Copyright (Amendment) Act 1999

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1999/1999-0012/CopyrightAmendmentAct1999_3.pdf
Published: 2015-05-01

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Copyright (Amendment) Act 1999

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AT 12 of 1999

COPYRIGHT (AMENDMENT) ACT 1999

Copyright (Amendment) Act 1999 Index


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COPYRIGHT (AMENDMENT) ACT 1999

Index Section Page

PART 1 – COPYRIGHT AND PERFORMERS’ RIGHTS 5

1 Special provision for satellite broadcasts .................................................................... 5
2 [Amends the Performers’ Protection Act 1996] .......................................................... 6
3 [Amends section 30 of the Copyright Act 1991 by adding subsection (4).] ............ 6
4 [Inserts sections 133H and 146A in the Copyright Act 1991.] .................................. 6
5 [Amends sections 164A and 165 of the Copyright Act 1991 ..................................... 6
PART 2 – DATABASES 6

Database right 6

6 Database right ................................................................................................................. 6
7 The maker of a database ................................................................................................ 7
8 First ownership of database right ................................................................................. 7
9 Acts infringing database right ...................................................................................... 7
10 Term of protection .......................................................................................................... 8
11 Qualification for database right .................................................................................... 8
12 Avoidance of certain terms affecting lawful users................................................... 10
13 Exceptions to database right ....................................................................................... 10
14 Acts permitted on assumption as to expiry of database right ................................ 10
15 Presumptions relevant to database right ................................................................... 10
16 Application of copyright provisions to database right ........................................... 11
17 Licensing of database right .......................................................................................... 11
18 Database right: jurisdiction of Tribunal ..................................................................... 11
Circumvention of protection measures etc. 12

18A Circumvention of protection measures and rights management
information .................................................................................................................... 12
Amendments of Copyright Act 1991 12

19 [Amendments to the Copyright Act 1991 about database right] ........................... 12
Supplemental 13

20 Interpretation ................................................................................................................. 13
Index Copyright (Amendment) Act 1999


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PART 3 – SUPPLEMENTAL 14

21 Patents and trade marks .............................................................................................. 14
22 Short title ....................................................................................................................... 14
SCHEDULE 1 17

EXCEPTIONS TO DATABASE RIGHT FOR PUBLIC ADMINISTRATION 17
SCHEDULE 2 19

LICENSING OF DATABASE RIGHT 19
SCHEDULE 3 25

SAVINGS AND TRANSITIONAL PROVISIONS 25
ENDNOTES 27

TABLE OF LEGISLATION HISTORY 27
TABLE OF RENUMBERED PROVISIONS 27
TABLE OF ENDNOTE REFERENCES 27

Copyright (Amendment) Act 1999 Section 1


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c i e
COPYRIGHT (AMENDMENT) ACT 1999

Received Royal Assent: 14 December 1999
Passed: 14 December 1999
Commenced—
for certain purposes 14 February 2000
for all other purposes 1 April 2000
AN ACT
to amend the Copyright Act 1991 and the Performers’ Protection Act
1996; to make further amendments of the law relating to intellectual property;
to amend the law relating to rights in databases; and for connected purposes.
PART 1 – COPYRIGHT AND PERFORMERS’ RIGHTS

1 Special provision for satellite broadcasts

(1) [Amends section 6 of the Copyright Act 1991 by substituting
subsections (3) and (4).]
(2) [Inserts section 6A in the Copyright Act 1991.]
(3) [Amends section 176(2) of the Copyright Act 1991 by inserting the
expression
“section 6A(4)(c) (designation of Convention country),”
after the words “made under-” .]
(4) Where an agreement concluded before the 1st January 1995 —
(a) between 2 or more co-producers of a film, one of whom is a
national of a Convention country (within the meaning of
section 6A of the Copyright Act 1991),
(b) the provisions of which grant to the parties exclusive rights to
exploit all communication to the public of the film in separate
geographical areas, and
(c) gives such exclusive exploitation rights in relation to the Island
but does not expressly or by implication address broadcasting
from the Island by way of satellite transmission,
Section 2 Copyright (Amendment) Act 1999


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the person to whom those exclusive rights have been granted shall not
make any broadcast by way of satellite transmission without the consent
of any other party to the agreement whose language-related exploitation
rights would be adversely affected by that broadcast.
2 [Amends the Performers’ Protection Act 1996]

(1) [Inserts section 10A and the heading preceding it in the Performers’
Protection Act 1996.]
(2) [Amends section 13 of the Performers’ Protection Act 1996 as follows:
paragraph (a) inserts in subsection (1) the words “and the right to
equitable remuneration” after the words “performers’ rights”; and
paragraph (b) adds subsection (6).]
3 [Amends section 30 of the Copyright Act 1991 by adding

subsection (4).]

