Copyright Act 1991
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AT 8 of 1991
COPYRIGHT ACT 1991
Copyright Act 1991 Index
c AT 8 of 1991 Page 3
c i e
COPYRIGHT ACT 1991
Index Section Page
PART I – SUBSISTENCE, OWNERSHIP AND DURATION OF
COPYRIGHT 13
Introductory 13
1 Copyright and copyright works ................................................................................. 13
2 Rights subsisting in copyright works ........................................................................ 14
Description of work and related provisions 14
3 Literary, dramatic and musical works ....................................................................... 14
3A Databases ....................................................................................................................... 15
4 Artistic works ................................................................................................................ 15
5 Sound recordings .......................................................................................................... 15
5A Films ............................................................................................................................... 16
6 Broadcasts ...................................................................................................................... 16
6A Safeguards in relation to certain satellite broadcasts............................................... 17
7 [Repealed] ...................................................................................................................... 18
8 Published editions ........................................................................................................ 18
Authorship and ownership of copyright 19
9 Authorship of work ...................................................................................................... 19
10 Works of joint authorship ............................................................................................ 19
11 First ownership of copyright ....................................................................................... 20
Duration of copyright 20
12 Duration of copyright in literary, dramatic, musical or artistic works ................. 20
13 Duration of copyright in sound recordings .............................................................. 21
13A Duration of copyright in films .................................................................................... 22
14 Duration of copyright in broadcasts .......................................................................... 23
15 Duration of copyright in typographical arrangement of published editions ...... 24
15A Meaning of country of origin ...................................................................................... 24
PART II – RIGHTS OF COPYRIGHT OWNER 25
The acts restricted by copyright 25
16 The acts restricted by copyright in a work ................................................................ 25
Index Copyright Act 1991
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Primary infringement of copyright 26
17 Infringement of copyright by copying ...................................................................... 26
18 Infringement by issue of copies to the public........................................................... 26
18A Infringement by rental of work to the public ........................................................... 27
19 Infringement by performance, showing or playing of work in public ................. 27
20 Infringement by communication to the public ........................................................ 28
21 Infringement by making adaptation or act done in relation to adaptation ......... 28
Secondary infringement of copyright 29
22 Secondary infringement: importing infringing copy .............................................. 29
23 Secondary infringement: possessing or dealing with infringing copy ................. 29
24 Secondary infringement: making, importing, possessing or dealing with
article for making infringing copies .......................................................................... 30
25 Secondary infringement: permitting use of premises for infringing
performance .................................................................................................................. 30
26 Secondary infringement: provision of apparatus for infringing
performance, etc ........................................................................................................... 30
Infringing copies 31
27 Meaning of “infringing copy” .................................................................................... 31
PART III – ACTS PERMITTED IN RELATION TO COPYRIGHT
WORKS 32
Introductory 32
28 Introductory provisions............................................................................................... 32
General 33
28A Making of temporary copies ....................................................................................... 33
29 Research and private study......................................................................................... 33
30 Criticism, review and news reporting ....................................................................... 34
31 Incidental inclusion of copyright material ................................................................ 35
Visual impairment 35
31A Making single accessible copy for personal use ...................................................... 35
31B Multiple copies for visually impaired persons ........................................................ 37
31C Intermediate copies and records ................................................................................ 38
31D Licensing schemes ........................................................................................................ 39
31E Limitations, etc. following infringement of copyright ............................................ 40
31F Sections 31A to 31E: supplemental ............................................................................ 41
Education 42
32 Things done for purposes of instruction or examination ....................................... 42
33 Anthologies for educational use ................................................................................ 43
34 Performing, playing or showing work in course of activities of educational
establishment ................................................................................................................ 44
35 Recording by educational establishments of broadcasts ........................................ 44
36 Reprographic copying by educational establishments of passages from
published works ........................................................................................................... 45
Libraries and archives 46
Copyright Act 1991 Index
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37 Libraries and archives: introductory .......................................................................... 46
38 Copying by librarians: articles in periodicals ........................................................... 46
39 Copying by librarians: parts of published works .................................................... 47
40 Restriction on production of multiple copies of the same material ....................... 47
41 Copying by librarians: supply of copies to other libraries ...................................... 48
42 Copying by librarians or archivists: replacement copies of works ........................ 48
43 Copying by librarians or archivists: certain unpublished works........................... 49
44 Copy of work required to be made as condition of export ..................................... 49
Public administration 49
45 Tynwald and judicial proceedings ............................................................................. 49
46 Inquiries ......................................................................................................................... 50
47 Material open to public inspection or on official register ....................................... 50
48 Material communicated to the Crown in the course of public business ............... 51
49 Public records ................................................................................................................ 52
50 Acts done under statutory authority ......................................................................... 52
Computer programs: lawful users 52
50A Back-up copies .............................................................................................................. 52
50B Decompilation ............................................................................................................... 52
50BA Observing, studying and testing of computer programs ........................................ 53
50C Other acts permitted to lawful users.......................................................................... 54
Databases: permitted acts 54
50D Acts permitted in relation to databases ..................................................................... 54
Designs 54
51 Design documents and models ................................................................................... 54
52 Effect of exploitation of design derived from artistic work .................................... 55
53 Things done in reliance on registration of design .................................................... 55
Typefaces 56
54 Use of typeface in ordinary course of printing ......................................................... 56
55 Articles for producing material in particular typeface ............................................ 57
Works in electronic form 57
56 Transfer of copies of works in electronic form ......................................................... 57
Miscellaneous: literary, dramatic, musical and artistic works 58
57 Anonymous or pseudonymous works: acts permitted on assumptions as
to expiry of copyright or death of author .................................................................. 58
58 Use of notes or recordings of spoken words in certain cases ................................. 58
59 Public reading or recitation ......................................................................................... 59
60 Abstracts of scientific or technical articles ................................................................ 59
61 Recordings of folksongs ............................................................................................... 60
62 Representation of certain artistic works on public display .................................... 60
63 Advertisement of sale of artistic work ....................................................................... 61
64 Making of subsequent works by same artist ............................................................ 61
65 Reconstruction of buildings ........................................................................................ 61
Miscellaneous: sound recordings, films and computer programs 62
Index Copyright Act 1991
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66 Rental of sound recordings, films and computer programs .................................. 62
Miscellaneous: films and sound recordings 62
66A Films: acts permitted on assumptions as to expiry of copyright, etc .................... 62
67 Playing of sound recordings for purposes of club, society, etc ............................. 63
Miscellaneous: broadcasts 63
68 Incidental recording for purposes of broadcast ....................................................... 63
69 Recording for purposes of supervision and control of broadcasts ....................... 64
70 Recording for purposes of time-shifting ................................................................... 65
71 Photographs of broadcasts .......................................................................................... 65
72 Free public showing or playing of broadcast ........................................................... 66
73 Reception and re-transmission of wireless broadcast by cable ............................. 67
74 Provision of sub-titled copies of broadcast ............................................................... 67
75 Recording for archival purposes ................................................................................ 68
Adaptations 68
76 Adaptations ................................................................................................................... 68
PART IV – MORAL RIGHTS 68
Right to be identified as author or director 68
77 Right to be identified as author or director .............................................................. 68
78 Requirement that right be asserted ............................................................................ 70
79 Exceptions to right ....................................................................................................... 71
Right to object to derogatory treatment of work 72
80 Right to object to derogatory treatment of work ..................................................... 72
81 Exceptions to right ....................................................................................................... 73
82 Qualification of right in certain cases ........................................................................ 74
83 Infringement of right by possessing or dealing with infringing article ............... 75
False attribution of work 75
84 False attribution of work ............................................................................................. 75
Right to privacy of certain photographs and films 76
85 Right to privacy of certain photographs and films.................................................. 76
Supplementary 77
86 Duration of rights ......................................................................................................... 77
87 Consent and waiver of rights ..................................................................................... 77
88 Application of provisions to joint works .................................................................. 78
89 Application of provisions to parts of works ............................................................. 79
PART V – DEALINGS WITH RIGHTS IN COPYRIGHT WORKS 79
Copyright 79
90 Assignment and licences ............................................................................................. 79
91 Prospective ownership of copyright .......................................................................... 79
92 Exclusive licences ......................................................................................................... 80
93 Copyright to pass under will with unpublished work ........................................... 80
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93A Presumption of transfer of rental right in case of film production
agreement ...................................................................................................................... 81
93B Right to equitable remuneration where rental right transferred ........................... 81
93C Equitable remuneration: reference of amount to Tribunal ..................................... 82
Moral rights 83
94 Moral rights not assignable ......................................................................................... 83
95 Transmission of moral rights on death ...................................................................... 83
PART VI – REMEDIES FOR INFRINGEMENT 84
Rights and remedies of copyright owner 84
96 Infringement actionable by copyright owner ........................................................... 84
97 Damages in infringement action................................................................................. 84
98 Order for delivery up ................................................................................................... 85
99 Right to seize infringing copies, etc ........................................................................... 85
Rights and remedies of exclusive licensee 86
100 Rights and remedies of exclusive licensee ................................................................ 86
100A Certain infringements actionable by non-exclusive licensee .................................. 86
101 Exercise of concurrent rights ....................................................................................... 87
Remedies for infringement of moral rights 88
102 Remedies for infringement of moral rights ............................................................... 88
Presumptions 88
103 Presumptions relevant to literary, dramatic, musical and artistic works ............. 88
104 Presumptions relevant to sound recordings and films ........................................... 89
105 Presumptions relevant to works subject to Crown copyright ................................ 90
Offences 91
106 Criminal liability for making or dealing with infringing articles, etc ................... 91
106A Enforcement of s 106 .................................................................................................... 92
107 Order for delivery up in criminal proceedings ........................................................ 93
108 Search warrants ............................................................................................................. 93
109 Offence by body corporate: liability of officers ........................................................ 94
Importation of infringing copies 94
110 Infringing copies may be treated as prohibited goods ............................................ 94
111 Power of Treasury to make regulations .................................................................... 95
Supplementary 96
112 Period after which remedy of delivery up not available ........................................ 96
113 Order as to disposal of infringing copy or other article .......................................... 96
113A Forfeiture of infringing copies, etc. ............................................................................ 97
PART VII – COPYRIGHT LICENSING 99
Licensing schemes and licensing bodies 99
114 Licensing schemes and licensing bodies ................................................................... 99
Orphan works licensing and extended collective licensing 99
114A Power to provide for licensing of orphan works ..................................................... 99
Index Copyright Act 1991
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114B Extended collective licensing .................................................................................... 100
114C General provision about licensing under sections 114A and 114B ..................... 101
114D Regulations under sections 114A and 114B ............................................................ 101
References and applications with respect to licensing schemes 102
115 Licensing schemes to which sections 116 to 121 apply ......................................... 102
116 Reference of proposed licensing scheme to tribunal ............................................. 102
117 Reference of licensing scheme to tribunal .............................................................. 102
118 Further reference of scheme to tribunal .................................................................. 103
119 Application for grant of licence in connection with licensing scheme ............... 104
120 Application for review of order as to entitlement to licence ................................ 104
121 Effect of order of tribunal as to licensing scheme .................................................. 105
References and applications with respect to licensing by licensing bodies 106
122 Licences to which sections 123 to 126 apply ........................................................... 106
123 Reference to tribunal of terms of proposed licence ............................................... 106
124 Reference to tribunal of terms of expiring licence ................................................. 107
125 Application for review of order as to licence ......................................................... 107
126 Effect of order of tribunal as to licence .................................................................... 108
Factors to be taken into account in certain classes of case 108
127 General considerations: unreasonable discrimination .......................................... 108
128 Licences for reprographic copying .......................................................................... 109
129 Licences for educational establishments in respect of works included in
broadcasts .................................................................................................................... 109
130 Licences to reflect conditions imposed by promoters of events .......................... 109
131 Licences to reflect payments in respect of underlying rights............................... 110
132 Licences in respect of works included in re-transmissions .................................. 110
133 Mention of specific matters not to exclude other relevant considerations......... 111
Use as of right of sound recordings in broadcasts 111
133A Circumstances in which a right is available ........................................................... 111
133B Notice of intention to exercise right ......................................................................... 112
133C Conditions of exercise of right .................................................................................. 112
133D Applications to settle payments ............................................................................... 113
133E References about conditions etc ............................................................................... 113
133F Application for review of order ............................................................................... 114
133G Factors to be taken into account ............................................................................... 114
133H Power to amend sections 133A to 133G ................................................................. 115
Implied indemnity in schemes or licences for reprographic copying 115
134 Implied indemnity in certain schemes and licences for reprographic
copying ........................................................................................................................ 115
Reprographic copying by educational establishments 116
135 Power to extend coverage of scheme or licence ..................................................... 116
136 Variation or discharge of order extending scheme or licence .............................. 117
137 Appeals against orders .............................................................................................. 117
138 Inquiry whether new scheme or general licence required ................................... 118
139 Statutory licence where recommendation not implemented ............................... 119
Copyright Act 1991 Index
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Royalty or other sum payable for rental of certain works 120
140 Royalty or other sum payable for rental of sound recording, film or
computer program ...................................................................................................... 120
Certification of licensing schemes 121
141 Certification of licensing schemes ............................................................................ 121
PART VIII - THE ISLE OF MAN COPYRIGHT TRIBUNAL 122
The Tribunal 122
142 The Isle of Man Copyright Tribunal ........................................................................ 122
143 [Repealed] .................................................................................................................... 122
Jurisdiction and procedure 122
144 Jurisdiction of the tribunal ........................................................................................ 122
145 Procedural rules .......................................................................................................... 123
146 Costs, proof of orders, etc .......................................................................................... 123
146A Award of interest ....................................................................................................... 123
147 Appeal to the court on point of law ......................................................................... 124
PART IX – QUALIFICATION FOR AND EXTENT OF COPYRIGHT
PROTECTION 125
Qualification for copyright protection 125
148 Qualification for copyright protection ..................................................................... 125
149 Qualification by reference to author ........................................................................ 125
150 Qualification by reference to country of first publication ..................................... 126
151 Qualification by reference to place of transmission ............................................... 127
Application of this Act 127
152 Application of this Act in relation to other countries ............................................ 127
153 Denial of copyright protection to citizens of other countries not giving
adequate protection to Manx works ........................................................................ 129
Supplementary 129
154 Territorial waters ........................................................................................................ 129
155 Manx ships ................................................................................................................... 129
PART X – MISCELLANEOUS AND GENERAL 130
Crown and Tynwald copyright 130
156 Crown copyright ......................................................................................................... 130
157 Copyright in Acts and Measures .............................................................................. 131
158 Tynwald copyright ..................................................................................................... 131
159 Copyright in Bills ........................................................................................................ 132
160 Supplementary provisions with respect to Tynwald copyright .......................... 133
Other miscellaneous provisions 133
161 Copyright vesting in certain international organisations ..................................... 133
162 Folklore etc: anonymous unpublished works ........................................................ 134
Circumvention of protection measures 134
Index Copyright Act 1991
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163 Circumvention of technical devices applied to computer programs .................. 134
163ZA Circumvention of technological measures ............................................................. 136
163ZB Devices and services designed to circumvent technological measures .............. 137
163ZC Devices and services designed to circumvent technological measures:
search warrants and forfeiture ................................................................................. 138
163ZD Rights and remedies in respect of devices and services designed to
circumvent technological measures ......................................................................... 138
163ZE Remedy where effective technological measures prevent permitted acts ........ 140
163ZF Interpretation of sections 296ZA to 296ZE ............................................................. 141
Rights management information 142
163ZG Electronic rights management information ............................................................ 142
Computer programs 143
163A Avoidance of certain terms ....................................................................................... 143
Databases 143
163B Avoidance of certain terms relating to databases .................................................. 143
Fraudulent reception of programmes 144
164 Fraudulently receiving programmes ....................................................................... 144
164A Unauthorised decoders ............................................................................................ 144
164B Unauthorised decoders: search warrants ............................................................... 144
164C Forfeiture of unauthorised decoders ....................................................................... 145
165 Rights and remedies in respect of apparatus etc ................................................... 146
166 Supplementary provisions as to fraudulent reception ......................................... 147
Transitional provisions and savings 147
167 Transitional provisions and savings ........................................................................ 147
168 Rights and privileges under other enactments or the common law ................... 148
Interpretation 149
169 General provisions as to construction ..................................................................... 149
169A Meaning of EEA national and EEA state ................................................................ 149
170 Construction of references to copyright owner ..................................................... 149
171 Meaning of “educational establishment” and related expressions ..................... 150
172 Meaning of publication and commercial publication ........................................... 150
173 Requirement of signature: application in relation to body corporate................. 151
174 Minor definitions ........................................................................................................ 152
175 Index of defined expressions .................................................................................... 154
Supplemental 156
176 Orders, rules and regulations ................................................................................... 156
177 [Repealed] .................................................................................................................... 157
178 Consequential amendments and revocations ........................................................ 157
179 Short title and commencement ................................................................................. 157
SCHEDULE 1 159
TRANSITIONAL PROVISIONS 159
Copyright Act 1991 Index
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SCHEDULE 1A 172
PERMITTED ACTS TO WHICH SECTION 163ZE APPLIES 172
SCHEDULE 2 173
AMENDMENT OF ENACTMENTS 173
SCHEDULE 3 173
ORDERS REVOKED 173
ENDNOTES 175
TABLE OF LEGISLATION HISTORY 175
TABLE OF RENUMBERED PROVISIONS 175
TABLE OF ENDNOTE REFERENCES 175
Copyright Act 1991 Section 1
c AT 8 of 1991 Page 13
c i e
COPYRIGHT ACT 1991
Received Royal Assent: 18 June 1991
Passed: 18 June 1991
Commenced: 1 July 1992
AN ACT
to restate the law of copyright with amendments.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
EDITORIAL NOTE:
There are free-standing transitional provisions affecting the
amendments made to this Act by the Copyright (Amendment) Regulations 2013 (SD
74/13 Sch 2), commenced 1 April 2013, which are not reflected in the text of the Act.
The transitionals can be found here
http://www.tynwald.org.im/links/tls/SD/2013/2013-SD-0074.pdf
PART I – SUBSISTENCE, OWNERSHIP AND DURATION OF
COPYRIGHT
Introductory
1 Copyright and copyright works
[P1988/48/1]
(1) Copyright is a property right which subsists in accordance with this Act
in the following descriptions of work —
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films, or broadcasts, and1
(c) the typographical arrangement of published editions.
(2) In this Act “copyright work
” means a work of any of those descriptions
in which copyright subsists.
Section 2 Copyright Act 1991
Page 14 AT 8 of 1991 c
(3) Copyright does not subsist in a work unless the requirements of this Act
with respect to qualification for copyright protection are met (see
section 148 and the provisions referred to there).
2 Rights subsisting in copyright works
[P1988/48/2]
(1) The owner of the copyright in a work of any description has the
exclusive right to do the acts specified in Part II as the acts restricted by
the copyright in a work of that description.
(2) In relation to certain descriptions of copyright work the following rights
conferred by Part IV (moral rights) subsist in favour of the author,
director or commissioner of the work, whether or not he is the owner of
the copyright —
(a) section 77 (right to be identified as author or director),
(b) section 80 (right to object to derogatory treatment of work), and
(c) section 85 (right to privacy of certain photographs and films).
Description of work and related provisions
3 Literary, dramatic and musical works
[P1988/48/3]
(1) In this Act —
“literary work
” means any work, other than a dramatic or musical work, which
is written, spoken or sung, and accordingly includes —
(a) a table or compilation other than a database,
(b) a computer program,
(c) preparatory design material for a computer program, and
(d) a database;2
“dramatic work
” includes a work of dance or mime; and
“musical work
” means a work consisting of music, exclusive of any words or
action intended to be sung, spoken or performed with the music.
(2) Copyright does not subsist in a literary, dramatic or musical work unless
and until it is recorded, in writing or otherwise; and references in this
Act to the time at which such a work is made are to the time at which it is
so recorded.
(3) It is immaterial for the purposes of subsection (2) whether the work is
recorded by or with the permission of the author; and where it is not
recorded by the author, nothing in that subsection affects the question
whether copyright subsists in the record as distinct from the work
recorded.
Copyright Act 1991 Section 4
c AT 8 of 1991 Page 15
3A Databases
(1) In this Part “database
” means a collection of independent works, data or
other materials which —
(a) are arranged in a systematic or methodical way, and
(b) are individually accessible by electronic or other means.
(2) For the purposes of this Part a literary work consisting of a database is
original if, and only if, by reason of the selection or arrangement of the
contents of the database the database constitutes the author’s own
intellectual creation.3
4 Artistic works
[P1988/48/4]
(1) In this Act “artistic work
” means —
(a) a graphic work, photograph, sculpture or collage, irrespective of
artistic quality,
(b) a work of architecture being a building or a model for a building,
or
(c) a work of artistic craftsmanship.
(2) In this Act —
“building
” includes any fixed structure, and a part of a building or fixed
structure;
“graphic work
” includes —
(a) any painting, drawing, diagram, map, chart or plan, and
(b) any engraving, etching, lithograph, woodcut or similar work;
“photograph
” means a recording of light or other radiation on any medium on
which an image is produced or from which an image may by any means
be produced, and which is not part of a film;
“sculpture
” includes a cast or model made for purposes of sculpture.
5 Sound recordings
(1) In this Act “sound recording
” means —
(a) a recording of sounds, from which the sounds may be
reproduced, or
(b) a recording of the whole or any part of a literary, dramatic or
musical work, from which sounds reproducing the work or part
may be produced,
regardless of the medium on which the recording is made or the method
by which the sounds are reproduced or produced.
Section 6 Copyright Act 1991
Page 16 AT 8 of 1991 c
(2) Copyright does not subsist in a sound recording which is, or to the extent
that it is, a copy taken from a previous sound recording.4
5A Films
(1) In this Act “film”
means a recording on any medium from which a
moving image may by any means be produced.
(2) The sound track accompanying a film shall be treated as part of the film
for the purposes of this Act.
(3) Without prejudice to the generality of subsection (2), where that
subsection applies —
(a) references in this Act to showing a film include playing the film
sound track to accompany the film,
(b) references in this Act to playing a sound recording, or to
communicating a sound recording to the public, do not include
playing or communicating the film sound track to accompany the
film,
(c) references in this Act to copying a work, so far as they apply to a
sound recording, do not include copying the film sound track to
accompany the film, and
(d) references in this Act to the issuing or rental of copies of a work,
so far as they apply to a sound recording, do not include the
issuing or rental of copies of the sound track to accompany the
film.
(4) Copyright does not subsist in a film which is, or to the extent that it is, a
copy taken from a previous film.
(5) Nothing in this section affects any copyright subsisting in a film sound
track as a sound recording.5
6 Broadcasts
[P1988/48/6]
(1) In this Act a “broadcast
” means an electronic transmission of visual
images, sounds or other information which —
(a) is transmitted for simultaneous reception by members of the
public and is capable of being lawfully received by them, or
(b) is transmitted at a time determined solely by the person making
the transmission for presentation to members of the public,
and which is not excepted by subsection (1A); and references to
broadcasting shall be construed accordingly.6
(1A) Excepted from the definition of “broadcast” is any internet transmission
unless it is —
Copyright Act 1991 Section 6
c AT 8 of 1991 Page 17
(a) a transmission taking place simultaneously on the internet and by
other means,
(b) a concurrent transmission of a live event, or
(c) a transmission of recorded moving images or sounds forming part
of a programme service offered by the person responsible for
making the transmission, being a service in which programmes
are transmitted at scheduled times determined by that person.7
(2) An encrypted transmission shall be regarded as capable of being
lawfully received by members of the public only if decoding equipment
has been made available to members of the public by or with the
authority of the person making the transmission or the person providing
the contents of the transmission.
(3) Subject to section 6A, references in this Act to the person making a
broadcast or a transmission which is a broadcast are —
(a) to the person transmitting the programme, if he has responsibility
to any extent for its contents, and
(b) to any person providing the programme who makes with the
person transmitting it the arrangements necessary for its
transmission;
and references in this Act to a programme in the context of broadcasting,
are to any item included in a broadcast.8
(4) Subject to section 6A, for the purposes of this Act the place from which a
wireless broadcast is made is the place where, under the control and
responsibility of the person making the broadcast, the programme-
carrying signals are introduced into an uninterrupted chain of
communication (including, in the case of a satellite transmission, the
chain leading to the satellite and down towards the earth).9
(5) References in this Act to the reception of a broadcast include reception of
a broadcast relayed by means of a telecommunication system.
(5A) The relaying of a broadcast by reception and immediate re-transmission
shall be regarded for the purposes of this Act as a separate act of
broadcasting from the making of the broadcast which is so re-
transmitted.10
(6) Copyright does not subsist in a broadcast which infringes, or to the
extent that it infringes, the copyright in another broadcast.11
6A Safeguards in relation to certain satellite broadcasts
(1) This section applies where the place from which a broadcast by way of
satellite transmission is made is located in a country other than a
Convention country and the law of that country fails to provide at least
the following level of protection —
Section 7 Copyright Act 1991
Page 18 AT 8 of 1991 c
(a) exclusive rights in relation to wireless broadcasting equivalent to
those conferred by section 20 on the authors of literary, dramatic,
musical and artistic works, films and broadcasts;12
(b) a right in relation to live wireless broadcasting equivalent to that
conferred on a performer by section 3(1)(b) (consent required for
live broadcast of performance) of the Performers’ Protection Act
1996; and13
(c) a right for authors of sound recordings and performers to share in
a single equitable remuneration in respect of the wireless
broadcasting of sound recordings.14
(2) Where the place from which the programme-carrying signals are
transmitted to the satellite (“the uplink station”) is located in a
Convention country —
(a) that place shall be treated as the place from which the broadcast is
made, and
(b) the person operating the uplink station shall be treated as the
person making the broadcast.
