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The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

S.I. 2019/605 · Made 19 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Intellectual Property

Made 19th March 2019

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 2018 M1.

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

Marginal citations

M1

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. 3Regulation 3
  6. 4Regulation 4
  7. 5Regulation 5
  8. 6Regulation 6
  9. 7Regulation 7
  10. 8Regulation 8
  11. 9Regulation 9
  12. 10Regulation 10
  13. 11Regulation 11
  14. 12Regulation 12
  15. 13Regulation 13
  16. 14Regulation 14
  17. 15Regulation 15
  18. 16Regulation 16
  19. 17Regulation 17
  20. 18Regulation 18
  21. 19Regulation 19
  22. 20Regulation 20
  23. 21Regulation 21
  24. 22Regulation 22
  25. 23Regulation 23
  26. 24Regulation 24
  27. 25Regulation 25
  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 commencementI1

(1)

These Regulations may be cited as the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019.

(2)

These Regulations come into force on exit day.

2Amendments to the Copyright, Designs and Patents Act 1988I1

The Copyright, Designs and Patents Act 1988 M1 is amended in accordance with this Part.

3I1

In section 6A (safeguards in case of certain satellite broadcasts) M1—

(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 ”.

4I1

In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works) M1, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

5I1

In section 13A(4) (duration of copyright in sound recordings) M1, for “an EEA state” substitute “ the United Kingdom ”.

6I1

In section 13B(7) and (8) (duration of copyright in films) M1, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

7I1

In section 14(3) (duration of copyright in broadcasts) M1, for “an EEA state” substitute “ the United Kingdom ”.

8I1

In section 15A(4) (meaning of country of origin) M1—

(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 ”.

9I1

In section 31B(1) and (9) (making and supply of accessible copies by authorised bodies) M1 omit “or another member State of the European Union” in each place it occurs.

10I1

In section 31BB(4)(b) (accessible and intermediate copies: records and notification) M1, for “another” substitute “ a ”.

11I1

Omit section 44B (permitted uses of orphan works) M1.

12I1

Omit section 76A (certain permitted uses of orphan works) M1.

13I1

In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission) M1, for “another” substitute “ an ”.

14I1

In section 154(1) (qualification by reference to author) M1—

(a)

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

(b)

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

15I1

In section 155(1)(a) (qualification by reference to country of first publication) M1 omit “another EEA state,”.

16I1

In section 156(1)(a) (qualification by reference to place of transmission) M1 omit “another EEA state,”.

17I1

In section 170 (transitional provisions and savings) M1 omit subsection (3).

18I1

In section 172A (meaning of EEA and related expressions) M1 omit subsection (2).

19I1

In section 178 (minor definitions) M1, at the appropriate place insert—

““national of the United Kingdom” means—

(a)

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

(b)

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

(c)

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

(d)

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

20I1

In section 179 (index of defined expressions) M1—

(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

”.

21I1

In section 191(4) (duration of rights) M1, for “an EEA state” substitute “ the United Kingdom ”.

22I1

In section 206(1) (qualifying countries, individuals and persons) M1 omit paragraph (b).

23I1

Omit Schedule ZA1 (certain permitted uses of orphan works) M1.

24I1

In Schedule 1 (copyright: transitional provisions and savings) M1, in paragraph 6(1A), for “another” substitute “ an ”.

25I1

In Schedule 2 (rights in performances: permitted acts) M1—

(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 1995I1

(1)

The Duration of Copyright and Rights in Performances Regulations 1995 M1 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 1996I1

(1)

The Copyright and Related Rights Regulations 1996 M1 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 1997I1

(1)

The Copyright and Rights in Databases Regulations 1997 M1 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 2006I1

(1)

The Artist's Resale Right Regulations 2006 M1 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 2014I1

In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 M1 (application for authorisation), for “European Economic Area” substitute “ the United Kingdom ”.

31Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014I1

M1In regulation 4 of the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 (diligent search)—

F1(a)

in paragraph (3)—

(i)

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

(ii)

omit sub-paragraph (b);

(b)

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

32Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016I1

(1)

The Collective Management of Copyright (EU Directive) Regulations 2016 M1 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 2016I1

In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 2016 M1 (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 2018I1

The Portability of Online Content Services Regulations 2018 are revoked M1.

35Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018I1

Omit regulation 20(4) of the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (review) M1.

36Amendments to Council Regulation (EU) 2017/1563I1

(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/EC M1 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”.

37RevocationsI1

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 savingsI1

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 F1IP completion day.

Signature

Chris Skidmore

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

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.