4 [Inserts sections 133H and 146A in the Copyright Act 1991.]

5 [Amends sections 164A and 165 of the Copyright Act 1991

(1) [Amends section 164A of the Copyright Act 1991 by substituting
subsection (1).]
(2) [Amends section 165(2)(a) of the Copyright Act 1991 by inserting the
words “, offers or exposes for sale or hire, or advertises for sale or hire,”
after the word “hire”.]
PART 2 – DATABASES

Database right
6 Database right

(1) A property right (“database right”) subsists, in accordance with this Part,
in a database if there has been a substantial investment in obtaining,
verifying or presenting the contents of the database.
(2) For the purposes of subsection (1) it is immaterial whether or not the
database or any of its contents is a copyright work, within the meaning
of the Copyright Act 1991.
(3) This section has effect subject to section 11.
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7 The maker of a database

(1) Subject to subsections (2) to (4), the person who takes the initiative in
obtaining, verifying or presenting the contents of a database and
assumes the risk of investing in that obtaining, verification or
presentation shall be regarded as the maker of, and as having made, the
database.
(2) Where a database is made by an employee in the course of his
employment, his employer shall be regarded as the maker of the
database, subject to any agreement to the contrary.
(3) Subject to subsection (4), where a database is made by Her Majesty or by
an officer or servant of the Crown in the course of his duties, Her Majesty
shall be regarded as the maker of the database.
(4) Where a database is made by or under the direction or control of
Tynwald, the Council or the Keys —
(a) Tynwald, or the Branch by which, or under whose direction or
control, the database is made, as the case may be, shall be
regarded as the maker of the database, and
(b) if the database is made by or under the direction or control of both
Branches, the two Branches shall be regarded as the joint makers
of the database.
(5) For the purposes of this Part a database is made jointly if two or more
persons acting together in collaboration take the initiative in obtaining,
verifying or presenting the contents of the database and assume the risk
of investing in that obtaining, verification or presentation.
(6) References in this Part to the maker of a database shall, except as
otherwise provided, be construed, in relation to a database which is
made jointly, as references to all the makers of the database.
8 First ownership of database right

The maker of a database is the first owner of database right in it.
9 Acts infringing database right

(1) Subject to the provisions of this Part, a person infringes database right in
a database if, without the consent of the owner of the right, he extracts or
re-utilises all or a substantial part of the contents of the database.
(2) For the purposes of this Part, the repeated and systematic extraction or
re-utilisation of insubstantial parts of the contents of a database may
amount to the extraction or re-utilisation of a substantial part of those
contents.
Section 10 Copyright (Amendment) Act 1999


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10 Term of protection

(1) Database right in a database expires at the end of the period of 15 years
from the end of the calendar year in which the making of the database
was completed.
(2) Where a database is made available to the public before the end of the
period referred to in subsection (1), database right in the database shall
expire 15 years from the end of the calendar year in which the database
was first made available to the public.
(3) Any substantial change to the contents of a database, including a
substantial change resulting from the accumulation of successive
additions, deletions or alterations, which would result in the database
being considered to be a substantial new investment shall qualify the
database resulting from that investment for its own term of protection.
(4) This section has effect subject to paragraph 9 of Schedule 3.
11 Qualification for database right

(1) Subject to subsection (3), database right does not subsist in a database
unless, at the material time, its maker, or if it was made jointly, one or
more of its makers, was —
(a) a British citizen, a British Dependent Territories citizen, a British
National (Overseas), a British Overseas citizen, a British subject or
a British protected person within the meaning of the British
Nationality Act 1981 (an Act of Parliament), or
(b) an individual habitually resident within the Island, or
(c) a body incorporated under the law of the Island which, at the
material time, satisfied one of the conditions in subsection (3), or
(d) a partnership or other unincorporated body which was formed
under the law of the Island and which, at the material time,
satisfied the condition in subsection (3)(a).
(2) Where, or so far as, provision is made by order under subsection (4),
database right subsists in a database if, at the material time, its maker, or
if it was made jointly, one or more of its makers, was —
(a) an individual who was a national of a country to which the order
relates or habitually resident within that country, or
(b) a body incorporated under the law of that country which, at the
material time, satisfied one of the conditions in subsection (3), or
(c) a partnership or other unincorporated body formed under the law
of that country which, at the material time, satisfied the condition
in subsection (3)(a).
(3) The conditions mentioned in subsections (1)(c) and (d) and (2)(b) and (c)
are —
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(a) that the body has its central administration or principal place of
business within the Island or the country to which the order
under subsection (4) relates, as the case may be, or
(b) that the body has its registered office within the Island or that
country, and the body’s operations are linked on an ongoing basis
with the economy of the Island or that country, as the case may
be.
(4) The Council of Ministers may by order make provision for applying in
relation to a country outside the Island any of the provisions of this Part
specified in the order, so as to secure that those provisions —
(a) apply in relation to persons who are nationals of or habitually
resident in that country as they apply to persons who are British
citizens or are habitually resident in the Island, or
(b) apply in relation to a body incorporated or formed under the law
of that country as they apply in relation to bodies incorporated or
formed under the law of the Island; or
(c) [Repealed]1
2