(3) Where the uplink station is not located in a Convention country but a
person established in a Convention country has commissioned the
making of the broadcast —
(a) that person shall be treated as the person making the broadcast,
and
(b) the place where he has his principal establishment in a
Convention country shall be treated as the place from which the
broadcast is made.
(4) In this section “Convention country” means —
(a) the Island;
(b) the United Kingdom; and
(c) any other country which is designated by an order made by the
Council of Ministers for the purposes of this section as a state
which is a party to the European Convention relating to questions
on copyright law and neighbouring rights in the framework of
transfrontier broadcasting by satellite which was opened for
signature on 11th May 1994.15
7 [Repealed]
16
8 Published editions
[P1988/48/8]
(1) In this Act “published edition
”, in the context of copyright in the
typographical arrangement of a published edition, means a published
Copyright Act 1991 Section 9
c AT 8 of 1991 Page 19
edition of the whole or any part of one or more literary, dramatic or
musical works.
(2) Copyright does not subsist in the typographical arrangement of a
published edition if, or to the extent that, it reproduces the typographical
arrangement of a previous edition.
Authorship and ownership of copyright
9 Authorship of work
[P1988/48/9]
(1) In this Act “author
”, in relation to a work, means the person who
creates it.
(2) That person shall be taken to be —
(a) in the case of a sound recording, the producer;17
(aa) in the case of a film, the producer and the principal director;18
(b) in the case of a broadcast, the person making the broadcast (see
section 6(3)) or, in the case of a broadcast which relays another
broadcast by reception and immediate re-transmission, the person
making that other broadcast;
(c) [Repealed]19
(d) in the case of the typographical arrangement of a published
edition, the publisher.
(3) In the case of a literary, dramatic, musical or artistic work which is
computer-generated, the author shall be taken to be the person by whom
the arrangements necessary for the creation of the work are undertaken.
(4) For the purposes of this Act a work is of “unknown authorship
” if the
identity of the author is unknown or, in the case of a work of joint
authorship, if the identity of none of the authors is known.
(5) For the purposes of this Act the identity of an author shall be regarded as
unknown if it is not possible for a person to ascertain his identity by
reasonable inquiry; but if his identity is once known it shall not
subsequently be regarded as unknown.
10 Works of joint authorship
[P1988/48/10]
(1) In this Act a “work of joint authorship
” means a work produced by the
collaboration of two or more authors in which the contribution of each
author is not distinct from that of the other author or authors.
(1A) A film shall be treated as a work of joint authorship unless the producer
and the principal director are the same person.20
Section 11 Copyright Act 1991
Page 20 AT 8 of 1991 c
(2) A broadcast shall be treated as a work of joint authorship in any case
where more than one person is to be taken as making the broadcast (see
section 6(3)).
(3) References in this Act to the author of a work shall, except as otherwise
provided, be construed in relation to a work of joint authorship as
references to all the authors of the work.
11 First ownership of copyright
[P1988/48/11]
(1) The author of a work is the first owner of any copyright in it, subject to
the following provisions.
(2) Where a literary, dramatic, musical or artistic work, or a film, is made by
an employee in the course of his employment, his employer is the first
owner of any copyright in the work subject to any agreement to the
contrary.21
(3) This section does not apply to Crown copyright or Tynwald copyright
(see sections 156 to 159) or to copyright which subsists by virtue of
section 161 (copyright of certain international organisations).
Duration of copyright
12 Duration of copyright in literary, dramatic, musical or artistic works
(1) The following provisions have effect with respect to the duration of
copyright in a literary, dramatic, musical or artistic work.
(2) Copyright expires at the end of the period of 70 years from the end of the
calendar year in which the author dies, subject as follows.
(3) If the work is of unknown authorship, copyright expires —
(a) at the end of the period of 70 years from the end of the calendar
year in which the work was made, or
(b) if during that period the work is made available to the public, at
the end of the period of 70 years from the end of the calendar year
in which it is first so made available,
subject as follows.
(4) Subsection (2) applies if the identity of the author becomes known before
the end of the period specified in paragraph (a) or (b) of subsection (3).
(5) For the purposes of subsection (3) making available to the public
includes —
(a) in the case of a literary, dramatic or musical work —
(i) performance in public, or
(ii) communication to the public;
Copyright Act 1991 Section 13
c AT 8 of 1991 Page 21
(b) in the case of an artistic work —
(i) exhibition in public,
(ii) a film including the work being shown in public, or
(iii) communication to the public;
but in determining generally for the purposes of that subsection whether
a work has been made available to the public no account shall be taken of
any unauthorised act.
(6) Where the country of origin of the work is not an EEA state and the
author of the work is not a national of an EEA state, the duration of
copyright is that to which the work is entitled in the country of origin,
provided that does not exceed the period which would apply under
subsections (2) to (5).
(7) If the work is computer-generated the above provisions do not apply and
copyright expires at the end of the period of 50 years from the end of the
calendar year in which the work was made.
(8) The provisions of this section are adapted as follows in relation to a work
of joint authorship —
(a) the reference in subsection (2) to the death of the author shall be
construed —
(i) if the identity of all the authors is known, as a reference to
the death of the last of them to die, and
(ii) if the identity of one or more of the authors is known and
the identity of one or more others is not, as a reference to
the death of the last whose identity is known;
(b) the reference in subsection (4) to the identity of the author
becoming known shall be construed as a reference to the identity
of any of the authors becoming known;
(c) the reference in subsection (6) to the author not being a national of
an EEA state shall be construed as a reference to none of the
authors being a national of an EEA state.
(9) This section does not apply to Crown copyright or Tynwald copyright
(see sections 156 to 159) or to copyright which subsists by virtue of
section 161 (copyright of certain international organisations).22
13 Duration of copyright in sound recordings
(1) The following provisions have effect with respect to the duration of
copyright in a sound recording.
(2) Subject to subsections (3) and (4), copyright expires —
(a) at the end of the period of 50 years from the end of the calendar
year in which the recording is made, or
Section 13 Copyright Act 1991
Page 22 AT 8 of 1991 c
(b) if during that period the recording is published, 50 years from the
end of the calendar year in which it is first published, or
(c) if during that period the recording is not published but is made
available to the public by being played in public or communicated
to the public, 50 years from the end of the calendar year in which
it is first so made available,
but in determining whether a sound recording has been published,
played in public or communicated to the public, no account shall be
taken of any unauthorised act.
(3) Where the author of a sound recording is not a national of an EEA state,
the duration of copyright is that to which the sound recording is entitled
in the country of which the author is a national, provided that does not
exceed the period which would apply under subsection (2).
(4) If or to the extent that the application of subsection (3) would be at
variance with an international obligation which extended to the Island
before 1 April 2013, the duration of copyright shall be as specified in
subsection (2).23
13A Duration of copyright in films
(1) The following provisions have effect with respect to the duration of
copyright in a film.
(2) Copyright expires at the end of the period of 70 years from the end of the
calendar year in which the death occurs of the last to die of the following
persons —
(a) the principal director,
(b) the author of the screenplay,
(c) the author of the dialogue, or
(d) the composer of music specially created for and used in the film;
subject as follows.
(3) If the identity of one or more of the persons referred to in subsection
(2)(a) to (d) is known and the identity of one or more others is not, the
reference in that subsection to the death of the last of them to die shall be
construed as a reference to the death of the last whose identity is known.
(4) If the identity of the persons referred to in subsection (2)(a) to (d) is
unknown, copyright expires at—
(a) the end of the period of 70 years from the end of the calendar year
in which the film was made, or
(b) if during that period the film is made available to the public, at
the end of the period of 70 years from the end of the calendar year
in which it is first so made available.
Copyright Act 1991 Section 14
c AT 8 of 1991 Page 23
(5) Subsections (2) and (3) apply if the identity of any of those persons
becomes known before the end of the period specified in paragraph (a)
or (b) of subsection (4).
(6) For the purposes of subsection (4) making available to the public
includes —
(a) showing in public, or
(b) communicating to the public;
but in determining generally for the purposes of that subsection whether
a film has been made available to the public no account shall be taken of
any unauthorised act.
(7) Where the country of origin is not an EEA state and the author of the film
is not a national of an EEA state, the duration of copyright is that to
which the work is entitled in the country of origin, provided that does
not exceed the period which would apply under subsections (2) to (6).
(8) In relation to a film of which there are joint authors, the reference in
subsection (7) to the author not being a national of an EEA state shall be
construed as a reference to none of the authors being a national of an
EEA state.
(9) If in any case there is no person falling within subsection (2)(a) to (d), the
above provisions do not apply and copyright expires at the end of the
period of 50 years from the end of the calendar year in which the film
was made.
(10) For the purposes of this section the identity of any of the persons referred
to in subsection (2)(a) to (d) shall be regarded as unknown if it is not
possible for a person to ascertain his identity by reasonable inquiry; but
if the identity of any such person is once known it shall not subsequently
be regarded as unknown.24
14 Duration of copyright in broadcasts
(1) The following provisions have effect with respect to the duration of
copyright in a broadcast.
(2) Copyright in a broadcast expires at the end of the period of 50 years from
the end of the calendar year in which the broadcast was made, subject as
follows.
(3) Where the author of the broadcast is not a national of an EEA state, the
duration of copyright in the broadcast is that to which it is entitled in the
country of which the author is a national, provided that does not exceed
the period which would apply under subsection (2).
(4) If or to the extent that the application of subsection (3) would be at
variance with an international obligation which extended to the Island
Section 15 Copyright Act 1991
Page 24 AT 8 of 1991 c
before 1st April 2013, the duration of copyright shall be as specified in
subsection (2).
(5) Copyright in a repeat broadcast expires at the same time as the copyright
in the original broadcast; and accordingly no copyright arises in respect
of a repeat broadcast which is broadcast after the expiry of the copyright
in the original broadcast.
(6) A repeat broadcast means one which is a repeat of a broadcast
previously made.25
15 Duration of copyright in typographical arrangement of published
editions
[P1988/48/15]
Copyright in the typographical arrangement of a published edition expires at
the end of the period of 25 years from the end of the calendar year in which the
edition was first published.
15A Meaning of country of origin
(1) For the purposes of the provisions of this Act relating to the duration of
copyright the country of origin of a work shall be determined as follows.
(2) If the work is first published in a Berne Convention country and is not
simultaneously published elsewhere, the country of origin is that
country.
(3) If the work is first published simultaneously in two or more countries
only one of which is a Berne Convention country, the country of origin is
that country.
(4) If the work is first published simultaneously in two or more countries of
which two or more are Berne Convention countries, then —
(a) if any of those countries is an EEA state, the country of origin is
that country; and
(b) if none of those countries is an EEA state, the country of origin is
the Berne Convention country which grants the shorter or shortest
period of copyright protection.
(5) If the work is unpublished or is first published in a country which is not
a Berne Convention country (and is not simultaneously published in a
Berne Convention country), the country of origin is —
(a) if the work is a film and the maker of the film has his
headquarters in, or is domiciled or resident in a Berne Convention
country, that country;
(b) if the work is—
(i) a work of architecture constructed in a Berne Convention
country, or
Copyright Act 1991 Section 16
c AT 8 of 1991 Page 25
(ii) an artistic work incorporated in a building or other
structure situated in a Berne Convention country,
that country;
(c) in any other case, the country of which the author of the work is a
national.
(6) In this section —
(a) a “Berne Convention country” means a country which is a party
to any Act of the International Convention for the Protection of
Literary and Artistic Works signed at Berne on 9th September
1886; and
(b) references to simultaneous publication are to publication within
30 days of first publication.26
PART II – RIGHTS OF COPYRIGHT OWNER
The acts restricted by copyright
16 The acts restricted by copyright in a work
[P1988/48/16]
(1) The owner of the copyright in a work has, in accordance with the
following provisions of this Part, exclusive right to do the following acts
in the Island —
(a) to copy the work (see section 17);
(b) to issue copies of the work to the public (see section 18);
(ba) to rent the work to the public (see section 18A);27
(c) to perform, show or play the work in public (see section 19);
(d) to communicate the work to the public (see section 20);28
(e) to make an adaptation of the work or do any of the above in
relation to an adaptation (see section 21);
and those acts are referred to in this Act as the “acts restricted by the
copyright
”.
(2) Copyright in a work is infringed by a person who without the licence of
the copyright owner does, or authorises another to do, any of the acts
restricted by the copyright.
(3) References in this Act to the doing of an act restricted by the copyright in
a work are to the doing of it —
(a) in relation to the work as a whole or any substantial part of it, and
(b) either directly or indirectly;
Section 17 Copyright Act 1991
Page 26 AT 8 of 1991 c
and it is immaterial whether any intervening acts themselves infringe
copyright.
(4) This Part has effect subject to —
(a) the provisions of Part III (acts permitted in relation to copyright
works), and
(b) the provisions of Part VII (provisions with respect to copyright
licensing).
Primary infringement of copyright
17 Infringement of copyright by copying
[P1988/48/17]
(1) The copying of the work is an act restricted by the copyright in every
description of copyright work; and references in this Act to copying and
copies shall be construed as follows.
(2) Copying in relation to a literary, dramatic, musical or artistic work
means reproducing the work in any material form. This includes storing
the work in any medium by electronic means.
(3) In relation to an artistic work copying includes the making of a copy in 3
dimensions of a 2-dimensional work and the making of a copy in 2
dimensions of a 3-dimensional work.
(4) Copying in relation to a film or broadcast includes making a photograph
of the whole or any substantial part of any image forming part of the film
or broadcast.29
(5) Copying in relation to the typographical arrangement of a published
edition means making a facsimile copy of the arrangement.
(6) Copying in relation to any description of work includes the making of
copies which are transient or are incidental to some other use of the
work.
18 Infringement by issue of copies to the public
[P1988/48/18]
(1) The issue to the public of copies of the work is an act restricted by the
copyright in every description of copyright work.
(2) References in this Act to the issue to the public of copies of a work are to
—
(a) the act of putting into circulation in the EEA copies not previously
put into circulation in the EEA by or with the consent of the
copyright owner, or
(b) the act of putting into circulation outside the EEA copies not
previously put into circulation in the EEA or elsewhere.30
Copyright Act 1991 Section 19
c AT 8 of 1991 Page 27
(3) References in this Act to the issue to the public of copies of a work do not
include —
(a) any subsequent distribution, sale or hiring of copies previously
put into circulation (but see section 18A: infringement by rental),
or
(b) any subsequent importation of such copies into the Island or an
EEA state,
except so far as subsection (2)(a) applies to putting into circulation in the
EEA copies previously put into circulation outside the EEA.31
(4) References in this Act to the issue of copies of a work include the issue of
the original.32
18A Infringement by rental of work to the public
(1) The rental of copies of the work to the public is an act restricted by the
copyright in —
(a) a literary, dramatic or musical work,
(b) an artistic work, other than—
(i) a work of architecture in the form of a building or a model
for a building, or
(ii) a work of applied art, or
(c) a film or a sound recording.
(2) In this Act —
(a) “rental
” means making a copy of the work available for use, on
terms that it will or may be returned, for direct or indirect
economic or commercial advantage, but does not include making
available for the purpose of public performance, playing or
showing in public or communication to the public;
(b) references to the rental of copies of a work include the rental of
the original.33
19 Infringement by performance, showing or playing of work in public
[P1988/48/19]
(1) The performance of the work in public is an act restricted by the
copyright in a literary, dramatic or musical work.
(2) In this Act “performance
”, in relation to a work —
(a) includes delivery in the case of lectures, addresses, speeches and
sermons, and
(b) in general, includes any mode of visual or acoustic presentation,
including presentation by means of a sound recording, film or
broadcast of the work.34
Section 20 Copyright Act 1991
Page 28 AT 8 of 1991 c
(3) The playing or showing of the work in public is an act restricted by the
copyright in a sound recording, film or broadcast.35
(4) Where copyright in a work is infringed by its being performed, played or
shown in public by means of apparatus for receiving visual images or
sounds conveyed by electronic means, the person by whom the visual
images or sounds are sent, and in the case of a performance the
performers, shall not be regarded as responsible for the infringement.
20 Infringement by communication to the public
(1) The communication to the public of the work is an act restricted by the
copyright in —
(a) a literary, dramatic, musical or artistic work,
(b) a sound recording or film, or
(c) a broadcast.
(2) References in this Act to communication to the public are to
communication to the public by electronic transmission, and in relation
to a work include —
(a) the broadcasting of the work;
(b) the making available to the public of the work by electronic
transmission in such a way that members of the public may access
it from a place and at a time individually chosen by them.36
21 Infringement by making adaptation or act done in relation to
adaptation
[P1988/48/21]
(1) The making of an adaptation of the work is an act restricted by the
copyright in a literary, dramatic or musical work.
For this purpose an adaptation is made when it is recorded, in writing or
otherwise.
(2) The doing of any of the acts specified in sections 17 to 20, or
subsection (1), in relation to an adaptation of the work is also an act
restricted by the copyright in a literary, dramatic or musical work.
For this purpose it is immaterial whether the adaptation has been recorded, in
writing or otherwise, at the time the act is done.
(3) In this Act “adaptation
” —
(a) in relation to a literary work (other than a computer program or a
database) or dramatic work, means —
(i) a translation of the work;
(ii) a version of a dramatic work in which it is converted into a
non-dramatic work or, as the case may be, of a non-
Copyright Act 1991 Section 22
c AT 8 of 1991 Page 29
dramatic work in which it is converted into a dramatic
work;
(iii) a version of the work in which the story or action is
conveyed wholly or mainly by means of pictures in a form
suitable for reproduction in a book, or in a newspaper,
magazine or similar periodical;37
(aa) in relation to a computer program, means an arrangement or
altered version of the program or a translation of it;38
(ab) in relation to a database, means an arrangement or altered version
of the database or a translation of it;39
(b) in relation to a musical work, means an arrangement or
transcription of the work.
(4) In relation to a computer program a “translation” includes a version of
the program in which it is converted into or out of a computer language
or code or into a different computer language or code.40
(5) No inference shall be drawn from this section as to what does or does not
amount to copying a work.
Secondary infringement of copyright
22 Secondary infringement: importing infringing copy
[P1988/48/22]
The copyright in a work is infringed by a person who, without the licence of the
copyright owner, imports into the Island, otherwise than for his private and
domestic use, an article which is, and which he knows or has reason to believe
is, an infringing copy of the work.
23 Secondary infringement: possessing or dealing with infringing copy
[P1988/48/23]
The copyright in a work is infringed by a person who, without the licence of the
copyright owner —
(a) possesses in the course of a business,
(b) sells or lets for hire, or offers or exposes for sale or hire,
(c) in the course of a business exhibits in public or distributes, or
(d) distributes otherwise than in the course of a business to such an
extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an
infringing copy of the work.
Section 24 Copyright Act 1991
Page 30 AT 8 of 1991 c
24 Secondary infringement: making, importing, possessing or dealing
with article for making infringing copies
[P1988/48/24]
(1) Copyright in a work is infringed by a person who, without the licence of
the copyright owner —
(a) makes,
(b) imports into the Island,
(c) possesses in the course of a business, or
(d) sells or lets for hire, or offers or exposes for sale or hire,
an article specifically designed or adapted for making copies of that
work, knowing or having reason to believe that it is to be used to make
infringing copies.
(2) Copyright in a work is infringed by a person who without the licence of
the copyright owner transmits the work by means of a
telecommunications system (otherwise than by communication to the
public), knowing or having reason to believe that infringing copies of the
work will be made by means of the reception of the transmission in the
Island or elsewhere.41
25 Secondary infringement: permitting use of premises for infringing
performance
[P1988/48/25]
(1) Where the copyright in a literary, dramatic or musical work is infringed
by a performance at a place of public entertainment, any person who
gave permission for that place to be used for the performance is also
liable for the infringement unless when he gave permission he believed
on reasonable grounds that the performance would not infringe
copyright.
(2) In this section “place of public entertainment” includes premises which
are occupied mainly for other purposes but are from time to time made
available for hire for the purposes of public entertainment.
26 Secondary infringement: provision of apparatus for infringing
performance, etc
[P1988/48/26]
(1) Where copyright in a work is infringed by a public performance of the
work, or by the playing or showing of the work in public, by means of
apparatus for —
(a) playing sound recordings,
(b) showing films, or
(c) receiving visual images or sounds conveyed by electronic means,
Copyright Act 1991 Section 27
c AT 8 of 1991 Page 31
the following persons are also liable for the infringement.
(2) A person who supplied the apparatus, or any substantial part of it, is
liable for the infringement if when he supplied the apparatus or part —
(a) he knew or had reason to believe that the apparatus was likely to
be so used as to infringe copyright, or
(b) in the case of apparatus whose normal use involves a public
performance, playing or showing, he did not believe on
reasonable grounds that it would not be so used as to infringe
copyright.
(3) An occupier of premises who gave permission for the apparatus to be
brought onto the premises is liable for the infringement if when he gave
permission he knew or had reason to believe that the apparatus was
likely to be so used as to infringe copyright.
(4) A person who supplied a copy of a sound recording or film used to
infringe copyright is liable for the infringement if when he supplied it he
knew or had reason to believe that what he supplied, or a copy made
directly or indirectly from it, was likely to be so used as to infringe
copyright.
Infringing copies
27 Meaning of “infringing copy”
[P1988/48/27]
(1) In this Act “infringing copy
”, in relation to a copyright work, shall be
construed in accordance with this section.
(2) An article is an infringing copy if its making constituted an infringement
of the copyright in the work in question.
(3) Subject to subsection (3A), an article is also an infringing copy if —
(a) it has been or is proposed to be imported into the Island, and
(b) its making in the Island would have constituted an infringement
of the copyright in the work in question, or a breach of an
exclusive licence agreement relating to that work.42
(3A) A copy of a computer program which has previously been sold in the
Island or in any member State, by or with the consent of the copyright
owner, is not an infringing copy for the purposes of subsection (3).43
(4) Where in any proceedings the question arises whether an article is an
infringing copy and it is shown —
(a) that the article is a copy of the work, and
(b) that copyright subsists in the work or has subsisted at any time,
Section 28 Copyright Act 1991
Page 32 AT 8 of 1991 c
it shall be presumed until the contrary is proved that the article was
made at a time when copyright subsisted in the work.
(5) Nothing in subsection (3) shall be construed as applying to an article
which may lawfully be imported into the Island by virtue of any
enforceable EU right within the meaning of section 2(1) of the European
Communities (Isle of Man) Act 1973.44
(6) In this Act “infringing copy
” includes a copy falling to be treated as an
infringing copy by virtue of any of the following provisions —
section 31A(6) and (9) (making a single accessible copy for
personal use),
section 31B(9) and (10) (multiple copies for visually impaired
persons),
section 31C(2) (intermediate copies held by approved bodies),
section 32(5) (copies made for purposes of instruction or
examination),
section 35(3) (recordings made by educational establishments for
educational purposes),
section 36(5) (reprographic copying by educational establishments
for purposes of instruction),
section 37(3)(b) (copies made by librarian or archivist in reliance
on false declaration),
section 56(2) (further copies, adaptations, &c. of work in electronic
form retained on transfer of principal copy),
section 63(2) (copies made for purpose of advertising artistic work
for sale),
section 68(4) (copies made for purpose of broadcast),
section 70(2) (recording for purposes of time-shifting),
section 71(2) (photographs of broadcasts), or
any provision of an order under section 139 (statutory licence for
certain reprographic copying by educational establishments).45
PART III – ACTS PERMITTED IN RELATION TO COPYRIGHT
WORKS
Introductory
28 Introductory provisions
[P1988/48/28]
(1) The provisions of this Part specify acts which may be done in relation to
copyright works notwithstanding the subsistence of copyright; they
Copyright Act 1991 Section 29
c AT 8 of 1991 Page 33
relate only to the question of infringement of copyright and do not affect
any other right or obligation restricting the doing of any of the specified
acts.
(2) Where it is provided by this Part that an act does not infringe copyright,
or may be done without infringing copyright, and no particular
description of copyright work is mentioned, the act in question does not
infringe the copyright in a work of any description.
(3) No inference shall be drawn from the description of any act which may
by virtue of this Part be done without infringing copyright as to the
scope of the acts restricted by the copyright in any description of work.
(4) The provisions of this Part are to be construed independently of each
other, so that the fact that an act does not fall within one provision does
not mean that it is not covered by another provision.
General
28A Making of temporary copies
(1) This section applies to copyright in —
(a) a literary work, other than a computer program or a database,
(b) a dramatic, musical or artistic work,
(c) the typographical arrangement of a published edition,
(d) a sound recording, or
(e) a film.
(2) Copyright to which this section applies is not infringed by the making of
a temporary copy which is transient or incidental, which is an integral
and essential part of a technological process and the sole purpose of
which is to enable —
(a) a transmission of the work in a network between third parties by
an intermediary; or
(b) a lawful use of the work;
and which has no independent economic significance.46
29 Research and private study
[P1988/48/29]
(1) Fair dealing with a literary, dramatic, musical or artistic work for the
purposes of research for a non-commercial purpose does not infringe any
copyright in the work provided that it is accompanied by a sufficient
acknowledgement.47
Section 30 Copyright Act 1991
Page 34 AT 8 of 1991 c
(1A) No acknowledgement is required in connection with fair dealing for the
purposes mentioned in subsection (1) where this would be impossible for
reasons of practicality or otherwise.48
(1B) Fair dealing with a literary, dramatic, musical or artistic work for the
purposes of private study does not infringe any copyright in the work.49
(2) Fair dealing with the typographical arrangement of a published edition
for the purposes of research or private study does not infringe any
copyright in the arrangement.50
(3) Copying by a person other than the researcher or student himself is not
fair dealing if —
(a) in the case of a librarian, or a person acting on behalf of a
librarian, he does anything which regulations under section 40
would not permit to be done under section 38 or 39 (articles or
parts of published works: restriction on multiple copies of same
material), or
(b) in any other case, the person doing the copying knows or has
reason to believe that it will result in copies of substantially the
same material being provided to more than one person at
substantially the same time and for substantially the same
purpose.
