
  44. Signature
  45. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2018.

(2)

These Regulations come into force on exit day.

2Amendments to the Copyright, Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988f1 is amended in accordance with this Part.

3Amendments to the Copyright, Designs and Patents Act 1988

In section 6A (safeguards in case of certain satellite broadcasts)f1—

(a)

for “an EEA State”, in each place it occurs, substitute “the United Kingdom”;

(b)

in subsection (2)(a), for “that place” substitute “the United Kingdom”;

(c)

in subsection (3)(b), for “the place in which he has his principal establishment in the European Economic Area” substitute “the United Kingdom”.

4Amendments to the Copyright, Designs and Patents Act 1988

In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works)f1, for “an EEA state”, in each place it occurs, substitute “the United Kingdom”.

5Amendments to the Copyright, Designs and Patents Act 1988

In section 13A(4) (duration of copyright in sound recordings)f1, for “an EEA state” substitute “the United Kingdom”.

6Amendments to the Copyright, Designs and Patents Act 1988

In section 13B(7) and (8) (duration of copyright in films)f1, for “an EEA state”, in each place it occurs, substitute “the United Kingdom”.

7Amendments to the Copyright, Designs and Patents Act 1988

In section 14(3) (duration of copyright in broadcasts)f1, for “an EEA state” substitute “the United Kingdom”.

8Amendments to the Copyright, Designs and Patents Act 1988

In section 15A(4) (meaning of country of origin)f1—

(a)

for sub-paragraph (a) substitute—

“(a)

if the United Kingdom is one of those countries, the country of origin is the United Kingdom; and”;

(b)

in sub-paragraph (b), for “if none of those countries is an EEA state” substitute “if the United Kingdom is not one of those countries”.

9Amendments to the Copyright, Designs and Patents Act 1988

In section 31B(1) and (9) (making and supply of accessible copies by authorised bodies)f1 omit “or another member State of the European Union” in each place it occurs.

10Amendments to the Copyright, Designs and Patents Act 1988

In section 31BB(4)(b) (accessible and intermediate copies: records and notification)f1, for “another” substitute “a”.

11Amendments to the Copyright, Designs and Patents Act 1988

Omit section 44B (permitted uses of orphan works)f1.

12Amendments to the Copyright, Designs and Patents Act 1988

Omit section 76A (certain permitted uses of orphan works)f1.

13Amendments to the Copyright, Designs and Patents Act 1988

In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission)f1, for “another” substitute “an”.

14Amendments to the Copyright, Designs and Patents Act 1988

In section 154(1) (qualification by reference to author)f1—

(a)

in paragraph (a), omit “a national of another EEA state,”;

(b)

in paragraphs (b) and (c), omit “or another EEA state”.

15Amendments to the Copyright, Designs and Patents Act 1988

In section 155(1)(a) (qualification by reference to country of first publication)f1 omit “another EEA state,”.

16Amendments to the Copyright, Designs and Patents Act 1988

In section 156(1)(a) (qualification by reference to place of transmission)f1 omit “another EEA state,”.

17Amendments to the Copyright, Designs and Patents Act 1988

In section 170 (transitional provisions and savings)f1 omit subsection (3).

18Amendments to the Copyright, Designs and Patents Act 1988

In section 172A (meaning of EEA and related expressions)f1 omit subsection (2).

19Amendments to the Copyright, Designs and Patents Act 1988

In section 178 (minor definitions)f1, at the appropriate place insert—

  • ““national of the United Kingdom” means—

    1. (a)

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,

    2. (b)

      a person who under the British Nationality Act 1981 is a British subject,

    3. (c)

      a British protected person within the meaning of that Act, or

    4. (d)

      a body incorporated under the law of any part of the United Kingdom.”

20Amendments to the Copyright, Designs and Patents Act 1988

In section 179 (index of defined expressions)f1—

(a)

in the entry for “the EEA, EEA state and national of an EEA state”, for “, EEA state and national of an EEA state” substitute “and EEA state”;

(b)

at the appropriate place insert—

“

national of the United Kingdomsection 178

”.

21Amendments to the Copyright, Designs and Patents Act 1988

In section 191(4) (duration of rights)f1, for “an EEA state” substitute “the United Kingdom”.

22Amendments to the Copyright, Designs and Patents Act 1988

In section 206(1) (qualifying countries, individuals and persons)f1 omit paragraph (b).

23Amendments to the Copyright, Designs and Patents Act 1988

Omit Schedule ZA1 (certain permitted uses of orphan works)f1.

24Amendments to the Copyright, Designs and Patents Act 1988

In Schedule 1 (copyright: transitional provisions and savings)f1, in paragraph 6(1A), for “another” substitute “an”.

25Amendments to the Copyright, Designs and Patents Act 1988

In Schedule 2 (rights in performances: permitted acts)f1—

(a)

in paragraph 3B(1) omit “or another member State of the European Union”;

(b)

in paragraph 3B(8) omit “or in another member State of the European Union”;

(c)

in paragraph 3D(4)(b), for “another” substitute “a”.

26Amendments to the Duration of Copyright and Rights in Performances Regulations 1995

(1)

The Duration of Copyright and Rights in Performances Regulations 1995f1 are amended as follows.

(2)

In regulation 16 (duration of copyright: application of new provisions), in paragraph (d) for “another EEA state” substitute “an EEA state”.

(3)

In regulation 29 (duration of rights in performances: application of new provisions), in paragraph (d) for “another EEA state” substitute “an EEA state”.