(4A) The Governor in Council may by order make provision for applying in
relation to a country outside the Island any of the provisions of this Part
specified in the order, so as to secure that those provisions apply in
relation to the Crown in right of that country as they apply in relation to
the Crown in right of the Island.3

(5) An order under subsection (4) may make provision for all or any of the
matters mentioned in that subsection and may —
(a) apply any provisions of this Part subject to such exceptions and
modifications as are specified in the order; and
(b) direct that any provisions of this Part apply either generally or in
relation to such classes of databases, or other classes of case, as are
specified in the order.
(5A) An order under subsection (4A) may —
(a) apply any provisions of this Part subject to such exceptions and
modifications as are specified in the order; and
(b) direct that any provisions of this Part apply either generally or in
relation to such classes of databases, or other classes of case, as are
specified in the order.4

(6) Except in the case of the United Kingdom or another EEA state, the
Council of Ministers or the Governor in Council shall not make an order
under subsection (4) or (4A) respectively in relation to a country unless
satisfied that provision has been or will be made under the law of that
country in respect of databases, giving adequate protection to the owners
of database right under this Part.5

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(7) Subsection (1) does not apply in any case falling within section 7(4).
(8) In this section “the material time” means the time when the database was
made, or if the making extended over a period, a substantial part of that
period.
12 Avoidance of certain terms affecting lawful users

(1) A lawful user of a database which has been made available to the public
in any manner shall be entitled to extract or re-utilise insubstantial parts
of the contents of the database for any purpose.
(2) Where under an agreement a person has a right to use a database, or part
of a database, which has been made available to the public in any
manner, any term or condition in the agreement shall be void in so far as
it purports to prevent that person from extracting or re-utilising
insubstantial parts of the contents of the database, or of that part of the
database, for any purpose.
13 Exceptions to database right

(1) Database right in a database which has been made available to the public
in any manner is not infringed by fair dealing with a substantial part of
its contents if —
(a) that part is extracted from the database by a person who is apart
from this subsection a lawful user of the database,
(b) it is extracted for the purpose of illustration for teaching or
research and not for any commercial purpose, and
(c) the source is indicated.
(2) The provisions of Schedule 1 specify other acts which may be done in
relation to a database notwithstanding the existence of database right.
14 Acts permitted on assumption as to expiry of database right

(1) Database right in a database is not infringed by the extraction or re-
utilisation of a substantial part of the contents of the database at a time
when, or in pursuance of arrangements made at a time when —
(a) it is not possible by reasonable inquiry to ascertain the identity of
the maker, and
(b) it is reasonable to assume that database right has expired.
(2) In the case of a database alleged to have been made jointly, subsection (1)
applies in relation to each person alleged to be one of the makers.
15 Presumptions relevant to database right

(1) The following presumptions apply in proceedings brought by virtue of
this Part with respect to a database.
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(2) Where a name purporting to be that of the maker appeared on copies of
the database as published, or on the database when it was made, the
person whose name appeared shall be presumed, until the contrary is
proved —
(a) to be the maker of the database, and
(b) to have made it in circumstances not falling within section 7(2)
to (4).
(3) Where copies of the database as published bear a label or a
mark stating —
(a) that a named person was the maker of the database, or
(b) that the database was first published in a specified year,
the label or mark shall be admissible as evidence of the facts stated and
shall be presumed to be correct until the contrary is proved.
(4) In the case of a database alleged to have been made jointly,
subsections (2) and (3), so far as is applicable, apply in relation to each
person alleged to be one of the makers.
16 Application of copyright provisions to database right

The following provisions of the Copyright Act 1991 apply in relation to database
right and databases in which that right subsists as they apply in relation to
copyright and copyright works —
(a) sections 90 to 93 (dealing with rights in copyright works);
(b) sections 96 to 101 (rights and remedies of copyright owner and
exclusive licensee); and
(c) sections 112 and 113 (supplementary provisions relating to
delivery up).6

17 Licensing of database right

The provisions of Schedule 2 have effect with respect to the licensing of
database right.
18 Database right: jurisdiction of Tribunal