(4) It is not fair dealing —
(a) to convert a computer program expressed in a low level language
into a version expressed in a higher level language, or
(b) incidentally in the course of so converting the program, to copy it,
(those acts being permitted if done in accordance with section 50B
(decompilation)).51
(4A) It is not fair dealing to observe, study or test the functioning of a
computer program in order to determine the ideas and principles which
underlie any element of the program (these acts being permitted if done
in accordance with section 50BA).52
(5) [Repealed]53
30 Criticism, review and news reporting
[P1988/48/30]
(1) Fair dealing with a work for the purpose of criticism or review, of that or
another work or of a performance of a work, does not infringe any
copyright in the work provided that it is accompanied by a sufficient
acknowledgement and provided that the work has been made available
to the public.54
(1A) For the purposes of subsection (1) a work has been made available to the
public if it has been made available by any means, including —
Copyright Act 1991 Section 31
c AT 8 of 1991 Page 35
(a) the issue of copies to the public;
(b) making the work available by means of an electronic retrieval
system;
(c) the rental or lending of copies of the work to the public;
(d) the performance, exhibition, playing or showing of the work in
public;
(e) the communication to the public of the work,
but in determining generally for the purposes of that subsection whether
a work has been made available to the public no account shall be taken of
any unauthorised act.55
(2) Fair dealing with a work (other than a photograph) for the purpose of
reporting current events does not infringe any copyright in the work
provided that (subject to subsection (3)) it is accompanied by a sufficient
acknowledgement.
(3) No acknowledgement is required in connection with the reporting of
current events by means of a sound recording, film or broadcast where
this would be impossible for reasons of practicality or otherwise.56
(4) [Repealed]57
31 Incidental inclusion of copyright material
[P1988/48/31]
(1) Copyright in a work is not infringed by its incidental inclusion in an
artistic work, sound recording, film or broadcast.58
(2) Nor is the copyright infringed by the issue to the public of copies, or the
playing, showing or communication to the public, of anything whose
making was, by virtue of subsection (1), not an infringement of the
copyright.59
(3) A musical work, words spoken or sung with music, or so much of a
sound recording or broadcast as includes a musical work or such words,
shall not be regarded as incidentally included in another work if it is
deliberately included.60
Visual impairment
31A Making single accessible copy for personal use
(1) If a visually impaired person has lawful possession or lawful use of a
copy (“the master copy”) of the whole or part of —
(a) a literary, dramatic, musical or artistic work; or
(b) a published edition,
Section 31 Copyright Act 1991
Page 36 AT 8 of 1991 c
which is not accessible to him because of the impairment, it is not an
infringement of copyright in the work, or in the typographical
arrangement of the published edition, for an accessible copy of the
master copy to be made for his personal use.
(2) Subsection (1) does not apply —
(a) if the master copy is of a musical work, or part of a musical work,
and the making of an accessible copy would involve recording a
performance of the work or part of it; or
(b) if the master copy is of a database, or part of a database, and the
making of an accessible copy would infringe copyright in the
database.
(3) Subsection (1) does not apply in relation to the making of an accessible
copy for a particular visually impaired person if, or to the extent that,
copies of the copyright work are commercially available, by or with the
authority of the copyright owner, in a form that is accessible to that
person.
(4) An accessible copy made under this section must be accompanied by —
(a) a statement that it is made under this section; and
(b) a sufficient acknowledgement.
(5) If a person makes an accessible copy on behalf of a visually impaired
person under this section and charges for it, the sum charged must not
exceed the cost of making and supplying the copy.
(6) If a person holds an accessible copy made under subsection (1) when he
is not entitled to have it made under that subsection, the copy is to be
treated as an infringing copy, unless he is a person falling within
subsection (7)(b).
(7) A person who holds an accessible copy made under subsection (1) may
transfer it to —
(a) a visually impaired person entitled to have the accessible copy
made under subsection (1); or
(b) a person who has lawful possession of the master copy and
intends to transfer the accessible copy to a person falling within
paragraph (a).
(8) The transfer by a person of an accessible copy made under subsection (1)
to another person is an infringement of copyright by the transferor
unless the transferor has reasonable grounds for believing that the
transferee is a person falling within subsection (7)(a) or (b) .
(9) If an accessible copy which would be an infringing copy but for this
section is subsequently dealt with —
(a) it is to be treated as an infringing copy for the purposes of that
dealing; and
Copyright Act 1991 Section 31
c AT 8 of 1991 Page 37
(b) if that dealing infringes copyright, is to be treated as an infringing
copy for all subsequent purposes.
(10) In subsection (9), “dealt with” means sold or let for hire or offered or
exposed for sale or hire or communicated to the public.61
31B Multiple copies for visually impaired persons
(1) If an approved body has lawful possession of a copy (“the master copy”)
of the whole or part of —
(a) a commercially published literary, dramatic, musical or artistic
work; or
(b) a commercially published edition, it is not an infringement of
copyright in the work, or in the typographical arrangement of the
published edition, for the body to make, or supply, accessible
copies for the personal use of visually impaired persons to whom
the master copy is not accessible because of their impairment.
(2) Subsection (1) does not apply —
(a) if the master copy is of a musical work, or part of a musical work,
and the making of an accessible copy would involve recording a
performance of the work or part of it; or
(b) if the master copy is of a database, or part of a database, and the
making of an accessible copy would infringe copyright in the
database.
(3) Subsection (1) does not apply in relation to the making of an accessible
copy if, or to the extent that, copies of the copyright work are
commercially available, by or with the authority of the copyright owner,
in a form that is accessible to the same or substantially the same degree.
(4) Subsection (1) does not apply in relation to the supply of an accessible
copy to a particular visually impaired person if, or to the extent that,
copies of the copyright work are commercially available, by or with the
authority of the copyright owner, in a form that is accessible to that
person.
(5) An accessible copy made under this section must be accompanied by —
(a) a statement that it is made under this section; and
(b) a sufficient acknowledgement.
(6) If an approved body charges for supplying a copy made under this
section, the sum charged must not exceed the cost of making and
supplying the copy.
(7) An approved body making copies under this section must, if it is an
educational establishment, ensure that the copies will be used only for its
educational purposes.
Section 31 Copyright Act 1991
Page 38 AT 8 of 1991 c
(8) If the master copy is in copy-protected electronic form, any accessible
copy made of it under this section must, so far as it is reasonably
practicable to do so, incorporate the same, or equally effective, copy
protection (unless the copyright owner agrees otherwise).
(9) If an approved body continues to hold an accessible copy made under
subsection (1) when it would no longer be entitled to make or supply
such a copy under that subsection, the copy is to be treated as an
infringing copy.
(10) If an accessible copy which would be an infringing copy but for this
section is subsequently dealt with —
(a) it is to be treated as an infringing copy for the purposes of that
dealing; and
(b) if that dealing infringes copyright, is to be treated as an infringing
copy for all subsequent purposes.
(11) In subsection (10), “dealt with” means sold or let for hire or offered or
exposed for sale or hire or communicated to the public.62
31C Intermediate copies and records
(1) An approved body entitled to make accessible copies under section 31B
may hold an intermediate copy of the master copy which is necessarily
created during the production of the accessible copies, but only —
(a) if and so long as the approved body continues to be entitled to
make accessible copies of that master copy; and
(b) for the purposes of the production of further accessible copies.
(2) An intermediate copy which is held in breach of subsection (1) is to be
treated as an infringing copy.
(3) An approved body may transfer the intermediate copy to another
approved body which is entitled to make accessible copies of the work or
published edition under section 31B.
(4) The loan or transfer by an approved body of an intermediate copy to
another person is an infringement of copyright by that body unless that
body has reasonable grounds for believing that that person —
(a) is another approved body which is entitled to make accessible
copies of the work or published edition under section 31B; and
(b) will use the intermediate copy only for the purposes of the
production of further accessible copies.
(5) If an approved body charges for transferring the intermediate copy, the
sum charged must not exceed the cost of the transfer.
(6) An approved body must —
Copyright Act 1991 Section 31
c AT 8 of 1991 Page 39
(a) keep records of accessible copies made under section 31B and of
the persons to whom they are supplied;
(b) keep records of any intermediate copy lent or transferred under
this section and of the persons to whom it is lent or transferred;
and
(c) allow the copyright owner or a person acting for him, on giving
reasonable notice, to inspect the records at any reasonable time.
(7) Within a reasonable time of making an accessible copy under section
31B, or transferring an intermediate copy under this section, the
approved body must —
(a) notify each relevant representative body; or
(b) if there is no such body, notify the copyright owner.
(8) A relevant representative body is a body which —
(a) represents particular copyright owners, or owners of copyright in
the type of copyright work concerned; and
(b) has given notice to the Department of the copyright owners, or
the classes of copyright owner, represented by it.
(9) The requirement to notify the copyright owner under subsection (7)(b)
does not apply if it is not reasonably possible for the approved body to
ascertain the name and address of the copyright owner.63
31D Licensing schemes
(1) Section 31B does not apply to the making of an accessible copy in a
particular form if —
(a) a licensing scheme operated by a licensing body is in force under
which licences may be granted by the licensing body permitting
the making and supply of copies of the copyright work in that
form;
(b) the scheme is not unreasonably restrictive; and
(c) the scheme and any modification made to it have been notified to
the Department by the licensing body.
(2) A scheme is unreasonably restrictive if it includes a term or condition
which —
(a) purports to prevent or limit the steps that may be taken under
section 31B or 31C; or
(b) has that effect.
(3) But subsection (2) does not apply if —
(a) the copyright work is no longer published by or with the
authority of the copyright owner; and
Section 31 Copyright Act 1991
Page 40 AT 8 of 1991 c
(b) there are reasonable grounds for preventing or restricting the
making of accessible copies of the work.
(4) If section 31B or 31C is displaced by a licensing scheme, sections 117 to
120 apply in relation to the scheme as if it were one to which those
sections applied as a result of section 115.64
31E Limitations, etc. following infringement of copyright
(1) The Department may make an order under this section if it appears to it
that the making of copies —
(a) under section 31B; or
(b) under a licence granted under a licensing scheme that has been
notified under section 31D,
has led to infringement of copyright on a scale which, in the
Department’s opinion, would not have occurred if section 31B had not
been in force, or the licence had not been granted.
(2) The order may prohibit one or more named approved bodies, or one or
more specified categories of approved body, from —
(a) acting under section 31B; or
(b) acting under a licence of a description specified in the order.
(3) The order may disapply —
(a) the provisions of section 31B; or
(b) the provisions of a licence, or a licensing scheme, of a description
specified in the order,
in respect of the making of copies of a description so specified.
(4) If the Department proposes to make an order it must, before making it,
consult —
(a) such bodies representing copyright owners, and
(b) such bodies representing visually impaired persons,
as it thinks fit.
(5) If the Department proposes to make an order which includes a
prohibition it must, before making it, consult —
(a) if the proposed order is to apply to one or more named approved
bodies, that body or those bodies;
(b) if it is to apply to one or more specified categories of approved
body, such bodies representing approved bodies of that category
or those categories as it thinks fit.
(6) An approved body which is prohibited by an order from acting under a
licence may not apply to the Tribunal under section 119(1) in respect of a
refusal or failure by a licensing body to grant such a licence.65
Copyright Act 1991 Section 31
c AT 8 of 1991 Page 41
31F Sections 31A to 31E: supplemental
(1) For the purposes of sections 31A to 31E and this section —
(a) a copy of a copyright work (other than an accessible copy made
under section 31A or 31B) is to be taken to be accessible to a
visually impaired person only if it is as accessible to him as it
would be if he were not visually impaired;
(b) “accessible copy”, in relation to a copyright work, means a
version which provides for a visually impaired person improved
access to the work;
(c) an accessible copy may include facilities for navigating around the
version of the copyright work but may not include —
(i) changes that are not necessary to overcome problems
caused by visual impairment; or
(ii) changes which infringe the right (provided by section 80)
not to have the work subjected to derogatory treatment.
(2) In sections 31A to 31E and this section —
“approved body
” means an educational establishment or a body that is not
conducted for profit;
“visually impaired person
” means a person—
(a) who is blind;
(b) who has an impairment of visual function which cannot be
improved, by the use of corrective lenses, to a level that would
normally be acceptable for reading without a special level or kind
of light;
(c) who is unable, through physical disability, to hold or manipulate
a book; or
(d) who is unable, through physical disability, to focus or move his
eyes to the extent that would normally be acceptable for reading.
(3) The Department may by regulations prescribe —
(a) the form in which; or
(b) the procedure in accordance with which,
any notice required under section 31C(7) or (8), or 31D(1), must be
given.66
Section 32 Copyright Act 1991
Page 42 AT 8 of 1991 c
Education
32 Things done for purposes of instruction or examination
[P1988/48/32]
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed
by its being copied in the course of instruction or of preparation for
instruction, provided the copying —
(a) is done by a person giving or receiving instruction,
(b) is not done by means of a reprographic process, and
(c) is accompanied by a sufficient acknowledgement,
and provided that the instruction is for a non-commercial purpose.67
(2) Copyright in a sound recording, film or broadcast is not infringed by its
being copied by making a film or film sound-track in the course of
instruction, or of preparation for instruction, in the making of films or
film sound-tracks, provided the copying —
(a) is done by a person giving or receiving instruction, and
(b) is accompanied by a sufficient acknowledgement,
and provided that the instruction is for a non-commercial purpose.68
(2A) Copyright in a literary, dramatic, musical or artistic work which has been
made available to the public is not infringed by its being copied in the
course of instruction or of preparation for instruction, provided the
copying —
(a) is fair dealing with the work,
(b) is done by a person giving or receiving instruction,
(c) is not done by means of a reprographic process, and
(d) is accompanied by a sufficient acknowledgement.69
(2B) The provisions of section 30(1A) (works made available to the public)
apply for the purposes of subsection (2A) as they apply for the purposes
of section 30(1).70
(3) Copyright is not infringed by anything done for the purposes of an
examination by way of setting the questions, communicating the
questions to the candidates or answering the questions, provided that the
questions are accompanied by a sufficient acknowledgement.71
(3A) No acknowledgement is required in connection with copying as
mentioned in subsection (1), (2) or (2A), or in connection with anything
done for the purposes mentioned in subsection (3), where this would be
impossible for reasons of practicality or otherwise.72
Copyright Act 1991 Section 33
c AT 8 of 1991 Page 43
(4) Subsection (3) does not extend to the making of a reprographic copy of a
musical work for use by an examination candidate in performing the
work.
(5) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with, it shall be
treated as an infringing copy for the purposes of that dealing, and if that
dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means —
(a) sold or let for hire, offered or exposed for sale or hire; or
(b) communicated to the public, unless that communication, by virtue
of subsection (3), is not an infringement of copyright.73
33 Anthologies for educational use
[P1988/48/33]
(1) The inclusion of a short passage from a published literary or dramatic
work in a collection which —
(a) is intended for use in educational establishments and is so
described in its title, and in any advertisements issued by or on
behalf of the publisher, and
(b) consists mainly of material in which no copyright subsists,
does not infringe the copyright in the work if the work itself is not
intended for use in such establishments and the inclusion is accompanied
by a sufficient acknowledgement.
(2) Subsection (1) does not authorise the inclusion of more than 2 excerpts
from copyright works by the same author in collections published by the
same publisher over any period of 5 years.
(3) In relation to any given passage the reference in subsection (2) to
excerpts from works by the same author —
(a) shall be taken to include excerpts from works by him in
collaboration with another, and
(b) if the passage in question is from such a work, shall be taken to
include excerpts from works by any of the authors, whether alone
or in collaboration with another.
(4) References in this section to the use of a work in an educational
establishment are to any use for the educational purposes of such an
establishment.
Section 34 Copyright Act 1991
Page 44 AT 8 of 1991 c
34 Performing, playing or showing work in course of activities of
educational establishment
[P1988/48/34]
(1) The performance of a literary, dramatic or musical work before an
audience consisting of teachers and pupils at an educational
establishment and other persons directly connected with the activities of
the establishment —
(a) by a teacher or pupil in the course of the activities of the
establishment, or
(b) at the establishment by any person for the purposes of instruction,
is not a public performance for the purposes of infringement of
copyright.
(2) The playing or showing of a sound recording, film or broadcast before
such an audience at an educational establishment for the purposes of
instruction is not a playing or showing of the work in public for the
purposes of infringement of copyright.74
(3) A person is not for this purpose directly connected with the activities of
the educational establishment simply because he is the parent of a pupil
at the establishment.
35 Recording by educational establishments of broadcasts
75
[P1988/48/35]
(1) A recording of a broadcast, or a copy of such a recording, may be made
by or on behalf of an educational establishment for the educational
purposes of that establishment without thereby infringing the copyright
in the broadcast, or in any work included in it, provided that it is
accompanied by a sufficient acknowledgement of the broadcast and that
the educational purposes are non-commercial.76
(1A) Copyright is not infringed where a recording of a broadcast or a copy of
such a recording, whose making was by virtue of subsection (1) not an
infringement of copyright, is communicated to the public by a person
situated within the premises of an educational establishment provided
that the communication cannot be received by any person situated
outside the premises of that establishment.77
(2) This section does not apply if or to the extent that there is a licensing
scheme certified for the purposes of this section under section 141
providing for the grant of licences.
(3) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with, it shall be
treated as an infringing copy for the purposes of that dealing, and if that
dealing infringes copyright for all subsequent purposes.
Copyright Act 1991 Section 36
c AT 8 of 1991 Page 45
For this purpose “dealt with” means sold or let for hire, offered or
exposed for sale or hire, or communicated from within the premises of
an educational establishment to any person situated outside those
premises.78
36 Reprographic copying by educational establishments of passages from
published works
[P1988/48/36]
(1) Reprographic copies of passages from published literary, dramatic or
musical works may, to the extent permitted by this section, be made by
or on behalf of an educational establishment for the purposes of
instruction without infringing any copyright in the work, provided that
they are accompanied by a sufficient acknowledgement and the
instruction is for a non-commercial purpose79
.
(1A) No acknowledgement is required in connection with the making of
copies as mentioned in subsection (1) where this would be impossible for
reasons of practicality or otherwise.80
(1B) Reprographic copies of passages from published editions may, to the
extent permitted by this section, be made by or on behalf of an
educational establishment for the purposes of instruction without
infringing any copyright in the typographical arrangement of the
edition.81
(2) Not more than one per cent. of any work may be copied by or on behalf
of an establishment by virtue of this section in any quarter, that is, in any
period 1st January to 31st March, 1st April to 30th June, 1st July to 30th
September or 1st October to 31st December.
(3) Copying is not authorised by this section if, or to the extent that, licences
are available authorising the copying in question and the person making
the copies knew or ought to have been aware of that fact.
(4) The terms of a licence granted to an educational establishment
authorising the reprographic copying for the purposes of instruction of
passages from published works are of no effect so far as they purport to
restrict the proportion of a work which may be copied (whether on
payment or free of charge) to less than that which would be permitted
under this section.82
(5) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with, it shall be
treated as an infringing copy for the purposes of that dealing, and if that
dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire, offered or
exposed for sale or hire or communicated to the public.83
Section 37 Copyright Act 1991
Page 46 AT 8 of 1991 c
Libraries and archives
37 Libraries and archives: introductory
[P1988/48/37]
(1) In sections 38 to 43 (copying by librarians and archivists) —
(a) references in any provision to a prescribed library or archive are
to a library or archive of a description prescribed for the purposes
of that provision by regulations made by the Department; and
(b) references in any provision to the prescribed conditions are to the
conditions so prescribed.
(2) For the purposes of any such provision the regulations may prescribe a
description of library or archive in the United Kingdom, or in any other
country to which Part I of the Copyright, Designs and Patents Act 1988
(an Act of Parliament) extends, by reference to a description of library or
archive from time to time prescribed by regulations for the purposes of
the corresponding provision of that Part.
(3) The regulations may provide that, where a librarian or archivist is
required to be satisfied as to any matter before making or supplying a
copy of a work —
(a) he may rely on a signed declaration as to that matter by the
person requesting the copy, unless he is aware that it is false in a
material particular, and
(b) in such cases as may be prescribed, he shall not make or supply a
copy in the absence of a signed declaration in such form as may
be prescribed.
(4) Where a person requesting a copy makes a declaration which is false in a
material particular and is supplied with a copy which would have been
an infringing copy if made by him —
(a) he is liable for infringement of copyright as if he had made the
copy himself, and
(b) the copy shall be treated as an infringing copy.
(5) References in this section, and in sections 38 to 43, to the librarian or
archivist include a person acting on his behalf.
38 Copying by librarians: articles in periodicals
[P1988/48/38]
(1) The librarian of a prescribed library may, if the prescribed conditions are
complied with, make and supply a copy of an article in a periodical
without infringing any copyright in the text, in any illustrations
accompanying the text or in the typographical arrangement.
(2) The prescribed conditions shall include the following —
Copyright Act 1991 Section 39
c AT 8 of 1991 Page 47
(a) that copies are supplied only to persons satisfying the librarian
that they require them for the purposes of —
(i) research for a non-commercial purpose, or
(ii) private study,
and will not use them for any other purpose;84
(b) that no person is furnished with more than one copy of the same
article or with copies of more than one article contained in the
same issue of a periodical; and
(c) that persons to whom copies are supplied are required to pay for
them a sum not less than the cost (including a contribution to the
general expenses of the library) attributable to their production.
39 Copying by librarians: parts of published works
[P1988/48/39]
(1) The librarian of a prescribed library may, if the prescribed conditions are
complied with, make and supply from a published edition a copy of a
literary, dramatic or musical work (other than an article in a periodical)
without infringing any copyright in the work, in any illustrations
accompanying the work or in the typographical arrangement.
(2) The prescribed conditions shall include the following —
(a) that copies are supplied only to persons satisfying the librarian
that they require them for the purposes of —
(i) research for a non-commercial purpose, or
(ii) private study,
and will not use them for any other purpose;85
(b) that no person is furnished with more than one copy of the same
material or with a copy of more than a reasonable proportion of
any work; and
(c) that persons to whom copies are supplied are required to pay for
them a sum not less than the cost (including a contribution to the
general expenses of the library) attributable to their production.
40 Restriction on production of multiple copies of the same material
[P1988/48/40]
(1) Regulations for the purposes of sections 38 and 39 (copying by librarian
of article or part of published work) shall contain provision to the effect
that a copy shall be supplied only to a person satisfying the librarian that
his requirement is not related to any similar requirement of another
person.
(2) The regulations may provide —
Section 41 Copyright Act 1991
Page 48 AT 8 of 1991 c
(a) that requirements shall be regarded as similar if the requirements
are for copies of substantially the same material at substantially
the same time and for substantially the same purpose; and
(b) that requirements of persons shall be regarded as related if those
persons receive instruction to which the material is relevant at the
same time and place.
41 Copying by librarians: supply of copies to other libraries
[P1988/48/41]
(1) The librarian of a prescribed library may, if the prescribed conditions are
complied with, make and supply to another prescribed library a
copy of —
(a) an article in a periodical, or
(b) the whole or part of a published edition of a literary, dramatic or
musical work,
without infringing any copyright in the text of the article or, as the case
may be, in the work, in any illustrations accompanying it or in the
typographical arrangement.
(2) Subsection (1)(b) does not apply if at the time the copy is made the
librarian making it knows, or could by reasonable inquiry ascertain, the
name and address of a person entitled to authorise the making of the
copy.
42 Copying by librarians or archivists: replacement copies of works
[P1988/48/42]
(1) The librarian or archivist of a prescribed library or archive may, if the
prescribed conditions are complied with, make a copy from any item in
the permanent collection of the library or archive —
(a) in order to preserve or replace that item by placing the copy in its
permanent collection in addition to or in place of it, or
(b) in order to replace in the permanent collection of another
prescribed library or archive an item which has been lost,
destroyed or damaged,
without infringing the copyright in any literary, dramatic or musical
work, in any illustrations accompanying such a work or, in the case of a
published edition, in the typographical arrangement.
(2) The prescribed conditions shall include provision for restricting the
making of copies to cases where it is not reasonably practicable to
purchase a copy of the item in question to fulfil that purpose.
Copyright Act 1991 Section 43
c AT 8 of 1991 Page 49
43 Copying by librarians or archivists: certain unpublished works
[P1988/48/43]
(1) The librarian or archivist of a prescribed library or archive may, if the
prescribed conditions are complied with, make and supply a copy of the
whole or part of a literary, dramatic or musical work from a document in
the library or archive without infringing any copyright in the work or
any illustrations accompanying it.
(2) This section does not apply if —
(a) the work had been published before the document was deposited
in the library or archive, or
(b) the copyright owner has prohibited copying of the work,
and at the time the copy is made the librarian or archivist making it is, or
ought to be, aware of that fact.
(3) The prescribed conditions shall include the following —
(a) that copies are supplied only to persons satisfying the librarian or
archivist that they require them for the purposes of —
(i) research for a non-commercial purpose, or
(ii) private study,
and will not use them for any other purpose;86
(b) that no person is furnished with more than one copy of the same
material; and
(c) that persons to whom copies are supplied are required to pay for
them a sum not less than the cost (including a contribution to the
general expenses of the library or archive) attributable to their
production.