(4)

In regulation 36 (construction of references to EEA states)—

(a)

in paragraphs (1) and (2) for “another EEA state”, in each place it occurs, substitute “an EEA state”;

(b)

omit paragraph (3).

27Amendments to the Copyright and Related Rights Regulations 1996

(1)

The Copyright and Related Rights Regulations 1996f1 are amended as follows.

(2)

In regulation 2 (interpretation) at the appropriate place insert ““national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988”.

(3)

In regulation 16(4) (publication right)—

(a)

in sub-paragraph (a), after “European Economic Area” insert “or in the United Kingdom”;

(b)

in sub-paragraph (b), after “an EEA state” insert “or a national of the United Kingdom”;

(c)

in the full out words of that paragraph, after “an EEA state” insert “or a national of the United Kingdom”.

(4)

In regulation 29(1)(a) (satellite broadcasting: international co-production agreements) after “an EEA state” insert “or a national of the United Kingdom”.

28Amendments to the Copyright and Rights in Databases Regulations 1997

(1)

The Copyright and Rights in Databases Regulations 1997f1 are amended as follows.

(2)

In regulation 12(1) (interpretation) at the appropriate place insert ““national of the United Kingdom” has the meaning given by section 178 of the 1988 Act”.

(3)

In regulation 18 (qualification for database right)—

(a)

in paragraph (1)—

(i)

for “the EEA” substitute “the United Kingdom”;

(ii)

in sub-paragraph (a), for “an EEA state” substitute “the United Kingdom”;

(iii)

in sub-paragraphs (b) and (c), for “an EEA state” substitute “any part of the United Kingdom”;

(b)

in paragraph (2), for “the EEA” and for “an EEA state”, in each place it occurs, substitute “the United Kingdom”;

(c)

in paragraph (4), omit sub-paragraph (a).

29Amendments to the Artist’s Resale Right Regulations 2006

(1)

The Artist’s Resale Right Regulations 2006f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “EEA state”;

(b)

at the appropriate place insert ““national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988”.

(3)

In regulation 10 (requirements as to nationality), in paragraph (a) for “an EEA state” and for “EEA states” substitute “the United Kingdom”.

(4)

In regulation 17 (review of regulations) omit paragraph (2).

30Amendments to the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014

In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014f1 (application for authorisation), for “European Economic Area” substitute “the United Kingdom”.

31Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014

In regulation 4 of the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014f1 (diligent search)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (a) omit “and the relevant databases maintained by the Office for Harmonization in the Internal Market”;

(ii)

in sub-paragraph (b) omit “or databases”;

(b)

in paragraph (5) omit sub-paragraph (b).

32Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016

(1)

The Collective Management of Copyright (EU Directive) Regulations 2016f1 are amended as follows.

(2)

In regulation 2(1) (interpretation and application), in the definition of “multi-territorial licence”, for “more than one member State” substitute “the United Kingdom and at least one member State”.

(3)

In regulation 4 (particular obligations of collective management organisations in relation to right holders), in paragraph (a) for “member State” substitute “country”.

(4)

In regulation 15(3) (licensing), for “a member State” substitute “the United Kingdom”.

(5)

In regulation 22(2) (application), for “Articles 101 and 102 of the Treaty on the Functioning of the European Union” substitute “Part I of the Competition Act 1998”.

(6)

In regulation 51 (review) omit paragraph (2).

33Amendments to the Copyright and Performances (Application to Other Countries) Order 2016

In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 2016f1 (citation, commencement, interpretation and revocation), in paragraph (2), in the definition of “relevant country”, for “another EEA state” substitute “an EEA state”.

34Revocation of the Portability of Online Content Services Regulations 2018

The Portability of Online Content Services Regulations 2018 are revokedf1.

35Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018

Omit regulation 20(4) of the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (review)f1.

36Amendments to Council Regulation (EU) 2017/1563

(1)

Council Regulation (EU) 2017/1563 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled is amended as follows.

(2)

Omit Article 1 (subject matter and scope).

(3)

For Article 2(4) substitute—

  • ““authorised entity established in a Member State” means an entity that falls within the definition of an authorised body in section 31F(6) of the Copyright, Designs and Patents Act 1988”.

(4)

In Article 3 (export of accessible format copies to third countries),—

(a)

for “a Member State” substitute “the United Kingdom”;

(b)

for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018”.

(5)

In Article 4 (import of accessible format copies from third countries),—

(a)

for “a Member State” substitute “the United Kingdom”;

(b)

for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018”.

(6)

In Article 5 (obligations of authorised entities) for “a Member State” substitute “the United Kingdom” in all places where it appears.

(7)

In Article 6 (protection of personal data) for “Directives 95/46/ECf1 and 2002/58/EC” substitute “Regulation (EU) 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations 2003”.

(8)

Omit Article 7 (review).

(9)

Omit Article 8 (entry into force and application).

(10)

At the end omit the sentence starting “This Regulation shall be binding”.

37Revocations

Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market is revoked.

38Transitional provisions and savings

The amendments made by these Regulations do not apply to any database in which a database right exists under the Copyright and Rights in Databases Regulations 1997 prior to exit day.

Signature

Signed by authority of the Secretary of State for

Name

Minister of State

Department for Business, Energy and Industrial Strategy

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (c), (d) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union. These Regulations make amendments to legislation in the field of copyright and related rights and, in particular, amend the Copyright, Designs and Patents Act 1988, subordinate legislation and retained direct EU legislation. These Regulations also revoke the Portability of Online Content Services Regulations 2018 and Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market.

A full impact assessment of the effect of this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP20 8QQ and is available with the explanatory memorandum alongside this instrument on the Legislation UK website www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.