(1) The Isle of Man Copyright Tribunal (“the Tribunal”) has jurisdiction
under this Part to hear and determine proceedings under the following
provisions of Schedule 2 —
(a) paragraph 3, 4 or 5 (reference of licensing scheme);
(b) paragraph 6 or 7 (application with respect to licence under
licensing scheme);
(c) paragraph 10, 11 or 12 (reference or application with respect to
licence by licensing body).
Section 19 Copyright (Amendment) Act 1999


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(2) The provisions of Part VIII of the Copyright Act 1991 (general provisions
relating to the Copyright Tribunal) apply in relation to the Tribunal
when exercising any jurisdiction under this Part.
(3) Provision shall be made by rules under section 8 of the Tribunals Act 2006
prohibiting the Tribunal from entertaining a reference under
paragraph 3, 4 or 5 of Schedule 2 (reference of licensing scheme) by a
representative organisation unless the Tribunal is satisfied that the
organisation is reasonably representative of the class of persons which it
claims to represent.7

Circumvention of protection measures etc.
18A Circumvention of protection measures and rights management

information
The following provisions of the Copyright Act 1991 apply, with any
necessary modifications, to database right as they apply to copyright —
(a) subsections (1) to (4) and (5)(b) of section 163ZA (circumvention
of the technological measures);
(b) subsections (1) to (5), (6)(b) and (7) of section 163ZD (rights and
remedies in respect of devices and services) of that Act;
(c) section 163ZE (remedy where effective technological measures
prevent permitted acts);
(d) subsections (1) to (5) and (6)(b) of section 163ZG (rights
management information); and
(e) any other provision as it has effect for the purposes of the
provisions mentioned in paragraphs (a), (b) and (d).
(2) Section 15 applies in proceedings brought by virtue of section 163ZA or
163ZD of that Act in relation to database right.
(3) In the application of section 163ZE of that Act to database right
“permitted act” refers to an act that may be done by virtue of section 13
and Schedule 1.8

Amendments of Copyright Act 1991
19 [Amendments to the Copyright Act 1991 about database right]

(1) The Copyright Act 1991 is amended as follows.
(2) [Amends section 3(1) by substituting the definition of “literary work”.]
(3) [Inserts section 3A.]
(4) (a) [Amends the definition of “adaptation” in section 21(3)(a) by
inserting the words “or a database” after the words “computer
program”.]
Copyright (Amendment) Act 1999 Section 20


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(b) [Amends section 21(3) by inserting paragraph (ab).]
(5) [Amends section 29(1) by inserting the words “work, other than a
database, or a” after the word “literary”.]
(6) [Amends section 29 by inserting subsection (1A).]
(7) [Amends section 29 by adding subsection (5).]
(8) [Inserts the heading “Databases: permitted Acts” and section 50D.]
(9) [Inserts the heading “Databases” and section 163B.]
(10) [Amends section 175 by inserting the following in the appropriate places
in alphabetical order: “database section 3A(1)
original (in relation to a
database)
section 3A(2)”.

Supplemental
20 Interpretation

(1) In this Part —
“database
” has the meaning given by section 3A(1) of the Copyright Act 1991;
“EEA state
” means a state which is party to the Agreement on the European
Economic Area signed at Oporto on 2nd May 1992, as adjusted by the
Protocol signed at Brussels on 17th March 1993;9

“extraction
”, in relation to any contents of a database, means the permanent or
temporary transfer of those contents to another medium by any means or
in any form;
“insubstantial
”, in relation to part of the contents of a database, shall be
construed subject to section 9(2);
“investment
” includes any investment, whether of financial, human or technical
resources;
“jointly
”, in relation to the making of a database, shall be construed in
accordance with section 7(6);
“lawful user
”, in relation to a database, means any person who (whether under
a licence to do any of the acts restricted by any database right in the
database or otherwise) has a right to use the database;
“maker
”, in relation to a database, shall be construed in accordance with
section 7;
“re-utilisation
”, in relation to any contents of a database, means making those
contents available to the public by any means;
Section 21 Copyright (Amendment) Act 1999


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“substantial
”, in relation to any investment, extraction or re-utilisation, means
substantial in terms of quantity or quality or a combination of both;
“the Tribunal
” means the Isle of Man Copyright Tribunal.
(2) The making of a copy of a database available for use, on terms that it will
or may be returned, otherwise than for direct or indirect economic or
commercial advantage, through an establishment which is accessible to
the public shall not be taken for the purposes of this Part to constitute
extraction or re-utilisation of the contents of the database.
(3) Where the making of a copy of a database available through an
establishment which is accessible to the public gives rise to a payment
the amount of which does not go beyond what is necessary to cover the
costs of the establishment, there is no direct or indirect economic or
commercial advantage for the purposes of subsection (2).
(4) Subsection (2) does not apply to the making of a copy of a database
available for on-the-spot reference use.
PART 3 – SUPPLEMENTAL