44 Copy of work required to be made as condition of export
[P1988/48/44]
If an article of cultural or historical importance or interest cannot lawfully be
exported from the Island unless a copy of it is made and deposited in an
appropriate library or archive, it is not an infringement of copyright to make
that copy.
Public administration
45 Tynwald and judicial proceedings
[P1988/48/45]
(1) Copyright is not infringed by anything done for the purposes of
Tynwald proceedings or judicial proceedings.
(2) Copyright is not infringed by anything done for the purposes of
reporting such proceedings; but this shall not be construed as
Section 46 Copyright Act 1991
Page 50 AT 8 of 1991 c
authorising the copying of a work which is itself a published report of
the proceedings.
46 Inquiries
[P1988/48/46]
(1) Copyright is not infringed by anything done for the purposes of the
proceedings of —
(a) an inquiry held by a person appointed by the Governor, the
Governor in Council or the Council of Ministers to inquire into
any matter, or
(b) a statutory inquiry.87
(2) Copyright is not infringed by anything done for the purpose of reporting
any such proceedings held in public; but this shall not be construed as
authorising the copying of a work which is itself a published report of
the proceedings.
(3) Copyright in a work is not infringed by the issue to the public of copies
of the report of an inquiry referred to in subsection (1)(a) or (b)
containing the work or material from it.88
(4) In this section, “statutory inquiry” means an inquiry held or
investigation conducted in pursuance of a duty imposed or power
conferred by or under a statutory provision.
47 Material open to public inspection or on official register
[P1988/48/47]
(1) Where material is open to public inspection pursuant to a statutory
requirement, or is on a statutory register, any copyright in the material as
a literary work is not infringed by the copying of so much of the material
as contains factual information of any description, by or with the
authority of the appropriate person, for a purpose which does not
involve the issuing of copies to the public.
(2) Where material is open to public inspection pursuant to a statutory
requirement, copyright is not infringed by the copying or issuing to the
public of copies of the material, by or with the authority of the
appropriate person, for the purpose of enabling the material 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 material which is open to public inspection pursuant to a
statutory requirement, or which is on a statutory register, contains
information about matters of general scientific, technical, commercial or
economic interest, copyright is not infringed by the copying or issuing to
Copyright Act 1991 Section 48
c AT 8 of 1991 Page 51
the public of copies of the material, by or with the authority of the
appropriate person, for the purpose of disseminating that information.
(4) The Department may by order provide that subsection (1), (2) or (3) shall,
in such cases as may be specified in the order, apply only to copies
marked in such manner as may be so specified.
(5) The Department may by order provide that subsections (1) to (3) apply,
to such extent and with such modifications as may be specified in
the order —
(a) to material made open to public inspection by —
(i) an international organisation specified in the order, or
(ii) a person so specified who has functions in the Island under
an international agreement to which the United Kingdom
is party and which extends to the Island, or
(b) to a register maintained by an international organisation specified
in the order,
as they apply in relation to material open to public inspection pursuant
to a statutory requirement or to a statutory register.
(6) In this section —
“appropriate person” means the person required to make the material 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 a statutory provision.
48 Material communicated to the Crown in the course of public business
[P1988/48/48]
(1) This section applies where a literary, dramatic, musical or artistic work
has in the course of public business been communicated to the Crown for
any purpose by or with the licence of the copyright owner and a
document or other material thing recording or embodying the work is
owned by or in the custody or control of the Crown.
(2) The Crown may, for the purpose for which the work was communicated
to it, or any related purpose which could reasonably have been
anticipated by the copyright owner, copy the work and issue copies of
the work to the public without infringing any copyright in the work.
(3) The Crown may not copy a work, or issue copies of a work to the public,
by virtue of this section if the work has previously been published
otherwise than by virtue of this section.
Section 49 Copyright Act 1991
Page 52 AT 8 of 1991 c
(4) In subsection (1) “public business” includes any activity carried on by the
Crown.
(5) This section has effect subject to any agreement to the contrary between
the Crown and the copyright owner.
49 Public records
[P1988/48/49]
Material which is comprised in records which are open to public inspection at
the Public Record Office, the General Registry, the Diocesan Registry or the
Manx Museum may be copied, and a copy may be supplied to any person, 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 copyright.89
50 Acts done under statutory authority
[P1988/48/50]
(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 copyright.
(2) Nothing in this section shall be construed as excluding any defence of
statutory authority otherwise available under or by virtue of any
enactment.
Computer programs: lawful users
50A Back-up copies
(1) It is not an infringement of copyright for a lawful user of a copy of a
computer program to make any back-up copy of it which it is necessary
for him to have for his lawful use.
(2) For the purposes of this section and sections 50B, 50BA and 50C a person
is a lawful user of a computer program if (whether under a licence to do
any acts restricted by the copyright in the program or otherwise) he has a
right to use the program.90
(3) Where an act is permitted under this section, it is irrelevant whether or
not there exists any term or condition in an agreement which purports to
prohibit or restrict the act (such terms being, by virtue of section 163A,
void).91
50B Decompilation
(1) It is not an infringement of copyright for a lawful user of a copy of a
computer program expressed in a low level language —
Copyright Act 1991 Section 50
c AT 8 of 1991 Page 53
(a) to convert it into a version expressed in a higher level language,
or
(b) incidentally in the course of so converting the program, to copy it,
(that is, to “decompile” it), provided that the conditions in subsection (2)
are met.
(2) The conditions are that —
(a) it is necessary to decompile the program to obtain the information
necessary to create an independent program which can be
operated with the program decompiled or with another program
(“the permitted objective”); and
(b) the information so obtained is not used for any purpose other
than the permitted objective.
(3) In particular, the conditions in subsection (2) are not met if the
lawful user —
(a) has readily available to him the information necessary to achieve
the permitted objective;
(b) does not confine the decompiling to such acts as are necessary to
achieve the permitted objective;
(c) supplies the information obtained by the decompiling to any
person to whom it is not necessary to supply it in order to achieve
the permitted objective; or
(d) uses the information to create a program which is substantially
similar in its expression to the program decompiled or to do any
act restricted by copyright.
(4) Where an act is permitted under this section, it is irrelevant whether or
not there exists any term or condition in an agreement which purports to
prohibit or restrict the act (such terms being, by virtue of section 163A,
void).92
50BA Observing, studying and testing of computer programs
(1) It is not an infringement of copyright for a lawful user of a copy of a
computer program to observe, study or test the functioning of the
program in order to determine the ideas and principles which underlie
any element of the program if he does so while performing any of the
acts of loading, displaying, running, transmitting or storing the program
which he is entitled to do.
(2) Where an act is permitted under this section, it is irrelevant whether or
not there exists any term or condition in an agreement which purports to
prohibit or restrict the act (such terms being, by virtue of section 163A,
void).93
Section 51 Copyright Act 1991
Page 54 AT 8 of 1991 c
50C Other acts permitted to lawful users
(1) It is not an infringement of copyright for a lawful user of a copy of a
computer program to copy or adapt it, provided that the copying or
adapting —
(a) is necessary for his lawful use; and
(b) is not prohibited under any term or condition of an agreement
regulating the circumstances in which his use is lawful.
(2) It may, in particular, be necessary for the lawful use of a computer
program to copy it or adapt it for the purpose of correcting errors in it.
(3) This section does not apply to any copying or adapting permitted by
section 50A, 50B or 50BA.94
95
Databases: permitted acts
50D Acts permitted in relation to databases
(1) It is not an infringement of copyright in a database for a person who has
a right to use the database or any part of the database, (whether under a
licence to do any of the acts restricted by the copyright in the database or
otherwise) to do, in the exercise of that right, anything which is necessary
for the purposes of access to and use of the contents of the database or of
that part of the database.
(2) Where an act which would otherwise infringe copyright in a database is
permitted under this section, it is irrelevant whether or not there exists
any term or condition in any agreement which purports to prohibit or
restrict the act (such terms being, by virtue of section 163B, void).96
Designs
51 Design documents and models
[P1988/48/51]
(1) It is not an infringement of any copyright in a design document or model
recording or embodying a design for anything other than an artistic work
or a typeface to make an article to the design or to copy an article made
to the design.
(2) Nor is it an infringement of the copyright to issue to the public, or
include in a film or communicate to the public, anything the making of
which was, by virtue of subsection (1), not an infringement of that
copyright.97
(3) In this section —
Copyright Act 1991 Section 52
c AT 8 of 1991 Page 55
“design” means the design of the shape or configuration (whether internal or
external) of the whole or part of an article other than surface decoration;
and98
“design document” means any record of a design, whether in the form of a
drawing, a written description, a photograph, data stored in a computer
or otherwise.
52 Effect of exploitation of design derived from artistic work
[P1988/48/52]
(1) This section applies where an artistic work has been exploited, by or with
the licence of the copyright owner, by —
(a) making by an industrial process articles falling to be treated for
the purposes of this Act as copies of the work, and
(b) marketing such articles, in the Island or elsewhere.
(2) After the end of the period of 25 years from the end of the calendar year
in which such articles are first marketed, the work may be copied by
making articles of any description, or doing anything for the purpose of
making articles of any description, and anything may be done in relation
to articles so made, without infringing copyright in the work.
(3) Where only part of an artistic work is exploited as mentioned in
subsection (1), subsection (2) applies only in relation to that part.
(4) The Department may by order make provision —
(a) as to the circumstances in which an article, or any description of
article, is to be regarded for the purposes of this section as made
by an industrial process;
(b) excluding from the operation of this section such articles of a
primarily literary or artistic character as it thinks fit.
(5) In this section —
(a) references to articles do not include films; and
(b) references to the marketing of an article are to its being sold or let
for hire or offered or exposed for sale or hire.
53 Things done in reliance on registration of design
[P1988/48/53]
(1) The copyright in an artistic work is not infringed by anything done —
(a) in pursuance of an assignment or licence made or granted by a
person registered under the Registered Designs Act 1949 (an Act
of Parliament) as the proprietor of a corresponding design, or
under the Community Design Regulation as the right holder of a
corresponding registered Community design, and99
Section 54 Copyright Act 1991
Page 56 AT 8 of 1991 c
(b) in good faith in reliance on the registration and without notice of
any proceedings for the cancellation of the registration or, in a
case of registration under the 1949 Act, for rectifying the relevant
entry in the register of designs;100
and this is so notwithstanding that the person registered as the
proprietor was not the proprietor of the design for the purposes of the
1949 Act or, in a case of registration under the Community Design
Regulation, that the person registered as the right holder was not the
right holder of the design for the purposes of the Regulation.101
(2) In subsection (1) a “corresponding design”, in relation to an artistic work,
means a design within the meaning of the 1949 Act which if applied to
an article would produce something which would be treated for the
purposes of this Act as a copy of the artistic work.
(3) In subsection (1), a “corresponding registered Community design”, in
relation to an artistic work, means a design within the meaning of the
Community Design Regulation which if applied to an article would
produce something which would be treated for the purposes of this Act
as a copy of the artistic work.102
(4) In this section, “the Community Design Regulation” means Council
Regulation (EC) 6/2002 of 12 December 2001 on Community design (OJ
2002 L3/1, 5/1/2002).103
Typefaces
54 Use of typeface in ordinary course of printing
[P1988/48/54]
(1) It is not an infringement of copyright in an artistic work consisting of the
design of a typeface —
(a) to use the typeface in the ordinary course of typing, composing
text, typesetting or printing,
(b) to possess an article for the purpose of such use, or
(c) to do anything in relation to material produced by such use;
and this is so notwithstanding that an article is used which is an
infringing copy of the work.
(2) However, the following provisions of this Act apply in relation to
persons making, importing or dealing with articles specifically designed
or adapted for producing material in a particular typeface, or possessing
such articles for the purpose of dealing with them, as if the production of
material as mentioned in subsection (1) did infringe copyright in the
artistic work consisting of the design of the typeface —
Copyright Act 1991 Section 55
c AT 8 of 1991 Page 57
section 24 (secondary infringement: making, importing,
possessing or dealing with article for making infringing copy),
section 98 and 99 (order for delivery up and right of seizure),
section 106(2) (offence of making or possessing such an article),
and
section 107 (order for delivery up in criminal proceedings).
(3) The references in subsection (2) to “dealing with” an article are to selling,
letting for hire, or offering or exposing for sale or hire, exhibiting in
public, or distributing.
55 Articles for producing material in particular typeface
[P1988/48/55]
(1) This section applies to the copyright in an artistic work consisting of the
design of a typeface where articles specifically designed or adapted for
producing material in that typeface have been marketed by or with the
licence of the copyright owner.
(2) After the period of 25 years from the end of the calendar year in which
the first such articles are marketed, the work may be copied by making
further such articles, or doing anything for the purpose of making such
articles, and anything may be done in relation to articles so made,
without infringing copyright in the work.
(3) In subsection (1) “marketed” means sold, let for hire or offered or
exposed for sale or hire, in the Island or elsewhere.
Works in electronic form
56 Transfer of copies of works in electronic form
[P1988/48/56]
(1) This section applies where a copy of a work in electronic form has been
purchased on terms which, expressly or impliedly or by virtue of any
rule of law, allow the purchaser to copy the work, or to adapt it or make
copies of an adaptation, in connection with his use of it.
(2) If there are no express terms —
(a) prohibiting the transfer of the copy by the purchaser, imposing
obligations which continue after a transfer, prohibiting the
assignment of any licence or terminating any licence on a transfer,
or
(b) providing for the terms on which a transferee may do the things
which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done
without infringement of copyright by a transferee; but any copy,
Section 57 Copyright Act 1991
Page 58 AT 8 of 1991 c
adaptation or copy of an adaptation made by the purchaser which is not
also transferred shall be treated as an infringing copy for all purposes
after the transfer.
(3) The same applies where the original purchased copy is no longer usable
and what is transferred is a further copy used in its place.
(4) The above provisions also apply on a subsequent transfer, with the
substitution for references in subsection (2) to the purchaser of references
to the subsequent transferor.
Miscellaneous: literary, dramatic, musical and artistic works
57 Anonymous or pseudonymous works: acts permitted on assumptions
as to expiry of copyright or death of author
[P1988/48/57]
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed
by an act done 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 author, and
(b) it is reasonable to assume —
(i) that copyright has expired, or
(ii) that the author died 70 years or more before the beginning
of the calendar year in which the act is done or the
arrangements are made.104
(2) Subsection (1)(b)(ii) does not apply in relation to —
(a) a work in which Crown copyright subsists, or
(b) a work in which copyright originally vested in an international
organisation by virtue of section 161 and in respect of which an
order under that section specifies a copyright period longer than
70 years.105
(3) In relation to a work of joint authorship —
(a) the reference in subsection (1) to its being possible to ascertain the
identity of the author shall be construed as a reference to its being
possible to ascertain the identity of any of the authors, and
(b) the reference in subsection (1)(b)(ii) to the author having died
shall be construed as a reference to all the authors having died.
58 Use of notes or recordings of spoken words in certain cases
[P1988/48/58]
(1) Where a record of spoken words is made, in writing or otherwise, for the
purpose —
Copyright Act 1991 Section 59
c AT 8 of 1991 Page 59
(a) of reporting current events, or
(b) of communicating to the public the whole or part of the work,106
it is not an infringement of any copyright in the words as a literary work
to use the record or material taken from it (or to copy the record, or any
such material, and use the copy) for that purpose, provided the following
conditions are met.
(2) The conditions are that —
(a) the record is a direct record of the spoken words and is not taken
from a previous record or from a broadcast;107
(b) the making of the record was not prohibited by the speaker and,
where copyright already subsisted in the work, did not infringe
copyright;
(c) the use made of the record or material taken from it is not of a
kind prohibited by or on behalf of the speaker or copyright owner
before the record was made; and
(d) the use is by or with the authority of a person who is lawfully in
possession of the record.
59 Public reading or recitation
[P1988/48/59]
(1) The reading or recitation in public by one person of a reasonable extract
from a published literary or dramatic work does not infringe any
copyright in the work if it is accompanied by a sufficient
acknowledgement.
(2) Copyright in a work is not infringed by the making of a sound recording,
or the communication to the public, of a reading or recitation which by
virtue of subsection (1) does not infringe copyright in the work, provided
that the recording or communication to the public consists mainly of
material in relation to which it is not necessary to rely on that
subsection.108
60 Abstracts of scientific or technical articles
[P1988/48/60]
(1) Where an article on a scientific or technical subject is published in a
periodical accompanied by an abstract indicating the contents of the
article, it is not an infringement of copyright in the abstract, or in the
article, to copy the abstract or issue copies of it to the public.
(2) This section does not apply if or to the extent that there is a licensing
scheme certified for the purposes of this section under section 141
providing for the grant of licences.
Section 61 Copyright Act 1991
Page 60 AT 8 of 1991 c
61 Recordings of folksongs
[P1988/48/61]
(1) A sound recording of a performance of a song may be made, for the
purpose of including it in an archive maintained by a designated body,
without infringing any copyright in the words as a literary work or in the
accompanying musical work, provided the conditions in subsection (2)
are met.
(2) The conditions are that —
(a) the words are unpublished and of unknown authorship at the
time the recording is made,
(b) the making of the recording does not infringe any other copyright,
and
(c) its making is not prohibited by any performer.
(3) Copies of a sound recording made in reliance on subsection (1) and
included in an archive maintained by a designated body may, if the
prescribed conditions are met, be made and supplied by the archivist
without infringing copyright in the recording or the works included in it.
(4) The prescribed conditions shall include the following —
(a) that copies are only supplied to persons satisfying the archivist
that they require them for the purposes of —
(i) research for a non-commercial purpose, or
(ii) private study,
and will not use them for any other purpose, and109
(b) that no person is furnished with more than one copy of the same
recording.
(5) In this section —
(a) “designated” means designated for the purposes of this section by
order of the Department, who shall not designate a body unless
satisfied that it is not established or conducted for profit,
(b) “prescribed” means prescribed for the purposes of this section by
order of the Department, and
(c) references to the archivist include a person acting on his behalf.
62 Representation of certain artistic works on public display
[P1988/48/62]
(1) This section applies to —
(a) buildings, and
(b) sculptures, models for buildings and works of artistic
craftsmanship, if permanently situated in a public place or in
premises open to the public.
Copyright Act 1991 Section 63
c AT 8 of 1991 Page 61
(2) The copyright in such a work is not infringed by —
(a) making a graphic work representing it,
(b) making a photograph or film of it, or
(c) making a broadcast of a visual image of it.110
(3) Nor is the copyright infringed by the issue to the public of copies, or the
communication to the public, of anything whose making was, by virtue
of this section, not an infringement of the copyright.111
63 Advertisement of sale of artistic work
[P1988/48/63]
(1) (1) It is not infringement of copyright in an artistic work to copy it, or to
issue copies to the public, for the purpose of advertising the sale of the
work
(2) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with for any other
purpose, it shall be treated as an infringing copy for the purposes of that
dealing, and if that dealing infringes copyright for all subsequent
purposes.
For this purpose “dealt with” means sold or let for hire, offered or
exposed for sale or hire, exhibited in public, distributed or
communicated to the public.112
64 Making of subsequent works by same artist
[P1988/48/64]
Where the author of an artistic work is not the copyright owner, he does not
infringe the copyright by copying the work in making another artistic work,
provided he does not repeat or imitate the main design of the earlier work.
65 Reconstruction of buildings
[P1988/48/65]
Anything done for the purposes of reconstructing a building does not infringe
any copyright —
(a) in the building, or
(b) in any drawings or plans in accordance with which the building
was, by or with the licence of the copyright owner, constructed.
Section 66 Copyright Act 1991
Page 62 AT 8 of 1991 c
Miscellaneous: sound recordings, films and computer programs
66 Rental of sound recordings, films and computer programs
[P1988/48/66]
(1) The Department may by order provide that in such cases as may be
specified in the order the rental to the public of copies of sound
recordings, films or computer programs shall be treated as licensed by
the copyright owner subject only to the payment of such reasonable
royalty or other payment as may be agreed or determined in default of
agreement by the Tribunal.
(2) No such order shall apply if, or to the extent that, there is a licensing
scheme certified for the purposes of this section under section 141
providing for the grant of licences.
(3) An order may specify cases by reference to any factor relating to the
work, the copies rented, the renter or the circumstances of the rental.
(4) Copyright in a computer program is not infringed by the rental of copies
to the public after the end of the period of 50 years from the end of the
calendar year in which copies of it were first issued to the public in
electronic form.
(5) Nothing in this section affects any liability under section 23 (secondary
infringement) in respect of the rental of infringing copies.
Miscellaneous: films and sound recordings
66A Films: acts permitted on assumptions as to expiry of copyright, etc
(1) Copyright in a film is not infringed by an act done 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
any of the persons referred to in section 13A(2)(a) to (d) (persons
by reference to whose life the copyright period is ascertained),
and
(b) it is reasonable to assume —
(i) that copyright has expired, or
(ii) that the last to die of those persons died 70 years or more
before the beginning of the calendar year in which the act
is done or the arrangements are made.
(2) Subsection (1)(b)(ii) does not apply in relation to —
(a) a film in which Crown copyright subsists, or
(b) a film in which copyright originally vested in an international
organisation by virtue of section 161 and in respect of which an
Copyright Act 1991 Section 67
c AT 8 of 1991 Page 63
order under that section specifies a copyright period longer than
70 years.113
67 Playing of sound recordings for purposes of club, society, etc
[P1988/48/67]
(1) It is not an infringement of the copyright in a sound recording to play it
as part of the activities of, or for the benefit of, a club, society or other
organisation if the following conditions are met.
(2) The conditions are —
(a) that the organisation is not established or conducted for profit and
its main objects are charitable or are otherwise concerned with the
advancement of religion, education or social welfare,
(b) that the sound recording is played by a person who is acting
primarily and directly for the benefit of the organisation and who
is not acting with a view to gain,114
(c) that the proceeds of any charge for admission to the place where
the recording is to be heard are applied solely for the purposes of
the organisation, and115
(d) that the proceeds from any goods or services sold by, or on behalf
of, the organisation —
(i) in the place where the sound recording is heard, and
(ii) on the occasion when the sound recording is played, are
applied solely for the purposes of the organisation.116
Miscellaneous: broadcasts117
68 Incidental recording for purposes of broadcast
118
[P1988/48/68]
(1) This section applies where by virtue of a licence or assignment of
copyright a person is authorised to broadcast119
—
(a) a literary, dramatic or musical work, or an adaptation of such a
work,
(b) an artistic work, or
(c) a sound recording or film.
(2) He shall by virtue of this section be treated as licensed by the owner of
the copyright in the work to do or authorise any of the following for the
purposes of the broadcast120
—
(a) in the case of a literary, dramatic or musical work, or an
adaptation of such a work, to make a sound recording or film of
the work or adaptation;
Section 69 Copyright Act 1991
Page 64 AT 8 of 1991 c
(b) in the case of an artistic work, to take a photograph or make a film
of the work;
(c) in the case of a sound recording or film, to make a copy of it.
(3) That licence is subject to the condition that the recording, film,
photograph or copy in question —
(a) shall not be used for any other purpose, and
(b) shall be destroyed within 28 days of being first used for
broadcasting the work.121
(4) A recording, film, photograph or copy made in accordance with this
section shall be treated as an infringing copy —
(a) for the purposes of any use in breach of the condition mentioned
in subsection (3)(a), and
(b) for all purposes after that condition or the condition mentioned in
subsection (3)(b) is broken.
69 Recording for purposes of supervision and control of broadcasts
122
[P1988/48/69]
(1) Copyright is not infringed by the making or use by the British
Broadcasting Corporation, for the purpose of maintaining supervision
and control over programmes broadcast by them, of recordings of those
programmes.
(2) Copyright is not infringed by anything done in pursuance of —
(a) section 11(1) or 95(1) of the Broadcasting Act 1990 (an Act of
Parliament) or section 115(4) or (6), 116(5) or 117 of the
Broadcasting Act 1996 (an Act of Parliament), as they have effect
in the Island;
(b) a condition which, by virtue of section 11(2) or 95(2) of the said
Act of 1990, is included in a licence granted under Part I or III of
that Act or Part I or II of the said Act of 1996; or
(c) a direction given under section 109(2) of the said Act of 1990
(power to require production of recordings etc.).123
(2A) [Repealed]124
(3) Copyright is not infringed by —
(a) the use by the Independent Television Commission or the Radio
Authority, in connection with the performance of any of their
functions under the said Act of 1990 or the said Act of 1996, of any
recording, script or transcript which is provided to them under or
by virtue of any provision of those Acts;
(b) the use by the Broadcasting Standards Commission, in connection
with any complaint made to them under the said Act of 1996 of
Copyright Act 1991 Section 70
c AT 8 of 1991 Page 65
any recording or transcript which is provided to them in
accordance with section 115(4) or (6) or 116(5) of that Act; or
(c) the making or use of recordings by the Communications
Commission for the purpose of maintaining supervision over the
programmes included in licensed services within the meaning of
Part 1 of the Broadcasting Act 1993, or by the licence holder in
pursuance of a condition included in a licence under that Part for
that purpose.125
70 Recording for purposes of time-shifting
[P1988/48/70]
(1) The making in domestic premises for private and domestic use of a
recording of a broadcast solely for the purpose of enabling it to be
viewed or listened to at a more convenient time does not infringe any
copyright in the broadcast or in any work included in it.126
(2) The making by or on behalf of an educational establishment of a
recording of a broadcast solely for the purpose of enabling it to be
viewed or listened to at a more convenient time for the educational
purposes of that establishment does not infringe any copyright in the
broadcast or in any work included in it, provided that it is accompanied
by a sufficient acknowledgement of the broadcast and that the
educational purposes are non-commercial.127
(3) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with —
(a) it shall be treated as an infringing copy for the purposes of that
dealing; and
(b) if that dealing infringes copyright, it shall be treated as an
infringing copy for all subsequent purposes.128
(4) In subsection (3), “dealt with” means sold or let for hire, offered or
exposed for sale or hire or communicated to the public.129
71 Photographs of broadcasts
(1) The making in domestic premises for private and domestic use of a
photograph of the whole or any part of an image forming part of a
broadcast, or a copy of such a photograph, does not infringe any
copyright in the broadcast or in any film included in it.