21 Patents and trade marks

[SI1999/1899]
(1) Subject to subsection (2), the Patents and Trade Marks (World Trade
Organisation) Regulations 1999 shall extend to the Island as part of the
law of the Island; and accordingly the Patents Act 1977 and the Trade
Marks Act 1994 (Acts of Parliament) shall have effect in the Island as
amended by those Regulations.
(2) The power to modify the Patents Act 1977 in its application to the Island
conferred by section 132(2) of that Act shall apply to the provisions of the
said Regulations amending that Act; and the power to modify the Trade
Marks Act 1994 in its application to the Island conferred by section 108(2)
of that Act shall apply to the provisions of the said Regulations
amending that Act.
22 Short title

(1) This Act may be cited as the Copyright (Amendment) Act 1999.
(2) Section 177 (modification of Act) of the Copyright Act 1991 and section 42
(modification of Act) of the Design Right Act 1991 are repealed.
(3) The transitional provisions in Schedule 3 shall have effect.
(4) Part 1 and this Part (except Part 2 of Schedule 3) shall come into
operation on the expiration of the period of 2 months beginning with the
date on which this Act is passed.10

Copyright (Amendment) Act 1999 Section 22


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(5) Except as provided by subsection (4), this Act shall come into operation
on such day as the Department of Trade and Industry may by order
appoint.11

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Schedule 1

EXCEPTIONS TO DATABASE RIGHT FOR PUBLIC ADMINISTRATION

Section 13(2)
Tynwald and judicial proceedings
1. Database right in a database is not infringed by anything done for the purposes
of Tynwald proceedings or judicial proceedings or for the purposes of reporting such
proceedings.
Commissions and statutory inquiries
2. (1) Database right in a database is not infringed by anything done for —
(a) the purposes of the proceedings of a commission or committee
appointed by the Governor or a statutory inquiry, or
(b) the purpose of reporting any such proceedings held in public.
(2) Database right in a database is not infringed by the issue to the public of
copies of the report of such a commission or committee or of a statutory inquiry
containing the contents of the database.
Material open to public inspection or on official register
3. (1) Where the contents of a database are open to public inspection pursuant
to a statutory requirement, or are on a statutory register, database right in the database
is not infringed by the extraction of all or a substantial part of the contents containing
factual information of any description, by or with the authority of the appropriate
person, for a purpose which does not involve re-utilisation of all or a substantial part of
the contents.
(2) Where the contents of a database are open to public inspection pursuant
to a statutory requirement, database right in the database is not infringed by the
extraction or re-utilisation of all or a substantial part of the contents, by or with the
authority of the appropriate person, for the purpose of enabling the contents to be
inspected at a more convenient time or place or otherwise facilitating the exercise of
any right for the purpose of which the requirement is imposed.
(3) Where the contents of a database which is open to public inspection
pursuant to a statutory requirement, or which is on a statutory register, contain
information about matters of general scientific, technical, commercial or economic
interest, database right in the database is not infringed by the extraction or re-
utilisation of all or a substantial part of the contents, by or with the authority of the
appropriate person, for the purpose of disseminating that information.
(4) In this paragraph —
Schedule 1
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“appropriate person
” means the person required to make the contents of the
database open to public inspection or, as the case may be, the person
maintaining the register;
“statutory register
” means a register maintained in pursuance of a statutory
requirement; and
“statutory requirement
” means a requirement imposed by provision made by
or under an enactment.
Material communicated to the Crown in the course of public business
4. (1) This paragraph subsection applies where the contents of a database have
in the course of public business been communicated to the Crown for any purpose, by
or with the licence of the owner of the database right and a document or other material
thing recording or embodying the contents of the database is owned by or in the
custody or control of the Crown.
(2) The Crown may, for the purpose for which the contents of the database
were communicated to it, or any related purpose which could reasonably have been
anticipated by the owner of the database right in the database, extract or re-utilise all or
a substantial part of the contents without infringing database right in the database.
(3) The Crown may not re-utilise the contents of a database by virtue of this
paragraph if the contents have previously been published otherwise than by virtue of
this paragraph.
(4) In sub-paragraph (1) “public business” includes any activity carried on
by the Crown.
(5) This paragraph has effect subject to any agreement to the contrary
between the Crown and the owner of the database right in the database.
Public records
5. The contents of a database which are comprised in records which are open to
public inspection at the General Registry, the Diocesan Registry or the Manx Museum
may be re-utilised, by or with the authority of the Chief Registrar, the Diocesan
Registrar or the Director of the Manx Museum, as the case may be, without
infringement of database right in the database.
Acts done under statutory authority
6. (1) Where the doing of a particular act is specifically authorised by a
statutory provision, whenever made, then, unless it provides otherwise, the doing of
that act does not infringe database right in a database.
(2) Nothing in this paragraph shall be construed as excluding any defence of
statutory authority otherwise available under or by virtue of any enactment.
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Schedule 2