(2) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with —
(a) it shall be treated as an infringing copy for the purposes of that
dealing; and
(b) if that dealing infringes copyright, it shall be treated as an
infringing copy for all subsequent purposes.
Section 72 Copyright Act 1991
Page 66 AT 8 of 1991 c
(3) In subsection (2), “dealt with” means sold or let for hire, offered or
exposed for sale or hire or communicated to the public.130
72 Free public showing or playing of broadcast
131
[P1988/48/72]
(1) The showing or playing in public of a broadcast to an audience who have
not paid for admission to the place where the broadcast is to be seen or
heard does not infringe any copyright in ―
(a) the broadcast;
(b) any sound recording (except so far as it is an excepted sound
recording) included in it; or
(c) any film included in it.132
(1A) For the purposes of this Act an “excepted sound recording
” is a sound
recording —
(a) whose author is not the author of the broadcast in which it is
included; and
(b) which is a recording of music with or without words spoken or
sung.133
(1B) Where by virtue of subsection (1) the copyright in a broadcast shown or
played in public is not infringed, copyright in any excepted sound
recording included in it is not infringed if the playing or showing of that
broadcast in public is necessary for the purposes of —
(a) repairing equipment for the reception of broadcasts;
(b) demonstrating that a repair to such equipment has been carried
out; or
(c) demonstrating such equipment which is being sold or let for hire
or offered or exposed for sale or hire.134
(2) The audience shall be treated as having paid for admission to a place —
(a) if they have paid for admission to a place of which that place
forms part; or
(b) if goods or services are supplied at that place (or a place of which
it forms part) —
(i) at prices which are substantially attributable to the
facilities afforded for seeing or hearing the broadcast, or135
(ii) at prices exceeding those usually charged there and which
are partly attributable to those facilities.
(3) The following shall not be regarded as having paid for admission to a
place —
(a) persons admitted as residents or inmates of the place;
Copyright Act 1991 Section 73
c AT 8 of 1991 Page 67
(b) persons admitted as members of a club or society where the
payment is only for membership of the club or society and the
provision of facilities for seeing or hearing broadcasts is only
incidental to the main purposes of the club or society.136
(4) Where the making of the broadcast was an infringement of the copyright
in a sound recording or film, the fact that it was heard or seen in public
by the reception of the broadcast shall be taken into account in assessing
the damages for that infringement.137
73 Reception and re-transmission of wireless broadcast by cable
138
[P1988/48/73]
(1) This section applies where a wireless broadcast made from a place in the
Island or the United Kingdom is received and immediately re-
transmitted by cable.139
(2) The copyright in the broadcast is not infringed if and to the extent that
the broadcast is made for reception in the area in which it is re-
transmitted by cable and is not a satellite transmission or an encrypted
transmission.140
(3) The copyright in any work included in the broadcast is not infringed if
and to the extent that the broadcast is made for reception in the area in
which it is re-transmitted by cable; but where the making of the
broadcast was an infringement of the copyright in the work, the fact that
the broadcast was re-transmitted by cable shall be taken into account in
assessing the damages for that infringement.141
(4) In this section references to re-transmission by cable include the
transmission of microwave energy between terrestrial fixed points.142
74 Provision of sub-titled copies of broadcast
143
[P1988/48/74]
(1) A designated body may, for the purpose of providing people who are
deaf or hard of hearing, or physically or mentally handicapped in other
ways, with copies which are sub-titled or otherwise modified for their
special needs, make copies of broadcasts and issue copies to the public,
without infringing any copyright in the broadcasts or works included in
them.144
(2) In subsection (1) “designated” means designated for the purposes of this
section by order of the Department, who shall not designate a body
unless satisfied that it is not established or conducted for profit.
(3) This section does not apply if, or to the extent that, there is a licensing
scheme certified for the purposes of this section under section 141
providing for the grant of licences.
Section 75 Copyright Act 1991
Page 68 AT 8 of 1991 c
75 Recording for archival purposes
[P1988/48/75]
(1) A recording of a broadcast of a designated class, or a copy of such a
recording, may be made for the purpose of being placed in an archive
maintained by a designated body without thereby infringing any
copyright in the broadcast or in any work included in it.145
(2) In subsection (1) “designated” means designated for the purposes of this
section by order of the Department, who shall not designate a body
unless satisfied that it is not established or conducted for profit.
Adaptations
76 Adaptations
[P1988/48/76]
An act which by virtue of this Part may be done without infringing copyright in
a literary, dramatic or musical work does not, where that work is an adaptation,
infringe any copyright in the work from which the adaptation was made.
PART IV – MORAL RIGHTS
Right to be identified as author or director
77 Right to be identified as author or director
[P1988/48/77]
(1) The author of a copyright literary, dramatic, musical or artistic work, and
the director of a copyright film, has the right to be identified as the
author or director of the work in the circumstances mentioned in this
section; but the right is not infringed unless it has been asserted in
accordance with section 78.
(2) The author of a literary work (other than words intended to be sung or
spoken with music) or a dramatic work has the right to be identified
whenever —
(a) the work is published commercially, performed in public or
communicated to the public; or146
(b) copies of a film or sound recording including the work are issued
to the public;
and that right includes the right to be identified whenever any of those
events occur in relation to an adaptation of the work as the author of the
work from which the adaptation was made.
Copyright Act 1991 Section 77
c AT 8 of 1991 Page 69
(3) The author of a musical work, or a literary work consisting of words
intended to be sung or spoken with music, has the right to be identified
whenever —
(a) the work is published commercially;
(b) copies of a sound recording of the work are issued to the public;
or
(c) a film of which the sound-track includes the work is shown in
public or copies of such a film are issued to the public;
and that right includes the right to be identified whenever any of those
events occur in relation to an adaptation of the work as the author of the
work from which the adaptation was made.
(4) The author of an artistic work has the right to be identified whenever —
(a) the work is published commercially or exhibited in public, or a
visual image of it is communicated to the public;147
(b) a film including a visual image of the work is shown in public or
copies of such a film are issued to the public; or
(c) in the case of a work of architecture in the form of a building or a
model for a building, a sculpture or a work of artistic
craftsmanship, copies of a graphic work representing it, or of a
photograph of it, are issued to the public.
(5) The author of a work of architecture in the form of a building also has the
right to be identified on the building as constructed or, where more than
one building is constructed to the design, on the first to be constructed.
(6) The director of a film has the right to be identified whenever the film is
shown in public or communicated to the public or copies of the film are
issued to the public.148
(7) The right of the author or director under this section is —
(a) in the case of commercial publication or the issue to the public of
copies of a film or sound recording, to be identified in or on each
copy or, if that is not appropriate, in some other manner likely to
bring his identity to the notice of a person acquiring a copy,
(b) in the case of identification on a building, to be identified by
appropriate means visible to persons entering or approaching the
building, and
(c) in any other case, to be identified in a manner likely to bring his
identity to the attention of a person seeing or hearing the
performance, exhibition, showing or communication to the public
in question;149
and identification must in each case be clear and reasonably prominent.
(8) If the author or director in asserting his right to be identified specifies a
pseudonym, initials or some other particular form of identification, that
Section 78 Copyright Act 1991
Page 70 AT 8 of 1991 c
form shall be used; otherwise any reasonable form of identification may
be used.
(9) This section has effect subject to section 79 (exceptions to right).
78 Requirement that right be asserted
[P1988/48/78]
(1) A person does not infringe the right conferred by section 77 (right to be
identified as author or director) by doing any of the acts mentioned in
that section unless the right has been asserted in accordance with the
following provisions so as to bind him in relation to that act.
(2) The right may be asserted generally, or in relation to any specified act or
description of acts —
(a) on an assignment of copyright in the work, by including in the
instrument effecting the assignment a statement that the author or
director asserts in relation to that work his right to be identified,
or
(b) by instrument in writing signed by the author or director.
(3) The right may also be asserted in relation to the public exhibition of an
artistic work —
(a) by securing that when the author or other first owner of copyright
parts with possession of the original, or of a copy made by him or
under his direction or control, the author is identified on the
original or copy, or on a frame, mount or other thing to which it is
attached, or
(b) by including in a licence by which the author or other first owner
of copyright authorises the making of copies of the work a
statement signed by or on behalf of the person granting the
licence that the author asserts his right to be identified in the
event of the public exhibition of a copy made in pursuance of the
licence.
(4) The persons bound by an assertion of the right under subsection (2) or (3)
are —
(a) in the case of an assertion under subsection (2)(a), the assignee
and anyone claiming through him, whether or not he has notice of
the assertion;
(b) in the case of an assertion under subsection (2)(b), anyone to
whose notice the assertion is brought;
(c) in the case of an assertion under subsection (3)(a), anyone into
whose hands that original or copy comes, whether or not the
identification is still present or visible;
Copyright Act 1991 Section 79
c AT 8 of 1991 Page 71
(d) in the case of an assertion under subsection (3)(b), the licensee and
anyone into whose hands a copy made in pursuance of the licence
comes, whether or not he has notice of the assertion.
(5) In an action for infringement of the right the court shall, in considering
remedies, take into account any delay in asserting the right.
79 Exceptions to right
[P1988/48/79]
(1) The right conferred by section 77 (right to be identified as author or
director) is subject to the following exceptions.
(2) The right does not apply in relation to the following descriptions of
work —
(a) a computer program;
(b) the design of a typeface;
(c) any computer-generated work.
(3) The right does not apply to anything done by or with the authority of the
copyright owner where copyright in the work originally vested in the
author’s or director’s employer by virtue of section 11(2) (works
produced in the course of employment).150
(4) The right is not infringed by an act which by virtue of any of the
following provisions would not infringe copyright in the work —
(a) section 30 (fair dealing for certain purposes), so far as it relates to
the reporting of current events by means of a sound recording,
film or broadcast;151
(b) section 31 (incidental inclusion of work in an artistic work, sound
recording, film or broadcast);152
(c) section 32(3) (examination questions);
(d) section 45 (Tynwald and judicial proceedings);
(e) section 46(1) or (2) (commissions and statutory inquiries);
(f) section 51 (use of design documents and models);
(g) section 52 (effect of exploitation of design derived from artistic
work);
(h) section 57 or 66A (acts permitted on assumptions as to expiry of
copyright, etc).153
(5) The right does not apply in relation to any work made for the purpose of
reporting current events.
(6) The right does not apply in relation to the publication in —
(a) a newspaper, magazine or similar periodical, or
Section 80 Copyright Act 1991
Page 72 AT 8 of 1991 c
(b) an encyclopaedia, dictionary, yearbook or other collective work of
reference,
of a literary, dramatic, musical or artistic work made for the purposes of
such publication or made available with the consent of the author for the
purposes of such publication.
(7) The right does not apply in relation to —
(a) a work in which Crown copyright or Tynwald copyright subsists,
or
(b) a work to the copyright in which Her Majesty was originally
entitled by virtue of section 156, or
(c) a work in which copyright originally vested in an international
organisation by virtue of section 161,
unless the author or director has previously been identified as such in or
on published copies of the work.
Right to object to derogatory treatment of work
80 Right to object to derogatory treatment of work
[P1988/48/80]
(1) The author of a copyright literary, dramatic, musical or artistic work, and
the director of a copyright film, has the right in the circumstances
mentioned in this section not to have his work subjected to derogatory
treatment.
(2) For the purposes of this section —
(a) “treatment” of a work means any addition to, deletion from or
alteration to or adaptation of the work, other than —
(i) a translation of a literary or dramatic work, or
(ii) an arrangement or transcription of a musical work
involving no more than a change of key or register; and
(b) the treatment of a work is derogatory if it amounts to distortion or
mutilation of the work or is otherwise prejudicial to the honour or
reputation of the author or director;
and in the following provisions of this section references to a derogatory
treatment of a work shall be construed accordingly.
(3) In the case of a literary, dramatic or musical work the right is infringed
by a person who —
(a) publishes commercially, performs in public or communicates to
the public a derogatory treatment of the work; or154
(b) issues to the public copies of a film or sound recording of, or
including, a derogatory treatment of the work.
Copyright Act 1991 Section 81
c AT 8 of 1991 Page 73
(4) In the case of an artistic work the right is infringed by a person who —
(a) publishes commercially or exhibits in public a derogatory
treatment of the work, or communicates to the public a visual
image of a derogatory treatment of the work,155
(b) shows in public a film including a visual image of a derogatory
treatment of the work or issues to the public copies of such a film,
or
(c) in the case of —
(i) a work of architecture in the form of a model for a
building,
(ii) a sculpture, or
(iii) a work of artistic craftsmanship,
issues to the public copies of a graphic work representing, or of a
photograph of, a derogatory treatment of the work.
(5) Subsection (4) does not apply to a work of architecture in the form of a
building; but where the author of such a work is identified on the
building and it is the subject of derogatory treatment, he has the right to
require the identification to be removed.
(6) In the case of a film, the right is infringed by a person who —
(a) shows in public or communicates to the public a derogatory
treatment of the film; or156
(b) issues to the public copies of a derogatory treatment of the film.157
(7) The right conferred by this section extends to the treatment of parts of a
work resulting from a previous treatment by a person other than the
author or director, if those parts are attributed to, or are likely to be
regarded as the work of, the author or director.
(8) This section has effect subject to sections 81 and 82 (exceptions to and
qualifications of right).
81 Exceptions to right
[P1988/48/81]
(1) The right conferred by section 80 (right to object to derogatory treatment
of work) is subject to the following exceptions.
(2) The right does not apply to a computer program or to any computer-
generated work.
(3) The right does not apply in relation to any work made for the purpose of
reporting current events.
(4) The right does not apply in relation to the publication in —
(a) a newspaper, magazine or similar periodical, or
Section 82 Copyright Act 1991
Page 74 AT 8 of 1991 c
(b) an encyclopaedia, dictionary, yearbook or other collective work of
reference,
of a literary, dramatic, musical or artistic work made for the purposes of
such publication or made available with the consent of the author for the
purposes of such publication.
Nor does the right apply in relation to any subsequent exploitation
elsewhere of such a work without any modification of the published
version.
(5) The right is not infringed by an act which by virtue of section 57 or 66A
(acts permitted on assumptions as to expiry of copyright, etc) would not
infringe copyright.158
(6) The right is not infringed by anything done for the purpose of —
(a) avoiding the commission of an offence,
(b) complying with a duty imposed by or under an enactment, or
(c) in the case of the British Broadcasting Corporation, avoiding the
inclusion in a programme broadcast by them of anything which
offends against good taste or decency or which is likely to
encourage or incite to crime or to lead to disorder or to be
offensive to public feeling;
provided, where the author or director is identified at the time of the
relevant act or has previously been identified in or on published copies
of the work, that there is a sufficient disclaimer.
82 Qualification of right in certain cases
[P1988/48/82]
(1) This section applies to —
(a) works in which copyright originally vested in the author’s or
director’s employer by virtue of section 11(2) (works produced in
course of employment),159
(b) works in which Crown copyright or Tynwald copyright subsists,
and
(c) works in which copyright originally vested in an international
organisation by virtue of section 161.
(2) The right conferred by section 80 (right to object to derogatory treatment
of work) does not apply to anything done in relation to such a work by
or with the authority of the copyright owner unless the author or
director —
(a) is identified at the time of the relevant act, or
(b) has previously been identified in or on published copies of the
work;
Copyright Act 1991 Section 83
c AT 8 of 1991 Page 75
and where in such a case the right does apply, it is not infringed if there
is a sufficient disclaimer.
83 Infringement of right by possessing or dealing with infringing article
[P1988/48/83]
(1) The right conferred by section 80 (right to object to derogatory treatment
of work) is also infringed by a person who —
(a) possesses in the course of a business, or
(b) sells or lets for hire, or offers or exposes for sale or hire, or
(c) in the course of a business exhibits in public or distributes, or
(d) distributes otherwise than in the course of a business so as to
affect prejudicially the honour or reputation of the author or
director,
an article which is, and which he knows or has reason to believe is, an
infringing article.
(2) An “infringing article” means a work or a copy of a work which —
(a) has been subjected to derogatory treatment within the meaning of
section 80, and
(b) has been or is likely to be the subject of any of the acts mentioned
in that section in circumstances infringing that right.
False attribution of work
84 False attribution of work
[P1988/48/84]
(1) A person has the right in the circumstances mentioned in this section —
(a) not to have a literary, dramatic, musical or artistic work falsely
attributed to him as author, and
(b) not to have a film falsely attributed to him as director;
and in this section an “attribution”, in relation to such a work, means a
statement (express or implied) as to who is the author or director.
(2) The right is infringed by a person who —
(a) issues to the public copies of a work of any of those descriptions
in or on which there is a false attribution, or
(b) exhibits in public an artistic work, or a copy of an artistic work, in
or on which there is a false attribution.
(3) The right is also infringed by a person who —
(a) in the case of a literary, dramatic or musical work, performs the
work in public or communicates it to the public as being the work
of a person, or160
Section 85 Copyright Act 1991
Page 76 AT 8 of 1991 c
(b) in the case of a film, shows it in public or communicates it to the
public as being directed by a person,161
knowing or having reason to believe that the attribution is false.
(4) The right is also infringed by the issue to the public or public display of
material containing a false attribution in connection with any of the acts
mentioned in subsection (2) or (3).
(5) The right is also infringed by a person who in the course of a business —
(a) possesses or deals with a copy of a work of any of the descriptions
mentioned in subsection (1) in or on which there is a false
attribution, or
(b) in the case of an artistic work, possesses or deals with the work
itself when there is a false attribution in or on it,
knowing or having reason to believe that there is such an attribution and
that it is false.
(6) In the case of an artistic work the right is also infringed by a person who
in the course of a business —
(a) deals with a work which has been altered after the author parted
with possession of it as being the unaltered work of the author, or
(b) deals with a copy of such a work as being a copy of the unaltered
work of the author,
knowing or having reason to believe that that is not the case.
(7) References in this section to dealing are to selling or letting for hire,
offering or exposing for sale or hire, exhibiting in public, or distributing.
(8) This section applies where, contrary to the fact —
(a) a literary, dramatic or musical work is falsely represented as being
an adaptation of the work of a person, or
(b) a copy of an artistic work is falsely represented as being a copy
made by the author of the artistic work,
as it applies where the work is falsely attributed to a person as author.
Right to privacy of certain photographs and films
85 Right to privacy of certain photographs and films
[P1988/48/85]
(1) A person who for private and domestic purposes commissions the taking
of a photograph or the making of a film has, where copyright subsists in
the resulting work, the right not to have —
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
Copyright Act 1991 Section 86
c AT 8 of 1991 Page 77
(c) the work communicated to the public;162
and, except as mentioned in subsection (2), a person who does or
authorises the doing of any of those acts infringes that right.
(2) The right is not infringed by an act which by virtue of any of the
following provisions would not infringe copyright in the work —
(a) section 31 (incidental inclusion of work in an artistic work, film or
broadcast);163
(b) section 45 (Tynwald and judicial proceedings);
(c) section 46 (commissions and statutory inquiries);
(d) section 50 (acts done under statutory authority);
(e) section 57 or 66A (acts permitted on assumptions as to expiry of
copyright etc.).164
Supplementary
86 Duration of rights
[P1988/48/86]
(1) The rights conferred by section 77 (right to be identified as author or
director), section 80 (right to object to derogatory treatment of work) and
section 85 (right to privacy of certain photographs and films) continue to
subsist so long as copyright subsists in the work.
(2) The right conferred by section 84 (false attribution) continues to subsist
until 20 years after a person’s death.
87 Consent and waiver of rights
[P1988/48/87]
(1) It is not an infringement of any of the rights conferred by this Part to do
any act to which the person entitled to the right has consented.
(2) Any of those rights may be waived by instrument in writing signed by
the person giving up the right.
(3) A waiver —
(a) may relate to a specific work, to works of a specified description
or to works generally, and may relate to existing or future works,
and
(b) may be conditional or unconditional and may be expressed to be
subject to revocation;
and if made in favour of the owner or prospective owner of the copyright
in the work or works to which it relates, it shall be presumed to extend to
his licensees and successors in title unless a contrary intention is
expressed.
Section 88 Copyright Act 1991
Page 78 AT 8 of 1991 c
(4) Nothing in this Part shall be construed as excluding the operation of the
general law of contract or estoppel in relation to an informal waiver or
other transaction in relation to any of the rights mentioned in
subsection (1).
88 Application of provisions to joint works
[P1988/48/88]
(1) The right conferred by section 77 (right to be identified as author or
director) is, in the case of a work of joint authorship, a right of each joint
author to be identified as a joint author and must be asserted in
accordance with section 78 by each joint author in relation to himself.
(2) The right conferred by section 80 (right to object to derogatory treatment
of work) is, in the case of a work of joint authorship, a right of each joint
author and his right is satisfied if he consents to the treatment in
question.
(3) A waiver under section 87 of those rights by one joint author does not
affect the rights of the other joint authors.
(4) The right conferred by section 84 (false attribution) is infringed, in the
circumstances mentioned in that section —
(a) by any false statement as to the authorship of a work of joint
authorship, and
(b) by the false attribution of joint authorship in relation to a work of
sole authorship;
and such a false attribution infringes the right of every person to whom
authorship of any description is, whether rightly or wrongly, attributed.
(5) The above provisions also apply (with any necessary adaptations) in
relation to a film which was, or is alleged to have been, jointly directed,
as they apply to a work which is, or is alleged to be, a work of joint
authorship.
A film is “jointly directed” if it is made by the collaboration of two or
more directors and the contribution of each director is not distinct from
that of the other director or directors.
(6) The right conferred by section 85 (right to privacy of certain photographs
and films) is, in the case of a work made in pursuance of a joint
commission, a right of each person who commissioned the making of the
work, so that —
(a) the right of each is satisfied if he consents to the act in question,
and
(b) a waiver under section 87 by one of them does not affect the rights
of the others.
Copyright Act 1991 Section 89
c AT 8 of 1991 Page 79
89 Application of provisions to parts of works
[P1988/48/89]
(1) The rights conferred by section 77 (right to be identified as author or
director) and section 85 (right to privacy of certain photographs and
films) apply in relation to the whole or any substantial part of a work.
(2) The rights conferred by section 80 (right to object to derogatory
treatment of work) and section 84 (false attribution) apply in relation to
the whole or any part of a work.
PART V – DEALINGS WITH RIGHTS IN COPYRIGHT WORKS
Copyright
90 Assignment and licences
[P1988/48/90]
(1) Copyright is transmissible by assignment, by testamentary disposition or
by operation of law, as personal or moveable property.
(2) An assignment or other transmission of copyright may be partial, that is,
so as to apply —
(a) to one or more, but not all, of the things the copyright owner has
the exclusive right to do;
(b) to part, but not the whole, of the period for which the copyright is
to subsist.
(3) An assignment of copyright is not effective unless it is in writing signed
by or on behalf of the assignor.
(4) A licence granted by a copyright owner is binding on every successor in
title to his interest in the copyright, except —
(a) a purchaser in good faith for valuable consideration and without
notice (actual or constructive) of the licence, or
(b) a person deriving title from such a purchaser;
and references in this Act to doing anything with, or without, the licence
of the copyright owner shall be construed accordingly.
91 Prospective ownership of copyright
[P1988/48/91]
(1) Where by an agreement made in relation to future copyright, and signed
by or on behalf of the prospective owner of the copyright, the
prospective owner purports to assign the future copyright (wholly or
partially) to another person, then if, on the copyright coming into
existence, the assignee or another person claiming under him would be
Section 92 Copyright Act 1991
Page 80 AT 8 of 1991 c
entitled as against all other persons to require the copyright to be vested
in him, the copyright shall vest in the assignee or his successor in title by
virtue of this subsection.
(2) In this Act —
“future copyright
” means copyright which will or may come into existence in
respect of a future work or class of works or on the occurrence of a future
event; and
“prospective owner
” shall be construed accordingly, and includes a person who
is prospectively entitled to copyright by virtue of such an agreement as is
mentioned in subsection (1).
(3) A licence granted by a prospective owner of copyright is binding on
every successor in title to his interest (or prospective interest) in the right,
except —
(a) a purchaser in good faith for valuable consideration and without
notice (actual or constructive) of the licence, or
(b) a person deriving title from such a purchaser;
and references in this Act to doing anything with, or without, the licence
of the copyright owner shall be construed accordingly.
92 Exclusive licences
[P1988/48/92]
(1) In this Act an “exclusive licence
” means a licence in writing signed by or
on behalf of the copyright owner authorising the licensee to the exclusion
of all other persons, including the person granting the licence, to exercise
a right which would otherwise be exercisable exclusively by the
copyright owner.
(2) The licensee under an exclusive licence has the same rights against a
successor in title who is bound by the licence as he has against the person
granting the licence.
93 Copyright to pass under will with unpublished work
[P1988/48/93]
Where under a bequest (whether specific or general) a person is entitled,
beneficially or otherwise, to —
(a) an original document or other material thing recording or
embodying a literary, dramatic, musical or artistic work which
was not published before the death of the testator, or
(b) an original material thing containing a sound recording or film
which was not published before the death of the testator,
the bequest shall, unless a contrary intention is indicated in the testator’s
will or a codicil to it, be construed as including the copyright in the work
Copyright Act 1991 Section 93
c AT 8 of 1991 Page 81
in so far as the testator was the owner of the copyright immediately
before his death.
93A Presumption of transfer of rental right in case of film production
agreement
(1) Where an agreement concerning film production is concluded between
an author and a film producer, the author shall be presumed, unless the
agreement provides to the contrary, to have transferred to the film
producer any rental right in relation to the film arising by virtue of the
inclusion of a copy of the author’s work in the film.
(2) In this section “author” means an author, or prospective author, of a
literary, dramatic, musical or artistic work.
(3) Subsection (1) does not apply to any rental right in relation to the film
arising by virtue of the inclusion in the film of the screenplay, the
dialogue or music specifically created for and used in the film.
(4) Where this section applies, the absence of signature by or on behalf of the
author does not exclude the operation of section 91(1) (effect of
purported assignment of future copyright).
(5) The reference in subsection (1) to an agreement concluded between an
author and a film producer includes any agreement having effect
between those persons, whether made by them directly or through
intermediaries.
(6) Section 93B (right to equitable remuneration on transfer of rental right)
applies where there is a presumed transfer by virtue of this section as in
the case of an actual transfer.165
93B Right to equitable remuneration where rental right transferred
(1) Where an author to whom this section applies has transferred his rental
right concerning a sound recording or a film to the producer of the sound
recording or film, he retains the right to equitable remuneration for the
rental.
The authors to whom this section applies are —
(a) the author of a literary, dramatic, musical or artistic work, and
(b) the principal director of a film.
(2) The right to equitable remuneration under this section may not be
assigned by the author except to a collecting society for the purpose of
enabling it to enforce the right on his behalf.
The right is, however, transmissible by testamentary disposition or by
operation of law as personal or moveable property; and it may be
assigned or further transmitted by any person into whose hands it
passes.
Section 93 Copyright Act 1991
Page 82 AT 8 of 1991 c
(3) Equitable remuneration under this section is payable by the person for
the time being entitled to the rental right, that is, the person to whom the
right was transferred or any successor in title of his.
(4) The amount payable by way of equitable remuneration is as agreed by or
on behalf of the persons by and to whom it is payable, subject to section
93C (reference of amount to Tribunal).
(5) An agreement is of no effect in so far as it purports to exclude or restrict
the right to equitable remuneration under this section.
(6) References in this section to the transfer of rental right by one person to
another include any arrangement having that effect, whether made by
them directly or through intermediaries.
(7) In this section a “collecting society” means a society or other organisation
which has as its main object, or one of its main objects, the exercise of the
right to equitable remuneration under this section on behalf of more than
one author.166
93C Equitable remuneration: reference of amount to Tribunal
(1) In default of agreement as to the amount payable by way of equitable
remuneration under section 93B, the person by or to whom it is payable
may apply to the Tribunal to determine the amount payable.
(2) A person to or by whom equitable remuneration is payable under that
section may also apply to the Tribunal —
(a) to vary any agreement as to the amount payable, or
(b) to vary any previous determination of the Tribunal as to that
matter; but except with the special leave of the Tribunal no such
application may be made within 12 months from the date of a
previous determination.
An order made on an application under this subsection has effect from
the date on which it is made or such later date as may be specified by the
Tribunal.
(3) On an application under this section the Tribunal shall consider the
matter and make such order as to the method of calculating and paying
equitable remuneration as it may determine to be reasonable in the
circumstances, taking into account the importance of the contribution of
the author to the film or sound recording.
(4) Remuneration shall not be considered inequitable merely because it was
paid by way of a single payment or at the time of the transfer of the
rental right.
(5) An agreement is of no effect in so far as it purports to prevent a person
questioning the amount of equitable remuneration or to restrict the
powers of the Tribunal under this section.167
Copyright Act 1991 Section 94
c AT 8 of 1991 Page 83
Moral rights
94 Moral rights not assignable
[P1988/48/94]
The rights conferred by Part IV (moral rights) are not assignable.
95 Transmission of moral rights on death
[P1988/48/95]
(1) On the death of a person entitled to the right conferred by section 77
(right to identification of author or director), section 80 (right to object to
derogatory treatment of work) or section 85 (right to privacy of certain
photographs and films) —
(a) the right passes to such person as he may by testamentary
disposition specifically direct,
(b) if there is no such direction but the copyright in the work in
question forms part of his estate, the right passes to the person to
whom the copyright passes, and
(c) if or to the extent that the right does not pass under paragraph (a)
or (b) it is exercisable by his personal representatives.
(2) Where copyright forming part of a person’s estate passes in part to one
person and in part to another, as for example where a bequest is limited
so as to apply —
(a) to one or more, but not all, of the things the copyright owner has
the exclusive right to do or authorise, or
(b) to part, but not the whole, of the period for which the copyright is
to subsist,
any right which passes with the copyright by virtue of subsection (1) is
correspondingly divided.
(3) Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by
more than one person —
(a) it may, in the case of the right conferred by section 77 (right to
identification of author or director), be asserted by any of them;
(b) it is, in the case of the right conferred by section 80 (right to object
to derogatory treatment of work) or section 85 (right to privacy of
certain photographs and films), a right exercisable by each of
them and is satisfied in relation to any of them if he consents to
the treatment or act in question; and
(c) any waiver of the right in accordance with section 87 by one of
them does not affect the rights of the others.
(4) A consent or waiver previously given or made binds any person to
whom a right passes by virtue of subsection (1).
Section 96 Copyright Act 1991
Page 84 AT 8 of 1991 c
(5) Any infringement after a person’s death of the right conferred by
section 84 (false attribution) is actionable by his personal representatives.
(6) Any damages recovered by personal representatives by virtue of this
section in respect of an infringement after a person’s death shall devolve
as part of his estate as if the right of action had subsisted and been vested
in him immediately before his death.
PART VI – REMEDIES FOR INFRINGEMENT
Rights and remedies of copyright owner
96 Infringement actionable by copyright owner
[P1988/48/96]
(1) An infringement of copyright is actionable by the copyright owner.
(2) In an action for infringement of copyright all such relief by way of
damages, injunctions, accounts or otherwise is available to the plaintiff as
is available in respect of the infringement of any other property right.
(3) This section has effect subject to the following provisions of this Part.
97 Damages in infringement action
[P1988/48/97]
(1) Where in an action for infringement of copyright it is shown that at the
time of the infringement the defendant did not know, and had no reason
to believe, that copyright subsisted in the work to which the action
relates, the plaintiff is not entitled to damages against him, but without
prejudice to any other remedy.
(1A) Where in an action for infringement of copyright it is shown that the
defendant knew, or had reason to believe, that he was committing an
infringement, the damages awarded to the claimant shall be appropriate
to the actual prejudice he suffered as a result of the infringement.168
(1B) The High Court —
(a) in awarding such damages shall take into account all appropriate
aspects, including in particular —
(i) the negative economic consequences, including any lost
profits, which the claimant has suffered;
(ii) any unfair profits made by the defendant; and
(iii) elements other than economic factors, including the moral
prejudice caused to the claimant by the infringement; or
Copyright Act 1991 Section 98
c AT 8 of 1991 Page 85
(b) may where appropriate award such damages on the basis of the
royalties or fees which would have been due had the defendant
obtained a licence.169
(2) Subject to subsections (1A) and (1B), the High Court may in an action for
infringement of copyright having regard to all the circumstances, and in
particular to —
(a) the flagrancy of the infringement, and
(b) any benefit accruing to the defendant by reason of the
infringement,
award such additional damages as the justice of the case may require.170
98 Order for delivery up
[P1988/48/99]
(1) Where a person —
(a) has an infringing copy of a work in his possession, custody or
control in the course of a business, or
(b) has in his possession, custody or control an article specifically
designed or adapted for making copies of a particular copyright
work, knowing or having reason to believe that it has been or is to
be used to make infringing copies,
the owner of the copyright in the work may apply to the High Court for
an order that the infringing copy or article be delivered up to him or to
such other person as the Court may direct.
(2) An application shall not be made after the end of the period specified in
section 112 (period after which remedy of delivery up not available); and
no order shall be made unless the High Court also makes, or it appears to
the Court that there are grounds for making, an order under section 113
(disposal of infringing copy or other article).
(3) A person to whom an infringing copy or other article is delivered up in
pursuance of an order under this section shall, if an order under
section 113 is not made, retain it pending the making of an order, or the
decision not to make an order, under that section.
(4) Nothing in this section affects any other power of the High Court.
99 Right to seize infringing copies, etc
[P1988/48/100]
(1) An infringing copy of a work which is found exposed or otherwise
immediately available for sale or hire, and in respect of which the
copyright owner would be entitled to apply for an order under
section 98, may be seized and detained by him or a person authorised by
him.
Section 100 Copyright Act 1991
Page 86 AT 8 of 1991 c
The right to seize and detain is exercisable subject to the following
conditions and is subject to any decision of the High Court under
section 113.
(2) Before anything is seized under this section notice of the time and place
of the proposed seizure must be given to a local police station.
(3) A person may for the purpose of exercising the right conferred by this
section enter premises to which the public have access but may not seize
anything in the possession, custody or control of a person at a permanent
or regular place of business of his, and may not use any force.
(4) At the time when anything is seized under this section there shall be left
at the place where it was seized a notice in the prescribed form
containing the prescribed particulars as to the person by whom or on
whose authority the seizure is made and the grounds on which it is
made.
(5) In this section —
“premises” includes land, buildings, moveable structures, vehicles, vessels,
aircraft and hovercraft;
“prescribed” means prescribed by regulations made by the Department.
Rights and remedies of exclusive licensee
100 Rights and remedies of exclusive licensee
[P1988/48/101]
(1) An exclusive licensee has, except against the copyright owner, the same
rights and remedies in respect of matters occurring after the grant of the
licence as if the licence had been an assignment.
(2) His rights and remedies are concurrent with those of the copyright
owner; and references in the relevant provisions of this Act to the
copyright owner shall be construed accordingly.
(3) In an action brought by an exclusive licensee by virtue of this section a
defendant may avail himself of any defence which would have been
available to him if the action had been brought by the copyright owner.
100A Certain infringements actionable by non-exclusive licensee
(1) A non-exclusive licensee may bring an action for infringement of
copyright if —
(a) the infringing act was directly connected to a prior licensed act of
the licensee; and
(b) the licence —
(i) is in writing and is signed by or on behalf of the copyright
owner; and
Copyright Act 1991 Section 101
c AT 8 of 1991 Page 87
(ii) expressly grants the non-exclusive licensee a right of action
under this section.
(2) In an action brought under this section, the non-exclusive licensee shall
have the same rights and remedies available to him as the copyright
owner would have had if he had brought the action.
(3) The rights granted under this section are concurrent with those of the
copyright owner and references in the relevant provisions of this Act to
the copyright owner shall be construed accordingly.
(4) In an action brought by a non-exclusive licensee by virtue of this section
a defendant may avail himself of any defence which would have been
available to him if the action had been brought by the copyright owner.
(5) Section 101(1) to (4) shall apply to a non-exclusive licensee who has a
right of action by virtue of this section as it applies to an exclusive
licensee.
(6) In this section a “non-exclusive licensee” means the holder of a licence
authorising the licensee to exercise a right which remains exercisable by
the copyright owner.171
101 Exercise of concurrent rights
[P1988/48/102]
(1) Where an action for infringement of copyright brought by the copyright
owner or an exclusive licensee relates (wholly or partly) to an
infringement in respect of which they have concurrent rights of action,
the copyright owner or, as the case may be, the exclusive licensee may
not, without the leave of the High Court, proceed with the action unless
the other is either joined as a plaintiff or added as a defendant.
(2) A copyright owner or exclusive licensee who is added as a defendant in
pursuance of subsection (1) is not liable for any costs in the action unless
he takes part in the proceedings.
(3) The above provisions do not affect the granting of interlocutory relief on
an application by a copyright owner or exclusive licensee alone.
(4) Where an action for infringement of copyright is brought which relates
(wholly or partly) to an infringement in respect of which the copyright
owner and an exclusive licensee have or had concurrent rights of
action —
(a) the High Court shall in assessing damages take into account —
(i) the terms of the licence, and
(ii) any pecuniary remedy already awarded or available to
either of them in respect of the infringement;
Section 102 Copyright Act 1991
Page 88 AT 8 of 1991 c
(b) no account of profits shall be directed if an award of damages has
been made, or an account of profits has been directed, in favour of
the other of them in respect of the infringement; and
(c) the Court shall if an account of profits is directed apportion the
profits between them as the Court considers just, subject to any
agreement between them;
and these provisions apply whether or not the copyright owner and the
exclusive licensee are both parties to the action.
(5) The copyright owner shall notify any exclusive licensee having
concurrent rights before applying for an order under section 98 (order for
delivery up) or exercising the right conferred by section 99 (right of
seizure); and the High Court may on the application of the licensee make
such order under section 98 or, as the case may be, prohibiting or
permitting the exercise by the copyright owner of the right conferred by
section 99, as it thinks fit having regard to the terms of the licence.
Remedies for infringement of moral rights
102 Remedies for infringement of moral rights
[P1988/48/103]
(1) An infringement of a right conferred by Part IV (moral rights) is
actionable as a breach of statutory duty owed to the person entitled to
the right.
(2) In proceedings for infringement of the right conferred by section 80
(right to object to derogatory treatment of work) the High Court may, if it
thinks it is an adequate remedy in the circumstances, grant an injunction
on terms prohibiting the doing of any act unless a disclaimer is made, in
such terms and in such manner as may be approved by the Court,
dissociating the author or director from the treatment of the work.
(3) Subsections (1A) and (1B) of section 97 apply to a breach of statutory
duty under this section as they apply to an infringement of copyright.172
Presumptions
103 Presumptions relevant to literary, dramatic, musical and artistic works
[P1988/48/104]
(1) The following presumptions apply in proceedings brought by virtue of
this Part with respect to a literary, dramatic, musical or artistic work.
(2) Where a name purporting to be that of the author appeared on copies of
the work as published or on the work when it was made, the person
whose name appeared shall be presumed, until the contrary is proved —
(a) to be the author of the work;
Copyright Act 1991 Section 104
c AT 8 of 1991 Page 89
(b) to have made it in circumstances not falling within section 11(2),
156, 158 or 161 (works produced in course of employment, Crown
copyright, Tynwald copyright or copyright of international
organisations).
(3) In the case of a work alleged to be a work of joint authorship,
subsection (2) applies in relation to each person alleged to be one of the
authors.
(4) Where no name purporting to be that of the author appeared as
mentioned in subsection (2) but —
(a) the work qualifies for copyright protection by virtue of section 150
(qualification by reference to country of first publication), and
(b) a name purporting to be that of the publisher appeared on copies
of the work as first published,
the person whose name appeared shall be presumed, until the contrary is
proved, to have been the owner of the copyright at the time of
publication.
(5) If the author of the work is dead or the identity of the author cannot be
ascertained by reasonable inquiry, it shall be presumed, in the absence of
evidence to the contrary —
(a) that the work is an original work, and
(b) that the plaintiff’s allegations as to what was the first publication
of the work and as to the country of first publication are correct.
104 Presumptions relevant to sound recordings and films
[P1988/48/105]
(1) In proceedings brought by virtue of this Part with respect to a sound
recording, where copies of the recording as issued to the public bear a
label or other mark stating —
(a) that a named person was the owner of copyright in the recording
at the date of issue of the copies, or
(b) that the recording was first published in a specified year or in a
specified country,
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.
(2) In proceedings brought by virtue of this Part with respect to a film,
where copies of the film as issued to the public bear a statement —
(a) that a named person was the director or producer of the film,173
(b) that a named person was the owner of copyright in the film at the
date of issue of the copies, or
(c) that the film was first published in a specified year or in a
specified country,
Section 105 Copyright Act 1991
Page 90 AT 8 of 1991 c
the statement shall be admissible as evidence of the facts stated and shall
be presumed to be correct until the contrary is proved.
(3) In proceedings brought by virtue of this Part with respect to a computer
program, where copies of the program are issued to the public in
electronic form bearing a statement —
(a) that a named person was the owner of copyright in the program
at the date of issue of the copies, or
(b) that the program was first published in a specified country or that
copies of it were first issued to the public in electronic form in a
specified year,
the statement shall be admissible as evidence of the facts stated and shall
be presumed to be correct until the contrary is proved.
(4) The above presumptions apply equally in proceedings relating to an
infringement alleged to have occurred before the date on which the
copies were issued to the public.
(5) In proceedings brought by virtue of this Part with respect to a film,
where the film as shown in public or communicated to the public bears a
statement —
(a) that a named person was the director or producer of the film, or174
(aa) that a named person was the principal director of the film, the
author of the screenplay, the author of the dialogue or the
composer of music specifically created for and used in the film,
or175
(b) that a named person was the owner of copyright in the film
immediately after it was made,
the statement shall be admissible as evidence of the facts stated and shall
be presumed to be correct until the contrary is proved.
This presumption applies equally in proceedings relating to an
infringement alleged to have occurred before the date on which the film
was shown in public or communicated to the public.176
(6) For the purposes of this section, a statement that a person was the
director of a film shall be taken, unless a contrary indication appears, as
meaning that he was the principal director of the film.177
105 Presumptions relevant to works subject to Crown copyright
[P1988/48/106]
In proceedings brought by virtue of this Part with respect to a literary, dramatic
or musical work in which Crown copyright subsists where there appears on
printed copies of the work a statement of the year in which the work was first
published commercially, that statement shall be admissible as evidence of the
Copyright Act 1991 Section 106
c AT 8 of 1991 Page 91
fact stated and shall be presumed to be correct in the absence of evidence to the
contrary.
Offences
106 Criminal liability for making or dealing with infringing articles, etc
[P1988/48/107]
(1) A person commits an offence who, without the licence of the copyright
owner —
(a) makes for sale or hire, or
(b) imports into the Island otherwise than for his private and
domestic use, or
(c) possesses in the course of a business with a view to committing
any act infringing the copyright, or
(d) in the course of a business —
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of a business to such an
extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an
infringing copy of a copyright work.
(2) A person commits an offence who —
(a) makes an article specifically designed or adapted for making
copies of a particular copyright work, or
(b) has such an article in his possession,
knowing or having reason to believe that it is to be used to make
infringing copies for sale or hire or for use in the course of a business.
(2A) A person who infringes copyright in a work by communicating the work
to the public —
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to
affect prejudicially the owner of the copyright,
commits an offence if he knows or has reason to believe that, by doing
so, he is infringing copyright in that work.178
(3) Where copyright is infringed (otherwise than by reception of a
communication to the public) —
Section 106 Copyright Act 1991
Page 92 AT 8 of 1991 c
(a) by the public performance of a literary, dramatic or musical work,
or
(b) by the playing or showing in public of a sound recording or film,
any person who caused the work to be so performed, played or shown is
guilty of an offence if he knew or had reason to believe that copyright
would be infringed.179
(4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is
liable —
(a) on summary conviction to imprisonment for a term not exceeding
6 months or a fine not exceeding £50,000, or both;180
(b) on conviction on information to imprisonment for a term not
exceeding 10 years or a fine, or both.181
(4A) A person guilty of an offence under subsection (2A) is liable —
(a) on summary conviction to custody for a term not exceeding 3
months or a fine not exceeding £50,000, or both;182
(b) on conviction on information to custody for a term not exceeding
2 years or a fine, or both.183
(5) A person guilty of any other offence under this section is liable on
summary conviction to imprisonment for a term not exceeding 3 months
or a fine not exceeding £5,000, or both.184
(6) Sections 103 to 105 (presumptions as to various matters connected with
copyright) do not apply to proceedings for an offence under this section;
but without prejudice to their application in proceedings for an order
under section 107.
106A Enforcement of s 106
[P1988/48/107A; P1994/33/165]
(1) It is the duty of the Isle of Man Office of Fair Trading to enforce the
provisions of section 106.185
(2) The following provisions of the Consumer Protection (Trade Descriptions)
Act 1970 apply in relation to the enforcement of that section by the Isle of
Man Office of Fair Trading as in relation to the enforcement of that
Act —
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and
documents),
section 29 (obstruction of inspectors); and
section 33 (compensation for loss etc. of goods seized).186
(3) Any enactment which authorises the disclosure of information for the
purpose of facilitating the enforcement of the said Act of 1970 shall apply
Copyright Act 1991 Section 107
c AT 8 of 1991 Page 93
as if section 106 were contained in that Act, and as if the functions of any
person in relation to the enforcement of that section were functions
under that Act.187
107 Order for delivery up in criminal proceedings
[P1988/48/108]
(1) The court before which proceedings are brought against a person for an
offence under section 106 may, if satisfied that at the time of his arrest or
charge —
(a) he had in his possession, custody or control in the course of a
business an infringing copy of a copyright work, or
(b) he had in his possession, custody or control an article specifically
designed or adapted for making copies of a particular copyright
work, knowing or having reason to believe that it had been or was
to be used to make infringing copies,
order that the infringing copy or article be delivered up to the copyright
owner or to such other person as the court may direct.
(2) For this purpose a person shall be treated as charged with an offence
when he is orally charged or is served with a summons or information.
(3) An order may be made by the court of its own motion or on the
application of the prosecutor, and may be made whether or not the
person is convicted of the offence, but shall not be made —
(a) after the end of the period specified in section 112 (period after
which remedy of delivery up not available), or
(b) if it appears to the court unlikely that any order will be made
under section 113 (order as to disposal of infringing copy or other
article).
(4) An appeal lies to the High Court from an order made under this section
by a court of summary jurisdiction.
(5) A person to whom an infringing copy or other article is delivered up in
pursuance of an order under this section shall retain it pending the
making of an order, or the decision not to make an order, under
section 113.
(6) Nothing in this section affects the power of the court under section 16 of
the Criminal Law Act 1981 (power to deprive offender of property used
for purposes of crime).
108 Search warrants
[P1988/48/109]
(1) Where a justice of the peace is satisfied by information on oath given by a
constable that there are reasonable grounds for believing —
Section 109 Copyright Act 1991
Page 94 AT 8 of 1991 c
(a) that an offence under section 106(1), (2) or (2A) has been or is
about to be committed in any premises, and188
(b) that evidence that such an offence has been or is about to be
committed is in those premises,
he may issue a warrant authorising a constable to enter and search the
premises, using such reasonable force as is necessary.
(2) A warrant under this section —
(a) may authorise persons to accompany any constable executing the
warrant, and
(b) remains in force for 28 days from the date of its issue.
(3) In executing a warrant issued under this section a constable may seize an
article if he reasonably believes that it is evidence that any offence under
section 106(l), (2) or (2A) has been or is about to be committed.189
(4) In this section “premises” includes land, buildings, fixed or moveable
structures, vehicles, vessels, aircraft and hovercraft.190
109 Offence by body corporate: liability of officers
[P1988/48/110]
(1) Where an offence under section 106 committed by a body corporate is
proved to have been committed with the consent or connivance of a
director, manager, secretary or other similar officer of the body, or a
person purporting to act in any such capacity, he as well as the body
corporate is guilty of the offence and liable to be proceeded against and
punished accordingly.
(2) In relation to a body corporate whose affairs are managed by its
members “director” means a member of the body corporate.
Importation of infringing copies
110 Infringing copies may be treated as prohibited goods
[P1988/48/111]
(1) The owner of the copyright in a work may give notice in writing to the
Treasury —
(a) that he is the owner of the copyright in the work, and
(b) that he requests the Treasury, for a period specified in the notice,
to treat as prohibited goods copies of the work which are
infringing copies.191
(2) The period specified in a notice under subsection (1) shall not exceed 5
years and shall not extend beyond the period for which copyright is to
subsist.
Copyright Act 1991 Section 111
c AT 8 of 1991 Page 95
(3) The Treasury may treat as prohibited goods only infringing copies of
work which arrive in the Island —
(a) from outside the European Economic Area, or
(b) from within that Area but not having been entered for free
circulation.192
(4) Subject to subsection (3), when a notice is in force under this section the
importation of goods to which the notice relates, otherwise than by a
person for his private and domestic use, is prohibited; but a person is not
by reason of the prohibition liable to any penalty other than forfeiture of
the goods.193
(5) Section 182 of the Customs and Excise Management Act 1986 (importation
does not include removal from the United Kingdom) applies for the
purpose of this section as it applies for the purposes of the customs and
excise Acts.
(6) This section does not apply to goods —
(a) suspected of infringing an intellectual property right and which
are or should have been subject to customs supervision or control;
(b) which are within the scope of Article 1(1) of Regulation (EU) No
608/2013, as applied as part of the law of the Island by the
European Union (Customs Enforcement of Intellectual Property
Rights) Order 20151; and
(c) in respect of which an application may be submitted under
Section 1 of Chapter II of Regulation (EU) No 608/2013.
Here “Regulation (EU) No 608/2013” means Regulation (EU) No
608/2013 of the European Parliament and of the Council of 12 June 2013
concerning customs enforcement of intellectual property rights and
repealing Council Regulation (EC) No 1383/20032.194
111 Power of Treasury to make regulations
[P1988/48/112]
(1) The Treasury may make regulations prescribing the form in which notice
is to be given under section 110 and requiring a person giving notice —
(a) to furnish the Treasury with such evidence as may be specified in
the regulations, either on giving notice or when the goods are
imported, or at both those times, and
(b) to comply with such other conditions as may be specified in the
regulations.