LICENSING OF DATABASE RIGHT

Section 17
Licensing scheme and licensing bodies
1. (1) In this Schedule a “licensing scheme” means a scheme setting out —
(a) the classes of case in which the operator of the scheme, or the
person on whose behalf he acts, is willing to grant database right
licences, and
(b) the terms on which licences would be granted in those classes of
case;
and for this purpose a “scheme” includes anything in the nature
of a scheme, whether described as a scheme or as a tariff or by any
other name.
(2) In this Schedule a “licensing body” means a society or other organisation
which has as its main object, or one of its main objects, the negotiating or granting,
whether as owner or prospective owner of a database right or as agent for him, of
database right licences, and whose objects include the granting of licences covering the
databases of more than one maker.
(3) In this paragraph “database right licences” means licences to do, or
authorise the doing of, any of the things for which consent is required under section 9.
References and applications with respect to licensing schemes
2. Paragraphs 3 to 8 apply to licensing schemes which are operated by licensing
bodies and cover databases of more than one maker so far as they relate to licences for
extracting or re-utilising all or a substantial part of the contents of a database; and
references in those paragraphs to a licensing scheme shall be construed accordingly.
Reference of proposed licensing scheme to Tribunal
3. (1) The terms of a licensing scheme proposed to be operated by a licensing
body may be referred to the Tribunal by an organisation claiming to be representative
of persons claiming that they require licences in cases of a description to which the
scheme would apply, either generally or in relation to any description of case.
(2) The Tribunal shall first decide whether to entertain the reference, and
may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the
matter referred and make such order, either confirming or varying the proposed
scheme, either generally or so far as it relates to cases of the description to which the
reference relates, as the Tribunal may determine to be reasonable in the circumstances.
Schedule 2
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(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Reference of licensing scheme to Tribunal
4. (1) If while a licensing scheme is in operation a dispute arises between the
operator of the scheme and —
(a) a person claiming that he requires a licence in a case of a
description to which the scheme applies, or
(b) an organisation claiming to be representative of such persons,
that person or organisation may refer the scheme to the Tribunal
in so far as it relates to cases of that description.
(2) A scheme which has been referred to the Tribunal under this paragraph
shall remain in operation until proceedings on the reference are concluded.
(3) The Tribunal shall consider the matter in dispute and make such order,
either confirming or varying the scheme so far as it relates to cases of the description to
which the reference relates, as the Tribunal may determine to be reasonable in the
circumstances.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Further reference of scheme to Tribunal
5. (1) Where the Tribunal has on a previous reference of a licensing scheme
under paragraph 3 or 4, or under this paragraph, made an order with respect to the
scheme, then, while the order remains in force —
(a) the operator of the scheme,
(b) a person claiming that he requires a licence in a case of the
description to which the order applies, or
(c) an organisation claiming to be representative of such persons,
may refer the scheme again to the Tribunal so far as it relates to
cases of that description.
(2) A licensing scheme shall not, except with the special leave of the
Tribunal, be referred again to the Tribunal in respect of the same description of cases —
(a) within 12 months from the date of the order on the previous
reference, or
(b) if the order was made so as to be in force for 15 months or less,
until the last 3 months before the expiry of the order.
(3) A scheme which has been referred to the Tribunal under this section
shall remain in operation until proceedings on the reference are concluded.
(4) The Tribunal shall consider the matter in dispute and make such order,
either confirming, varying or further varying the scheme so far as it relates to cases of
Copyright (Amendment) Act 1999 Schedule 2



c AT 12 of 1999 Page 21

the description to which the reference relates, as the Tribunal may determine to be
reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Application for grant of licence in connection with licensing scheme
6. (1) A person who claims, in a case covered by a licensing scheme, that the
operator of the scheme has refused to grant him or procure the grant to him of a licence
in accordance with the scheme, or has failed to do so within a reasonable time after
being asked, may apply to the Tribunal.
(2) A person who claims, in a case excluded from a licensing scheme, that
the operator of the scheme either —
(a) has refused to grant him a licence or procure the grant to him of a
licence, or has failed to do so within a reasonable time of being
asked, and that in the circumstances it is unreasonable that a
licence should not be granted, or
(b) proposes terms for a licence which are unreasonable,
may apply to the Tribunal.
(3) A case shall be regarded as excluded from a licensing scheme for the
purposes of sub-paragraph (2) if —
(a) the scheme provides for the grant of licences subject to terms
excepting matters from the licence and the case falls within such
an exception, or
(b) the case is so similar to those in which licences are granted under
the scheme that it is unreasonable that it should not be dealt with
in the same way.
(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an
order declaring that, in respect of the matters specified in the order, the applicant is
entitled to a licence on such terms as the Tribunal may determine to be applicable in
accordance with the scheme or, as the case may be, to be reasonable in the
circumstances.
(5) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Application for review of order as to entitlement to licence
7. (1) Where the Tribunal has made an order under paragraph 6 that a person
is entitled to a licence under a licensing scheme, the operator of the scheme or the
original applicant may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the
Tribunal —
Schedule 2
Copyright (Amendment) Act 1999