(2) The regulations may, in particular, require a person giving such a
notice —
1 SD 2015/0065 2 OJ L 181, 29.6.2013, p.15
Section 112 Copyright Act 1991
Page 96 AT 8 of 1991 c
(a) to pay such fees in respect of the notice as may be specified by the
regulations;
(b) to give such security as may be so specified in respect of any
liability or expense which the Treasury may incur in consequence
of the notice by reason of the detention of any article or anything
done to an article detained;
(c) to indemnify the Treasury against any such liability or expense,
whether security has been given or not.
Supplementary
112 Period after which remedy of delivery up not available
[P1988/48/113]
(1) An application for an order under section 98 (order for delivery up in
civil proceedings) may not be made after the end of the period of 6 years
from the date on which the infringing copy or article in question was
made, subject to the following provisions.
(2) If during the whole or any part of that period the copyright owner —
(a) is under a disability, or
(b) is prevented by fraud or concealment from discovering the facts
entitling him to apply for an order,
an application may be made at any time before the end of the period of 6
years from the date on which he ceased to be under a disability or, as the
case may be, could with reasonable diligence have discovered those facts.
(3) In subsection (2) “disability” has the same meaning as in the Limitation
Act 1984.
(4) An order under section 107 (order for delivery up in criminal
proceedings) shall not in any case be made after the end of the period of
6 years from the date on which the infringing copy or article in question
was made.
113 Order as to disposal of infringing copy or other article
[P1988/48/114]
(1) An application may be made to the High Court for an order that an
infringing copy or other article delivered up in pursuance of an order
under section 98 or 107, or seized and detained in pursuance of the right
conferred by section 99, shall be —
(a) forfeited to the copyright owner, or
(b) destroyed or otherwise dealt with as the Court may think fit,
or for a decision that no such order should be made.
Copyright Act 1991 Section 113
c AT 8 of 1991 Page 97
(2) In considering what order (if any) should be made, the Court shall
consider whether other remedies available in an action for infringement
of copyright would be adequate to compensate the copyright owner and
to protect his interests.
(3) Provision shall be made by rules of court as to the service of notice on
persons having an interest in the copy or other article, and any such
person is entitled —
(a) to appear in proceedings for an order under this section, whether
or not he was served with notice, and
(b) to appeal against any order made, whether or not he appeared;
and an order shall not take effect until the end of the period within
which notice of an appeal may be given or, if before the end of that
period notice of appeal is duly given, until the final determination or
abandonment of the proceedings on the appeal.
(4) Where there is more than one person interested in a copy or other article,
the Court shall make such order as it thinks just and may (in particular)
direct that the article be sold, or otherwise dealt with, and the proceeds
divided.
(5) If the Court decides that no order should be made under this section, the
person in whose possession, custody or control the copy or other article
was before being delivered up or seized is entitled to its return.
(6) References in this section to a person having an interest in a copy or
other article include any person in whose favour an order could be made
in respect of it under this section or under section 19 of the Design Right
Act 1991 section 26 of the Performers’ Protection Act 1996 or section 19 of
the Trade Marks Act 1994 (an Act of Parliament) (which make similar
provision in relation to infringement of rights in designs, rights in
performances and trade marks).195
113A Forfeiture of infringing copies, etc.
(1) Where there have come into the possession of any person in connection
with the investigation or prosecution of a relevant offence —
(a) infringing copies of a copyright work; or
(b) articles specifically designed or adapted for making copies of a
particular copyright work,
that person may apply under this section for an order for the forfeiture of
the infringing copies or articles.
(2) For the purposes of this section “relevant offence
” means —
(a) an offence under section 106(1), (2) or (2A) (criminal liability for
making or dealing with infringing articles, etc.);
Section 113 Copyright Act 1991
Page 98 AT 8 of 1991 c
(b) an offence under the Consumer Protection (Trade Descriptions) Act
1970; or
(c) an offence involving dishonesty or deception.
(3) An application under this section may be made —
(a) where proceedings have been brought in any court for a relevant
offence relating to some or all of the infringing copies or articles,
to that court; or
(b) where no application for the forfeiture of the infringing copies or
articles has been made under paragraph (a), by way of complaint
to a court of summary jurisdiction.
(4) On an application under this section, the court shall make an order for
the forfeiture of any infringing copies or articles only if it is satisfied that
a relevant offence has been committed in relation to the infringing copies
or articles.
(5) A court may infer for the purposes of this section that such an offence
has been committed in relation to any infringing copies or articles if it is
satisfied that such an offence has been committed in relation to
infringing copies or articles which are representative of the infringing
copies or articles in question (whether by reason of being of the same
design or part of the same consignment or batch or otherwise).
(6) Any person aggrieved by an order made under this section by a court of
summary jurisdiction, or by a decision of such a court not to make such
an order, may appeal against that order or decision to the High Court.
(7) An order under this section may contain such provision as appears to the
court to be appropriate for delaying the coming into force of the order
pending the making and determination of any appeal (including any
application under section 109 of the Summary Jurisdiction Act 1989
(statement of case)).
(8) Subject to subsection (9), where any infringing copies or articles are
forfeited under this section they shall be destroyed in accordance with
such directions as the court may give.
(9) On making an order under this section the court may direct that the
infringing copies or articles to which the order relates shall (instead of
being destroyed) be forfeited to the owner of the copyright in question or
dealt with in such other way as the court considers appropriate.196
Copyright Act 1991 Section 114
c AT 8 of 1991 Page 99
PART VII – COPYRIGHT LICENSING
Licensing schemes and licensing bodies
114 Licensing schemes and licensing bodies
[P1988/48/116]
(1) In this Act 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 copyright
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 Part a “licensing body
” means a society or other organisation
which has as its main object, or one of its main objects, the negotiation or
granting, either as owner or prospective owner of copyright or as agent
for him of copyright licences, and whose objects include the granting of
licences covering works of more than one author.
(3) In this section “copyright licences” means licences to do, or authorise the
doing of, any of the acts restricted by copyright.
(4) References in this Part to licences or licensing schemes covering works of
more than one author do not include licences or schemes covering
only —
(a) a single collective work or collective works of which the authors
are the same; or
(b) works made by, or by employees of, or commissioned by, a single
individual, firm, company or group of companies.
For this purpose a “group of companies” means a holding company and
its subsidiaries, within the meaning of section 1 of the Companies Act
1974.
Orphan works licensing and extended collective licensing197
114A Power to provide for licensing of orphan works
(1) The Department may by regulations provide for the grant of licences in
respect of works that qualify as orphan works under the regulations.
(2) The regulations may —
Section 114 Copyright Act 1991
Page 100 AT 8 of 1991 c
(a) authorise a person or a description of persons specified, or
determined in accordance with, the regulations to grant licences;
or
(b) provide for a person designated, or determined in accordance
with, the regulations to specify a person or a description of
persons authorised to grant licences.
(3) The regulations must provide that, for a work to qualify as an orphan
work, it is a requirement that the owner of copyright in it has not been
found after a diligent search made in accordance with the regulations.
(4) The regulations may provide for the granting of licences to do, or
authorise the doing of, any act restricted by copyright that would
otherwise require the consent of the missing owner.
(5) The regulations must provide for any licence —
(a) to have effect as if granted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(6) The regulations may apply to a work although it is not known whether
copyright subsists in it, and references to a missing owner and a right or
interest of a missing owner are to be read as including references to a
supposed owner and a supposed right or interest.198
114B Extended collective licensing
(1) The Department may by regulations provide for a licensing body
specified in or determined in accordance with the regulations to be
authorised to grant copyright licences in respect of works in which
copyright is not owned by the body or a person on whose behalf the
body acts.
(2) An authorisation must specify —
(a) the types of work to which it applies; and
(b) the acts restricted by copyright that the licensing body is
authorised to license.
(3) The regulations must provide for the copyright owner to have a right to
limit or exclude the grant of licences by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive rights.
(5) In this section “copyright licences” has the same meaning as in section
114.
(6) Nothing in this section applies in relation to Crown copyright or
Tynwald copyright.199
Copyright Act 1991 Section 114
c AT 8 of 1991 Page 101
114C General provision about licensing under sections 114A and 114B
(1) This section and section 114D apply to regulations under sections 114A
and 114B.
(2) The regulations may provide for a body to be or remain authorised to
grant licences only if specified requirements are met, and for a question
whether they are met to be determined by a person, and in a manner,
specified in the regulations.
(3) The regulations may specify other matters to be taken into account in any
decision to be made under the regulations as to whether to authorise a
person to grant licences.
(4) The regulations must provide for the treatment of any royalties or other
sums paid in respect of a licence, including —
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or
otherwise).
(5) The regulations must provide for circumstances in which an
authorisation to grant licences may be withdrawn, and for determining
the rights and obligations of any person if an authorisation is withdrawn.
(6) The regulations may include other provision for the purposes of
authorisation and licensing, including in particular provision —
(a) for determining the rights and obligations of any person if a work
ceases to qualify as an orphan work (or ceases to qualify by
reference to any copyright owner), or if a rights owner exercises
the right referred to in section 114B(3), while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work for incidental purposes including an
application or search;
(d) for a right conferred by section 77 to be treated as having been
asserted in accordance with section 78;
(e) for the payment of fees to cover administrative expenses.200
114D Regulations under sections 114A and 114B
(1) The power to make regulations includes power —
(a) to make incidental, supplementary or consequential provision,
including provision extending or restricting the jurisdiction of the
Tribunal or conferring powers on it;
(b) to make transitional, transitory or saving provision;
(c) to make different provision for different purposes.
Section 115 Copyright Act 1991
Page 102 AT 8 of 1991 c
(2) Regulations under any provision may amend this Act, or any other
statutory provision made before that provision comes into operation, for
the purpose of making consequential provision or extending or
restricting the jurisdiction of the Tribunal or conferring powers on it.
(3) Regulations may make provision by reference to guidance issued from
time to time by any person.201
References and applications with respect to licensing schemes
115 Licensing schemes to which sections 116 to 121 apply
Sections 116 to 121 (references and applications with respect to licensing
schemes) apply to licensing schemes which are operated by licensing bodies and
cover works of more than one author, so far as they relate to licences for —
(a) copying the work,
(b) rental of copies of the work to the public,
(c) performing, showing or playing the work in public, or
(d) communicating the work to the public;
and references in those sections to a licensing scheme shall be construed
accordingly.202
116 Reference of proposed licensing scheme to tribunal
[P1988/48/118]
(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.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
117 Reference of licensing scheme to tribunal
[P1988/48/119]
(1) If while a licensing scheme, is in operation a dispute arises between the
operator of the scheme and —
Copyright Act 1991 Section 118
c AT 8 of 1991 Page 103
(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 section
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.
118 Further reference of scheme to tribunal
[P1988/48/120]
(1) Where the Tribunal has on a previous reference of a licensing scheme
under section 116 or 117, or under this section, 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 the description to which the reference relates, as the
Tribunal may determine to be reasonable in the circumstances.
Section 119 Copyright Act 1991
Page 104 AT 8 of 1991 c
(5) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
119 Application for grant of licence in connection with licensing scheme
[P1988/48/121]
(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 subsection (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.
120 Application for review of order as to entitlement to licence
[P1988/48/122]
(1) Where the Tribunal has made an order under section 119 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 —
Copyright Act 1991 Section 121
c AT 8 of 1991 Page 105
(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.
121 Effect of order of tribunal as to licensing scheme
[P1988/48/123]
(1) A licensing scheme which has been confirmed or varied by the
Tribunal —
(a) under section 116 (reference of terms of proposed scheme), or
(b) under section 117 or 118 (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 copyright as if he
had at all material times been the holder of a licence granted by the
owner of the copyright 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
Section 122 Copyright Act 1991
Page 106 AT 8 of 1991 c
(b) the reference in subsection (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.
No such direction may be made where subsection (4) applies.
(4) An order of the Tribunal under section 117 or 118 made with respect to a
scheme which is certified for any purpose under section 141 has effect, so
far as it varies the scheme by reducing the charges payable for licences,
from the date on which the reference was made to the Tribunal.
(5) Where the Tribunal has made an order under section 119 (order as to
entitlement to licence under licensing scheme) and the order remains in
force, then if the person in whose favour the order is made —
(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,
he shall be in the same position as regards infringement of copyright as if
he had at all material times been the holder of a licence granted by the
owner of the copyright in question on the terms specified in the order.
References and applications with respect to licensing by licensing bodies
122 Licences to which sections 123 to 126 apply
Sections 123 to 126 (references and applications with respect to licensing by
licensing bodies) apply to licences which are granted by a licensing body
otherwise than in pursuance of a licensing scheme and cover works of more
than one author, so far as they authorise —
(a) copying the work,
(b) rental of copies of the work to the public,
(c) performing, showing or playing the work in public, or
(d) communicating the work to the public;
and references in those sections to a licence shall be construed accordingly.203
123 Reference to tribunal of terms of proposed licence
[P1988/48/125]
(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
Copyright Act 1991 Section 124
c AT 8 of 1991 Page 107
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.
124 Reference to tribunal of terms of expiring licence
[P1988/48/126]
(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.
(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.
125 Application for review of order as to licence
[P1988/48/127]
(1) Where the Tribunal has made an order under section 123 or 124, 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 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 in the circumstances.
Section 126 Copyright Act 1991
Page 108 AT 8 of 1991 c
126 Effect of order of tribunal as to licence
[P1988/48/128]
(1) Where the Tribunal has made an order under section 123 or 124 and the
order remains in force, then if the person entitled to the benefit of the
order —
(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,
he shall be in the same position as regards infringement of copyright as if
he had at all material times been the holder of a licence granted by the
owner of the copyright 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 section 123, if assignment is not
prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under section 124, if assignment was not
prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under section 123 or 124, or an
order under section 125 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 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 subsection (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.
Factors to be taken into account in certain classes of case
127 General considerations: unreasonable discrimination
[P1988/48/129]
In determining what is reasonable on a reference or application under this Part
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,
Copyright Act 1991 Section 128
c AT 8 of 1991 Page 109
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.
128 Licences for reprographic copying
[P1988/48/130]
Where a reference or application is made to the Tribunal under this Part relating
to the licensing of reprographic copying of published literary, dramatic, musical
or artistic works, or the typographical arrangement of published editions, the
Tribunal shall have regard to —
(a) the extent to which published editions of the works in question
are otherwise available,
(b) the proportion of the work to be copied, and
(c) the nature of the use to which the copies are likely to be put.
129 Licences for educational establishments in respect of works included
in broadcasts
204
[P1988/48/131]
(1) This section applies to references or applications under this Part relating
to licences for the recording by or on behalf of educational
establishments of broadcasts which include copyright works, or the
making of copies of such recordings, for educational purposes.205
(2) The Tribunal shall, in considering what charges (if any) should be paid
for a licence, have regard to the extent to which the owners of copyright
in the works included in the broadcast have already received, or are
entitled to receive, payment in respect of their inclusion.206
130 Licences to reflect conditions imposed by promoters of events
[P1988/48/132]
(1) This section applies to references or applications under this Part in
respect of licences relating to sound recordings, films or broadcasts
which include, or are to include, any entertainment or other event.207
(2) The Tribunal shall have regard to any conditions imposed by the
promoters of the entertainment or other event; and, in particular, the
Tribunal shall not hold a refusal or failure to grant a licence to be
unreasonable if it could not have been granted consistently with those
conditions.
(3) Nothing in this section shall require the Tribunal to have regard to any
such conditions in so far as they —
Section 131 Copyright Act 1991
Page 110 AT 8 of 1991 c
(a) purport to regulate the charges to be imposed in respect of the
grant of licences, or
(b) relate to payments to be made to the promoters of any event in
consideration of the grant of facilities for making the recording,
film or broadcast.208
131 Licences to reflect payments in respect of underlying rights
[P1988/48/133]
(1) In considering what charges should be paid for a licence —
(a) on a reference or application under this Part relating to licences
for the rental to the public of copies of sound recordings, films or
computer programs, or
(b) on an application under section 140 (settlement of royalty or other
sum payable for deemed licence),
the Tribunal shall take into account any reasonable payments which the
owner of the copyright in the sound recording, film or computer
program is liable to make in consequence of the granting of the licence,
or of the acts authorised by the licence, to owners of copyright in works
included in that work.
(2) On any reference or application under this Part relating to licensing in
respect of the copyright in sound recordings, films or broadcasts, the
Tribunal shall take into account, in considering what charges should be
paid for a licence, any reasonable payments which the copyright owner
is liable to make in consequence of the granting of the licence, or of the
acts authorised by the licence, in respect of any performance included in
the recording, film or broadcast.209
132 Licences in respect of works included in re-transmissions
[P1988/48/134]
(1) This section applies to references or applications under this Part relating
to licences to include in a broadcast —
(a) literary, dramatic, musical or artistic works, or,
(b) sound recordings or films,
where one broadcast (“the first transmission”) is, by reception and
immediate re-transmission, to be further broadcast (“the further
transmission”).210
(2) So far as the further transmission is to the same area as the first
transmission, the Tribunal shall, in considering what charges (if any)
should be paid for licences for either transmission, have regard to the
extent to which the copyright owner has already received, or is entitled
to receive, payment for the other transmission which adequately
remunerates him in respect of transmissions to that area.
Copyright Act 1991 Section 133
c AT 8 of 1991 Page 111
(3) So far as the further transmission is to an area outside that to which the
first transmission was made, the Tribunal shall leave the further
transmission out of account in considering what charges (if any) should
be paid for licences for the first transmission.
133 Mention of specific matters not to exclude other relevant
considerations
[P1988/48/135]
The mention in sections 127 to 132 of specific matters to which the Tribunal is to
have regard in certain classes of case does not affect the Tribunal’s general
obligation in any case to have regard to all relevant considerations.
Use as of right of sound recordings in broadcasts211
133A Circumstances in which a right is available
[P1988/48/135A]
(1) Section 133C applies to the inclusion in a broadcast of any sound
recordings if —
(a) a licence to include those recordings in the broadcast could be
granted by a licensing body or such body could procure the grant
of a licence to do so; and
(b) the condition in subsection (2) or (3) applies; and
(c) the person including those recordings in the broadcast has
complied with section 133B.212
(2) Where the person including the recordings in the broadcast does not
hold a licence to do so, the condition is that the licensing body refuses to
grant, or procure the grant of, such a licence, being a licence —
(a) of which the terms as to payment for including the recordings in
the broadcast would be acceptable to him or be included pursuant
to an order of the Tribunal under section 133D relating to such a
licence or any scheme under which it would be granted; and
(b) allowing unlimited needletime or such needletime as he has
demanded.213
(3) Where he holds a licence to include the recordings in the broadcast, the
condition is that the terms of the licence limit needletime and the
licensing body refuses to substitute or procure the substitution of terms
allowing unlimited needletime or such needletime as he has demanded,
or refuses to do so on terms that fall within subsection (2)(a).214
(4) The references in subsection (2) to refusing to grant, or procure the grant
of a licence, and in subsection (3) to refusing to substitute terms as to
needletime or procure the substitution of such terms, include failing to
do so within a reasonable time of being asked.
Section 133 Copyright Act 1991
Page 112 AT 8 of 1991 c
(5) In this section and sections 133B to 133G —
“broadcast
” does not include any broadcast which is a transmission of the kind
specified in section 6(1A)(b) or (c);215
“needletime
” means the time in any period (whether determined as a number
of hours in the period or a proportion of the period, or otherwise) in
which any recordings may be included in a broadcast;216
“sound recording
” does not include a film sound track when accompanying a
film.
(6) In sections 133B to 133G 2 “terms of payment
” means terms as to
payment for including sound recordings in a broadcast.217
218
133B Notice of intention to exercise right
[P1988/48/135B]
(1) A person intending to avail himself of the right conferred by
section 133C must —
(a) give notice to the licensing body of his intention to exercise the
right, asking the body to propose terms of payment; and
(b) after receiving the proposal or the expiry of a reasonable period,
give reasonable notice to the licensing body of the date on which
he proposes to begin exercising the right and the terms of
payment in accordance with which he intends to do so.
(2) Where he has a licence to include the recordings in a broadcast, the date
specified in a notice under subsection (1)(b) must not be sooner than the
date of expiry of that licence except in a case falling within
section 133A(3).219
(3) Before the person intending to avail himself of the right begins to
exercise it, he must —
(a) give reasonable notice to the Tribunal of his intention to exercise
the right, and of the date on which he proposes to begin to do so,
and
(b) apply to the Tribunal under section 133D to settle the terms of
payment.220
133C Conditions of exercise of right
[P1988/48/135C]
(1) A person who, on or after the date specified in a notice under
section 133B(l)(b), includes in a broadcast any sound recordings to which
this section applies, and who —
(a) complies with any reasonable condition notice of which has been
given to him by the licensing body as to the inclusion in the
broadcast of those sound recordings,
Copyright Act 1991 Section 133
c AT 8 of 1991 Page 113
(b) provides that body with such information about their inclusion in
the broadcast as it may reasonably require, and
(c) makes the payments to the licensing body that are required by
this section,
shall be in the same position as regards infringement of copyright as if he
had at all material times been the holder of a licence granted by the
owner of the copyright in question.221
(2) Payments are to be made at not less than quarterly intervals in arrears.
(3) The amount of any payment is that determined in accordance with any
order of the Tribunal under section 133D or, if no such order has been
made —
(a) in accordance with any proposal for terms of payment made by
the licensing body pursuant to a request under section 133B, or
(b) where no proposal has been so made or the amount determined in
accordance with the proposal so made is unreasonably high, in
accordance with the terms of payment notified to the licensing
body under section 133B(l)(b).
(4) Where this section applies to the inclusion in a broadcast of any sound
recordings, it does so in place of any licence.222
223
133D Applications to settle payments
[P1988/48/135D]
(1) On an application to settle the terms of payment, the Tribunal shall
consider the matter and make such order as it may determine to be
reasonable in the circumstances.
(2) An order under subsection (1) has effect from the date the applicant
begins to exercise the right conferred by section 133C and any necessary
payments, or further payments, shall be made in respect of amounts that
have fallen due.224
133E References about conditions etc
[P1988/48/135E]
(1) A person exercising the right conferred by section 133C, or who has
given notice to the Tribunal of his intention to do so, may refer to the
Tribunal —
(a) any question whether any condition as to the inclusion in a
broadcast of sound recordings, notice of which has been given to
him by the licensing body in question, is a reasonable condition,
or225
(b) any question whether any information is information which the
licensing body can reasonably require him to provide.
Section 133 Copyright Act 1991
Page 114 AT 8 of 1991 c
(2) On a reference under this section, the Tribunal shall consider the matter
and make such order as it may determine to be reasonable in the
circumstances.226
133F Application for review of order
[P1988/48/135F]
(1) A person exercising the right conferred by section 133C or the licensing
body may apply to the Tribunal to review any order under section 133D
or 133E.
(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 section, or
(b) if the order was made so as to be in force for 15 months or less, or
as a result of a decision on a previous application is due to expire
within 15 months of that decision, until the last 3 months before
the expiry date.
(3) On an application the Tribunal shall consider the matter and make such
order confirming or varying the original order as it may determine to be
reasonable in the circumstances.
(4) An order under this section has effect from the date on which it is made
or such later date as may be specified by the Tribunal.227
133G Factors to be taken into account
[P1988/48/135G]
(1) In determining what is reasonable on an application or reference under
section 133D or 133E, or on reviewing any order under section 133F, the
Tribunal shall —
(a) have regard to the terms of any orders which it has made in the
case of persons in similar circumstances exercising the right
conferred by section 133C, and
(b) exercise its powers so as to secure that there is no unreasonable
discrimination between persons exercising that right against the
same licensing body.
(2) In settling the terms of payment under section 133D, the Tribunal shall
not be guided by any order it has made under any enactment other than
that section.
(3) Section 132 (factors to be taken into account) applies on an application or
reference under sections 133D to 133F as it applies on an application or
reference relating to a licence.228
Copyright Act 1991 Section 134
c AT 8 of 1991 Page 115
133H Power to amend sections 133A to 133G
The Department may by order, subject to such transitional provision as appears
to it to be appropriate, amend sections 133A to 133G —
(a) to include in any reference to sound recordings any works of a
description specified in the order; or
(b) to exclude from any reference to a broadcast any broadcast of a
description so specified.229
230
Implied indemnity in schemes or licences for reprographic copying
134 Implied indemnity in certain schemes and licences for reprographic
copying
[P1988/48/136]
(1) This section applies to —
(a) schemes for licensing reprographic copying of published literary,
dramatic, musical or artistic works, or the typographical
arrangement of published editions, and
(b) licences granted by licensing bodies for such copying,
where the scheme or licence does not specify the works to which it
applies with such particularity as to enable licensees to determine
whether a work falls within the scheme or licence by inspection of the
scheme or licence and the work.
(2) There is implied —
(a) in every scheme to which this section applies an undertaking by
the operator of the scheme to indemnify a person granted a
licence under the scheme, and
(b) in every licence to which this section applies an undertaking by
the licensing body to indemnify the licensee,
against any liability incurred by him by reason of his having infringed
copyright by making or authorising the making of reprographic copies of
a work in circumstances within the apparent scope of his licence.
(3) The circumstances of a case are within the apparent scope of a licence
if —
(a) it is not apparent from inspection of the licence and the work that
it does not fall within the description of works to which the
licence applies; and
(b) the licence does not expressly provide that it does not extend to
copyright of the description infringed.
(4) In this section “liability” includes liability to pay costs; and this section
applies in relation to costs reasonably incurred by a licensee in
Section 135 Copyright Act 1991
Page 116 AT 8 of 1991 c
connection with actual or contemplated proceedings against him for
infringement of copyright as it applies to sums which he is liable to pay
in respect of such infringement.
(5) A scheme or licence to which this section applies may contain reasonable
provision —
(a) with respect to the manner in which, and time within which,
claims under the undertaking implied by this section are to be
made;
(b) enabling the operator of the scheme or, as the case may be the
licensing body to take over the conduct of any proceedings
affecting the amount of his liability to indemnify.