Page 22 AT 12 of 1999 c

(a) within 12 months from the date of the order, or of the decision on
a previous application under this section, or
(b) if the order was made so as to be in force for 15 months or less, or
as a result of the decision on a previous application under this
section is due to expire within 15 months of that decision, until
the last 3 months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order
as the Tribunal may determine to be reasonable having regard to the terms applicable
in accordance with the licensing scheme or, as the case may be, the circumstances of
the case.
Effect of order of Tribunal as to licensing scheme
8. (1) A licensing scheme which has been confirmed or varied by the
Tribunal —
(a) under paragraph 3 (reference of terms of proposed scheme), or
(b) under paragraph 4 or 5 (reference of existing scheme to Tribunal),
shall be in force or, as the case may be, remain in operation, so far
as it relates to the description of case in respect of which the order
was made, so long as the order remains in force.
(2) While the order is in force a person who in a case of a class to which the
order applies —
(a) pays to the operator of the scheme any charges payable under the
scheme in respect of a licence covering the case in question or, if
the amount cannot be ascertained, gives an undertaking to the
operator to pay them when ascertained, and
(b) complies with the other terms applicable to such a licence under
the scheme,
shall be in the same position as regards infringement of database
right as if he had at all material times been the holder of a licence
granted by the owner of the database right in question in
accordance with the scheme.
(3) The Tribunal may direct that the order, so far as it varies the amount of
charges payable, has effect from a date before that on which it is made, but not earlier
than the date on which the reference was made or, if later, on which the scheme came
into operation.
If such a direction is made —
(a) any necessary repayments, or further payments, shall be made in
respect of charges already paid, and
(b) the reference in sub-paragraph (2)(a) to the charges payable under
the scheme shall be construed as a reference to the charges so
payable by virtue of the order.
Copyright (Amendment) Act 1999 Schedule 2



c AT 12 of 1999 Page 23

No such direction may be made where sub-paragraph (4) applies.
(4) Where the Tribunal has made an order under paragraph 6 (order as to
entitlement to licence under licensing scheme) and the order remains in force, the
person in whose favour the order is made shall if he —
(a) pays to the operator of the scheme any charges payable in
accordance with the order or, if the amount cannot be ascertained,
gives an undertaking to pay the charges when ascertained, and
(b) complies with the other terms specified in the order,
be in the same position as regards infringement of database right
as if he had at all material times been the holder of a licence
granted by the owner of the database right in question on the
terms specified in the order.
References and applications with respect to licences by licensing bodies
9. Paragraphs 10 to 13 (references and applications with respect to licensing by
licensing bodies) apply to licences relating to database right which cover databases of
more than one maker granted by a licensing body otherwise than in pursuance of a
licensing scheme, so far as the licences authorise extracting or re-utilising all or a
substantial part of the contents of a database; and references in those paragraphs to a
licence shall be construed accordingly.
Reference to Tribunal of proposed licence
10. (1) The terms on which a licensing body proposes to grant a licence may be
referred to the Tribunal by the prospective licensee.
(2) The Tribunal shall first decide whether to entertain the reference, and
may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the
terms of the proposed licence and make such order, either confirming or varying the
terms, as it may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Reference to Tribunal of expiring licence
11. (1) A licensee under a licence which is due to expire, by effluxion of time or
as a result of notice given by the licensing body, may apply to the Tribunal on the
ground that it is unreasonable in the circumstances that the licence should cease to be
in force.
(2) Such an application may not be made until the last 3 months before the
licence is due to expire.
(3) A licence in respect of which a reference has been made to the Tribunal
shall remain in operation until proceedings on the reference are concluded.
Schedule 2
Copyright (Amendment) Act 1999


Page 24 AT 12 of 1999 c

(4) If the Tribunal finds the application well-founded, it shall make an order
declaring that the licensee shall continue to be entitled to the benefit of the licence on
such terms as the Tribunal may determine to be reasonable in the circumstances.
(5) An order of the Tribunal under this section may be made so as to be in
force indefinitely or for such period as the Tribunal may determine.
Application for review of order as to licence
12. (1) Where the Tribunal has made an order under paragraph 10 or 11, the
licensing body or the person entitled to the benefit of the order may apply to the
Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the
Tribunal —
(a) within 12 months from the date of the order or of the decision on
a previous application under this paragraph, or
(b) if the order was made so as to be in force for 15 months or less, or
as a result of the decision on a previous application under this
section is due to expire within 15 months of that decision, until
the last 3 months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order
as the Tribunal may determine to be reasonable in the circumstances.
Effect of order of Tribunal as to licence
13. (1) Where the Tribunal has made an order under paragraph 10 or 11 and the
order remains in force, the person entitled to the benefit of the order shall if he —
(a) pays to the licensing body any charges payable in accordance
with the order or, if the amount cannot be ascertained, gives an
undertaking to pay the charges when ascertained, and
(b) complies with the other terms specified in the order,
be in the same position as regards infringement of database right
as if he had at all material times been the holder of a licence
granted by the owner of the database right in question on the
terms specified in the order.
(2) The benefit of the order may be assigned —
(a) in the case of an order under paragraph 10, if assignment is not
prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under paragraph 11, if assignment was not
prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under paragraph 10 or 11, or an
order under paragraph 12 varying such an order, so far as it varies the amount of
charges payable, has effect from a date before that on which it is made, but not earlier
Copyright (Amendment) Act 1999 Schedule 3



c AT 12 of 1999 Page 25

than the date on which the reference or application was made or, if later, on which the
licence was granted or, as the case may be, was due to expire.
If such a direction is made —
(a) any necessary repayments, or further payments, shall be made in
respect of charges already paid, and
(b) the reference in sub-paragraph (1)(a) to the charges payable in
accordance with the order shall be construed, where the order is
varied by a later order, as a reference to the charges so payable by
virtue of the later order.
General considerations: unreasonable discrimination
14. In determining what is reasonable on a reference or application under this
Schedule relating to a licensing scheme or licence, the Tribunal shall have regard to —
(a) the availability of other schemes, or the granting of other licences,
to other persons in similar circumstances, and
(b) the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no
unreasonable discrimination between licensees, or prospective
licensees, under the scheme or licence to which the reference or
application relates and licensees under other schemes operated
by, or other licences granted by, the same person.
Schedule 3

SAVINGS AND TRANSITIONAL PROVISIONS

Section 22(3)
PART 1 – SATELLITE BROADCASTS

1. Nothing in section 1 applies in relation to a broadcast made before the
commencement of that section.
Equitable remuneration for exploitation of sound recording
2. No right to equitable remuneration arises under section 2 in respect of a
performance taking place before the commencement of that section.
Copyright licensing
3. Section 4(2) does not apply where the reference or application to the Tribunal
was made before the commencement of that section.
Schedule 3
Copyright (Amendment) Act 1999


Page 26 AT 12 of 1999 c

Unauthorised decoders
4. The amendment made by subsection (1) of section 5 does not apply to an
offence committed before the commencement of that subsection.
PART 2 – INTRODUCTORY

5. (1) In this Part “commencement
” means the commencement of Part 2.
(2) Expressions used in this Part which are defined for the purposes of the
Copyright Act 1991 have the same meaning as in that Act.
General rule
6. Subject to paragraphs 7 and 8, Part 2 applies to databases made before or after
commencement.
General savings
7. (1) Nothing in Part 2 affects any agreement made before commencement.
(2) No act done —
(a) before commencement, or
(b) after commencement, in pursuance of an agreement made before
commencement,
shall be regarded as an infringement of database right in a
database.
Saving for copyright in certain existing databases
8. (1) Where a database is a copyright work immediately before
commencement, copyright shall continue to subsist in the database for the remainder
of its copyright term.
(2) In this paragraph “copyright term” means the period of the duration of
copyright under section 12 of the Copyright Act 1991 (duration of copyright in literary,
dramatic, musical or artistic works).
Database right: term applicable to certain existing databases
9. Where —
(a) the making of a database was completed less than 5 years before
commencement, and
(b) on commencement, database right begins to subsist in the
database,
database right shall subsist in the database for the period of 15
years beginning with commencement.
Copyright (Amendment) Act 1999 Endnotes


c AT 12 of 1999 Page 27

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (c) repealed by SD861/11. 2
Subs (4) amended by SD861/11. 3
Subs (4A) inserted by SD861/11. 4
Subs (5A) inserted by SD861/11. 5
Subs (6) amended by SD861/11. 6
S 6 substituted by SD76/13. 7
Subs (3) amended by Copyright etc (Amendment) Act 2014 s 7. 8
S 18A inserted by SD76/13. By para 4(2) of SD76/13, s 18A applies to databases in
which database right exists, whether made before or after the coming into operation of
s 18A on 01/4/13. 9
See CM 2073- CM 2183 10
Effective date 14/2/2000. 11
ADO (Part 2 (ss 6 to 20) and Part 2 of Sch 3) 1/4/2000 (SD103/00).