Reprographic copying by educational establishments
135 Power to extend coverage of scheme or licence
[P1988/48/137]
(1) This section applies to —
(a) a licensing scheme to which sections 116 to 121 apply (see
section 115) and which is operated by a licensing body, or
(b) a licence to which sections 123 to 126 apply (see section 122),
so far as it provides for the grant of licences, or is a licence, authorising
the making by or on behalf of educational establishments for the
purposes of instruction of reprographic copies of published literary,
dramatic, musical or artistic works, or of the typographical arrangement
of published editions.
(2) If it appears to the Department with respect to a scheme or licence to
which this section applies that —
(a) works of a description similar to those covered by the scheme or
licence are unreasonably excluded from it, and
(b) making them subject to the scheme or licence would not conflict
with the normal exploitation of the works or unreasonably
prejudice the legitimate interests of the copyright owners,
it may by order provide that the scheme or licence shall extend to those
works.
(3) Where it proposes to make such an order, the Department shall cause
notice of the proposal to be given to —
(a) the copyright owners,
(b) the licensing body in question, and
(c) such persons or organisations representative of educational
establishments, and such other persons or organisations, as the
Department thinks fit.
Copyright Act 1991 Section 136
c AT 8 of 1991 Page 117
(4) The notice shall inform those persons of their right to make written or
oral representations to the Department about the proposal within 6
months from the date of the notice; and if any of them wishes to make
oral representations, the Department shall appoint a person to hear the
representations and report to it.
(5) In considering whether to make an order the Department shall take into
account any representations made to it in accordance with subsection (4),
and such matters as appear to it to be relevant.
136 Variation or discharge of order extending scheme or licence
[P1988/48/138]
(1) The owner of the copyright in a work in respect of which an order is in
force under section 135 may apply to the Department for variation or
revocation of the order, stating his reasons for making the application.
(2) The Department shall not entertain an application made within 2 years of
the making of the original order, or of the making of an order on a
previous application under this section, unless it appears to it that the
circumstances are exceptional.
(3) On considering the reasons for the application the Department may
confirm the order forthwith; if it does not do so, it shall cause notice of
the application to be given to —
(a) the licensing body in question, and
(b) such persons or organisations representative of educational
establishments, and such other persons or organisations, as it
thinks fit.
(4) The notice shall inform those persons of their right to make written or
oral representations to the Department about the application within the
period of 2 months from the date of the notice; and if any of them wishes
to make oral representations, the Department shall appoint a person to
hear the representations and report to it.
(5) In considering the application the Department shall take into account the
reasons for the application, any representations made to it in accordance
with subsection (4), and such other matters as appear to it to be relevant.
(6) The Department may make such order as it thinks fit confirming or
revoking the order (or, as the case may be, the order as previously
varied), or varying (or further varying) it so as to exclude works from it.
137 Appeals against orders
[P1988/48/139]
(1) The owner of the copyright in a work which is the subject of an order
under section 135 (order extending coverage of scheme or licence) may
appeal to the Tribunal which may confirm or revoke the order, or vary it
Section 138 Copyright Act 1991
Page 118 AT 8 of 1991 c
so as to exclude works from it, as it thinks fit having regard to the
considerations mentioned in section 135(2).
(2) Where the Department has made an order under section 136 (order
confirming, varying or revoking order extending coverage of scheme or
licence) —
(a) the person who applied for the order, or
(b) any person or organisation representative of educational
establishments who was given notice of the application for the
order and made representations in accordance with section 136(4),
may appeal to the Tribunal which may confirm or revoke the order or
make any other order which the Department might have made.
(3) An appeal under this section shall be brought within 6 weeks of the
making of the order or such further period as the Tribunal may allow.
(4) An order under section 135 or 136 shall not come into effect until the end
of the period of 6 weeks from the making of the order or, if an appeal is
brought before the end of that period, until the appeal proceedings are
disposed of or withdrawn.
(5) If an appeal is brought after the end of that period, any decision of the
Tribunal on the appeal does not affect the validity of anything done in
reliance on the order appealed against before that decision takes effect.
138 Inquiry whether new scheme or general licence required
[P1988/48/140]
(1) The Department may appoint a person to inquire into the question
whether new provision is required (whether by way of a licensing
scheme or general licence) to authorise the making by or on behalf of
educational establishments for the purposes of instruction of
reprographic copies of —
(a) published literary, dramatic, musical or artistic works, or
(b) the typographical arrangement of published editions,
of a description which appears to the Department not to be covered by
an existing licensing scheme or general licence and not to fall within the
power conferred by section 135 (power to extend existing schemes and
licences to similar works).
(2) The procedure to be followed in relation to an inquiry shall be such as
may be prescribed by regulations made by the Department.
(3) The regulations shall, in particular, provide for notice to be given to —
(a) persons or organisations appearing to the Department to
represent the owners of copyright in works of that
description, and
Copyright Act 1991 Section 139
c AT 8 of 1991 Page 119
(b) persons or organisations appearing to the Department to
represent educational establishments,
and for the making of written or oral representations by such persons;
but without prejudice to the giving of notice to, and the making of
representations by, other persons and organisations.
(4) The person appointed to hold the inquiry shall not recommend the
making of new provision unless he is satisfied —
(a) that it would be of advantage to educational establishments to be
authorised to make reprographic copies of the works in
question, and
(b) that making those works subject to a licensing scheme or general
licence would not conflict with the normal exploitation of the
works or unreasonably prejudice the legitimate interests of the
copyright owners.
(5) If he does recommend the making of new provision he shall specify any
terms, other than terms as to charges payable, on which authorisation
under the new provision should be available.
(6) In this section (and section 139) a “general licence
” means a licence
granted by a licensing body which covers all works of the description to
which it applies.
139 Statutory licence where recommendation not implemented
[P1988/48/141]
(1) The Department may, within one year of the making of a
recommendation under section 138 by order provide that if, or to the
extent that, provision has not been made in accordance with the
recommendation, the making by or on behalf of an educational
establishment, for the purposes of instruction, of reprographic copies of
the works to which the recommendation relates shall be treated as
licensed by the owners of the copyright in the works.
(2) For that purpose provision shall be regarded as having been made in
accordance with the recommendation if —
(a) a certified licensing scheme has been established under which a
licence is available to the establishment in question, or
(b) a general licence has been —
(i) granted to or for the benefit of that establishment, or
(ii) referred by or on behalf of that establishment to the
Tribunal under section 123 (reference of terms of proposed
licence), or
(iii) offered to or for the benefit of that establishment and
refused without such a reference,
Section 140 Copyright Act 1991
Page 120 AT 8 of 1991 c
and the terms of the scheme or licence accord with the recommendation.
(3) The order shall also provide that any existing licence authorising the
making of such copies (not being a licence granted under a certified
licensing scheme or a general licence) shall cease to have effect to the
extent that it is more restricted or more onerous than the licence
provided for by the order.
(4) The order shall provide for the licence to be free of royalty but, as
respects other matters, subject to any terms specified in the
recommendation and to such other terms as the Department may think
fit.
(5) The order may provide that where a copy which would otherwise be an
infringing copy is made in accordance with the licence provided by the
order but is subsequently dealt with, it shall be treated as an infringing
copy for the purposes of that dealing, and if that dealing infringes
copyright for all subsequent purposes.
In this subsection “dealt with” means sold or let for hire, offered or
exposed for sale or hire or exhibited in public.
(6) The order shall not come into force until at least 6 months after it is
made.
(7) An order may be varied from time to time, but not so as to include works
other than those to which the recommendation relates or remove any
terms specified in the recommendation, and may be revoked.
(8) In this section a “certified licensing scheme” means a licensing scheme
certified for the purposes of this section under section 141.
Royalty or other sum payable for rental of certain works
140 Royalty or other sum payable for rental of sound recording, film or
computer program
[P1988/48/142]
(1) An application to settle the royalty or other sum payable in pursuance of
section 66 (rental of sound recordings, films and computer programs)
may be made to the Tribunal by the copyright owner or the person
claiming to be treated as licensed by him.
(2) The Tribunal shall consider the matter and make such order as it may
determine to be reasonable in the circumstances.
(3) Either party may subsequently apply to the Tribunal to vary the order,
and the Tribunal shall consider the matter and make such order
confirming or varying the original order as it may determine to be
reasonable in the circumstances.
Copyright Act 1991 Section 141
c AT 8 of 1991 Page 121
(4) An application under subsection (3) shall not, except with the special
leave of the Tribunal, be made within 12 months from the date of the
original order or of the order on a previous application under that
subsection.
(5) An order under subsection (3) has effect from the date on which it is
made or such later date as may be specified by the Tribunal.
Certification of licensing schemes
141 Certification of licensing schemes
[P1988/48/143]
(1) A person operating or proposing to operate a licensing scheme may
apply to the Department to certify the scheme for the purposes of —
(a) section 35 (educational recording of broadcasts),231
(b) section 60 (abstracts of scientific or technical articles),
(c) section 66 (rental of sound recordings, films and computer
programs),
(d) section 74 (sub-titled copies of broadcasts for people who are deaf
or hard of hearing), or232
(e) section 139 (reprographic copying of published works by
educational establishments).
(2) The Department shall by order certify the scheme if it is satisfied that the
scheme —
(a) enables the works to which it relates to be identified with
sufficient certainty by persons likely to require licences; and
(b) sets out clearly the charges (if any) payable and the other terms on
which licences will be granted.
(3) The scheme shall be scheduled to the order and the certification shall
come into operation for the purposes of section 35, 60, 66, 74 or 139, as
the case may be —
(a) on such date, not less than 8 weeks after the order is made, as may
be specified in the order, or
(b) if the scheme is the subject of a reference under section 116
(reference of proposed scheme), any later date on which the order
of the Tribunal under that section comes into force or the
reference is withdrawn.
(4) A variation of the scheme is not effective unless a corresponding
amendment of the order is made; and the Department shall make such
an amendment in the case of a variation ordered by the Tribunal on a
reference under section 116, 117, or 118, and may do so in any other case
if it thinks fit.
Section 142 Copyright Act 1991
Page 122 AT 8 of 1991 c
(5) The order shall be revoked if the scheme ceases to be operated and may
be revoked if it appears to the Department that it is no longer being
operated according to its terms.
PART VIII - THE ISLE OF MAN COPYRIGHT TRIBUNAL
The Tribunal
142 The Isle of Man Copyright Tribunal
(1) There is established a tribunal called the Isle of Man Copyright Tribunal
(in this Act referred to as “the Tribunal
”).
(2) The Tribunal shall consist of a chairman and 2 other members appointed
in accordance with the Tribunals Act 2006.233
(3) [Repealed]234
143 [Repealed]
235
Jurisdiction and procedure
144 Jurisdiction of the tribunal
[P1988/48/149]
Without prejudice to any other statutory provision, the function of the Tribunal
is to hear and determine proceedings under —
(za) section 93C (application to determine amount of equitable
remuneration under section 93B);236
(a) section 116, 117 or 118 (reference of licensing scheme),
(b) section 119 or 120 (application with respect to entitlement to
licence under licensing scheme),
(c) section 123, 124 or 125 (reference or application with respect to
licensing by licensing body),
(cc) section 133D or 133E (application or reference with respect to use
as of right of sound recordings in broadcasts);237
(d) section 137 (appeal against order as to coverage of licensing
scheme or licence),
(e) section 140 (application to settle royalty or other sum payable for
rental of sound recording, film or computer program).
Copyright Act 1991 Section 145
c AT 8 of 1991 Page 123
145 Procedural rules
238
[P1988/48/150]
(1) In this section “the rules” means rules made under section 8 of the
Tribunals Act 2006 regulating the practice and procedure of the
Tribunal.239
(2) The rules may apply in relation to the Tribunal any of the provisions of
the Arbitration Act 1976; and any provisions so applied shall be set out in
or scheduled to the rules.
(3) Provision shall be made by the rules —
(a) prohibiting the Tribunal from entertaining a reference under
section 116, 117 or 118 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;
(b) specifying the parties to any proceedings and enabling the
Tribunal to make a party to the proceedings any person or
organisation satisfying the Tribunal that they have a substantial
interest in the matter; and
(c) requiring the Tribunal to give the parties to proceedings an
opportunity to state their case, in writing or orally as the rules
may provide.
(4) The rules may make provision for regulating or prescribing any matters
incidental to or consequential upon any appeal from the Tribunal under
section 147 (appeal to the court on point of law).
146 Costs, proof of orders, etc
[P1988/48/151]
(1) The Tribunal may order that the costs of a party to proceedings before it
shall be paid by such other party as the Tribunal may direct; and the
Tribunal may tax or settle the amount of the costs, or direct in what
manner they are to be taxed.
(2) A document purporting to be a copy of an order of the Tribunal and to
be certified by the chairman to be a true copy shall, in any proceedings,
be sufficient evidence of the order unless the contrary is proved.
146A Award of interest
(1) Any of the following, namely —
(a) a direction under section 121(3) so far as relating to a licence for
communicating a work to the public;240
(b) a direction under section 126(3) so far as so relating;
(c) an order under section 133D(1); and
Section 147 Copyright Act 1991
Page 124 AT 8 of 1991 c
(d) an order under section 133F confirming or varying an order under
section 133D(1),
may award simple interest at such rate and for such period, beginning
not earlier than the relevant date and ending not later than the date of
the order, as the Tribunal thinks reasonable in the circumstances.
(2) In this section “the relevant date” means —
(a) in relation to a direction under section 121(3), the date on which
the reference was made;
(b) in relation to a direction under section 126(3), the date on which
the reference or application was made;
(c) in relation to an order under section 133D(1), the date on which
the first payment under section 133C(2) became due; and
(d) in relation to an order under section 133F, the date on which the
application was made.241
147 Appeal to the court on point of law
[P1988/48/152]
(1) An appeal lies on any point of law arising from a decision of the Tribunal
to the High Court.
(2) Provision shall be made by rules referred to in section 145(1) limiting the
time within which an appeal may be brought.242
(3) Provision may be made by rules referred to in section 145(1) —
(a) for suspending, or authorising or requiring the Tribunal to
suspend, the operation of orders of the Tribunal in cases where its
decision is appealed against;
(b) for modifying in relation to an order of the Tribunal whose
operation is suspended the operation of any provision of this Act
as to the effect of the order;
(c) for the publication of notices or the taking of other steps for
securing that persons affected by the suspension of an order of the
Tribunal will be informed of its suspension.243
Copyright Act 1991 Section 148
c AT 8 of 1991 Page 125
PART IX – QUALIFICATION FOR AND EXTENT OF
COPYRIGHT PROTECTION
Qualification for copyright protection
148 Qualification for copyright protection
[P1988/48/153]
(1) Copyright does not subsist in a work unless the qualification
requirements of this Part are satisfied as regards —
(a) the author (see section 149), or
(b) the country in which the work was first published (see
section 150), or
(c) in the case of a broadcast, the country from which the broadcast
was made (see section 151).244
(2) Subsection (1) does not apply in relation to Crown copyright or Tynwald
copyright (see sections 156 and 158) or to copyright subsisting by virtue
of section 161 (copyright of certain international organisations).
(3) If the qualification requirements of this Part or section 156, 158 or 161
(Crown copyright, Tynwald copyright and copyright of certain
international organisations) are once satisfied in respect of a work,
copyright does not cease to subsist by reason of any subsequent event.
149 Qualification by reference to author
[P1988/48/154]
(1) A work qualifies for copyright protection if the author was at the
material time a qualifying person, that is —
(a) a British citizen, a national of another EEA state, 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), or245
(b) an individual domiciled or resident in the Island, the United
Kingdom or another EEA state or in the Channel Islands or
Gibraltar or in another country to which the relevant provisions of
Part I of the Copyright, Designs and Patents Act 1988 (an Act of
Parliament) extend, or246
(c) a body incorporated under the law of the Island, a part of the
United Kingdom or another EEA state or of the Channel Islands
or Gibraltar or of another country to which the relevant
provisions of the said Part I extend.247
Section 150 Copyright Act 1991
Page 126 AT 8 of 1991 c
(2) Where, or so far as, provision is made by order under section 152
(application of this Act in relation to other countries), a work also
qualifies for copyright protection if at the material time the author was a
citizen or subject of, an individual domiciled or resident in, or a body
incorporated under the law of, a country to which the order relates.
(3) A work of joint authorship qualifies for copyright protection if at the
material time any of the authors satisfies the requirements of
subsection (1) or (2); but where a work qualifies for copyright protection
only under this section, only those authors who satisfy those
requirements shall be taken into account for the purposes of —
section 11(1) and (2) (first ownership of copyright; entitlement of
author or author’s employer),
section 12 (duration of copyright), and section 9(4) (meaning of
“unknown authorship”) so far as it applies for the purposes of
section 12, and248
section 57 (anonymous or pseudonymous works: acts permitted
on assumptions as to expiry of copyright or death of author).
(4) The material time in relation to a literary, dramatic, musical or artistic
work is —
(a) in the case of an unpublished work, when the work was made or,
if the making of the work extended over a period, a substantial
part of that period;
(b) in the case of a published work, when the work was first
published or, if the author had died before that time, immediately
before his death.
(5) The material time in relation to other descriptions of work is as
follows —
(a) in the case of a sound recording or film, when it was made;
(b) in the case of a broadcast, when the broadcast was made;
(c) [Repealed]249
(d) in the case of the typographical arrangement of a published
edition, when the edition was first published.
150 Qualification by reference to country of first publication
[P1988/48/155]
(1) A literary, dramatic, musical or artistic work, a sound recording or film,
or the typographical arrangement of a published edition, qualifies for
copyright protection if it is first published in the Island, the United
Kingdom, another EEA state, the Channel Islands or Gibraltar or another
country to which the relevant provisions of Part I of the Copyright,
Designs and Patents Act 1988 (an Act of Parliament) extend.250
Copyright Act 1991 Section 151
c AT 8 of 1991 Page 127
(2) Where, or so far as, provision is made by order under section 152
(application of this Act in relation to other countries), such a work also
qualifies for copyright protection if it is first published in a country to
which the order relates.
(3) For the purposes of this section, publication in one country shall not be
regarded as other than the first publication by reason of simultaneous
publication elsewhere; and for this purpose publication elsewhere within
the previous 30 days shall be treated as simultaneous.
151 Qualification by reference to place of transmission
[P1988/48/156]
(1) A broadcast qualifies for copyright protection if it is made from a place
in the Island, the United Kingdom, another EEA state, the Channel
Islands or Gibraltar or another country to which the relevant provisions
of Part I of the Copyright, Designs and Patents Act 1988 (an Act of
Parliament) extend.251
(2) Where, or so far as, provision is made by order under section 152
(application of this Act in relation to other countries), a broadcast also
qualifies for copyright protection if it is made from a place in a country
to which the order relates.252
Application of this Act
152 Application of this Act in relation to other countries
(1) Where a country is a party to any act of the Berne Convention or a
member of the World Trade Organisation, this Act, so far as it relates to
literary, dramatic, musical and artistic works, films and typographical
arrangements of published editions —
(a) applies in relation to a citizen or subject of that country or a
person domiciled or resident there as it applies in relation to a
person who is a British citizen or is domiciled or resident in the
Island;
(b) applies in relation to a body incorporated under the law of that
country as it applies in relation to a body incorporated under the
law of the Island; and
(c) applies in relation to a work first published in that country as it
applies in relation to a work first published in the Island.
(2) Where a country is a party to the Rome Convention, this Act, so far as it
relates to sound recordings and broadcasts —
(a) applies in relation to that country as mentioned in paragraphs (a),
(b) and (c) of subsection (1); and
Section 152 Copyright Act 1991
Page 128 AT 8 of 1991 c
(b) applies in relation to a broadcast made from that country as it
applies to a broadcast made from the Island.
(3) Where a country is a party to the WPPT, this Act, so far as relating to
sound recordings, applies in relation to that country as mentioned in
paragraphs (a), (b) and (c) of subsection (1).
(4) The Council of Ministers may by order —
(a) make provision for the application of this Act to a country by
subsection (1), (2) or (3) to be subject to specified restrictions;
(b) make provision for applying this Act, or any of its provisions, to a
specified country;
(c) make provision for applying this Part, or any of its provisions, to
any country of a specified description;
(d) make provision for the application of legislation to a country
under paragraph (b) or (c) to be subject to specified restrictions.
(5) Provision made under subsection (4) may apply generally or in relation
to such classes of works, or other classes of case, as are specified.
(6) The Council of Ministers may not make an order containing provision
under subsection (4)(b) or (c) unless satisfied that provision has been or
will be made under the law of the country or countries in question, in
respect of the classes to which the provision under subsection (4)(b) or (c)
relates, giving adequate protection to the owners of copyright under this
Act.
(7) Application under subsection (4)(b) or (c) is in addition to application by
subsections (1) to (3).
(8) Provision made under subsection (4)(c) may cover countries that become
(or again become) of the specified description after the provision comes
into force.
(9) In this section—
“the Berne Convention” means the Berne Convention for the Protection of
Literary and Artistic Works signed at Berne on 9 September 1886;
“the Rome Convention” means the International Convention for the Protection
of Performers, Producers of Phonograms and Broadcasting
Organisations done at Rome on 26 October 1961;
“the WPPT” means the World Intellectual Property Organisation Performances
and Phonograms Treaty adopted in Geneva on 20 December 1996.253
Copyright Act 1991 Section 153
c AT 8 of 1991 Page 129
153 Denial of copyright protection to citizens of other countries not giving
adequate protection to Manx works
[P1988/48/160]
(1) If it appears to the Council of Ministers that the law of a country fails to
give adequate protection to Manx works to which this section applies, or
to one or more classes of such works, the Council of Ministers may make
provision by order in accordance with this section restricting the rights
conferred by this Act in relation to works of authors connected with that
country.254
(2) An order under this section shall designate the country concerned and
provide that, for the purposes specified in the order, works first
published after a date specified in the order shall not be treated as
qualifying for copyright protection by virtue of such publication if at that
time the authors are —
(a) citizens or subjects of that country (not domiciled or resident in
the Island), or
(b) bodies incorporated under the law of that country;
and the order may make such provision for all the purposes of this Act or
for such purposes as are specified in the order, and either generally or in
relation to such class of cases as are specified in the order, having regard
to the nature and extent of that failure referred to in subsection (1).
(3) This section applies to literary, dramatic, musical and artistic works,
sound recordings and films; and “Manx works” means works of which
the author was a qualifying person at the material time within the
meaning of section 149.
Supplementary
154 Territorial waters
[P1988/48/161(1)]
For the purposes of this Act the territorial waters of the Island shall be treated as
part of the Island.
155 Manx ships
[P1988/48/162; SI 89/679]
(1) This Act applies to things done on a Manx ship as it applies to things
done in the Island.
(2) In this section “Manx ship” means a ship which is a British ship for the
purposes of the Merchant Shipping Acts (within the meaning of the
Merchant Shipping Act 1988 (an Act of Parliament) as it has effect in the
Isle of Man) otherwise than by virtue of registration in a country outside
the Island.
Section 156 Copyright Act 1991
Page 130 AT 8 of 1991 c
PART X – MISCELLANEOUS AND GENERAL
Crown and Tynwald copyright
156 Crown copyright
[P1988/48/163]
(1) Where a work is made by Her Majesty or by an officer or servant of the
Crown in the course of his duties —
(a) the work qualifies for copyright protection notwithstanding
section 148(l) (ordinary requirement as to qualification for
copyright protection), and
(b) Her Majesty is the first owner of any copyright in the work.
(2) Copyright in such a work is referred to in this Act as “Crown copyright
”,
notwithstanding that it may be, or have been, assigned to another
person.
(2A) A map prepared in pursuance of the Isle of Man Survey Act 1991 shall be
deemed to be such a work as is mentioned in subsection (1).255
(3) Crown copyright in a literary, dramatic, musical or artistic work
continues to subsist —
(a) until the end of the period of 125 years from the end of the
calendar year in which the work was made, or
(b) if the work is published commercially before the end of the period
of 75 years from the end of the calendar year in which it was
made, until the end of the period of 50 years from the end of the
calendar year in which it was first so published.
(4) In the case of a work of joint authorship where one or more but not all of
the authors are persons falling within subsection (1), this section applies
only in relation to those authors and the copyright subsisting by virtue of
their contribution to the work.
(5) Subject to subsection (5A), Crown copyright to which Her Majesty is
entitled vests in the Treasury in trust for Her Majesty for the public
service of the Island.256
(5A) Crown copyright in a map referred to in subsection (2A) to which Her
Majesty is entitled vests in the Department of Infrastructure in trust for
Her Majesty for the public service of the Island.257
(6) Except as mentioned above, and subject to any express exclusion
elsewhere in this Act, the provisions of this Act apply in relation to
Crown copyright as to other copyright.
(7) This section does not apply to a work if, or to the extent that, Tynwald
copyright subsists in the work (see sections 158 and 159).
Copyright Act 1991 Section 157
c AT 8 of 1991 Page 131
157 Copyright in Acts and Measures
[P1988/48/164]
(1) Her Majesty is entitled to copyright in every Act of Tynwald, Act of
Parliament or Measure of the General Synod of the Church of England.
(2) The copyright subsists from Royal Assent until the end of the period of
50 years from the end of the calendar year in which Royal Assent was
given.
(3) References in this Act to Crown copyright (except in section 156) include
copyright under this section; and, except as mentioned above, the
provisions of this Act apply in relation to copyright under this section as
to other Crown copyright.
(4) Copyright under this section vests in the Treasury in trust for Her
Majesty for the public service of the Island.
(5) No other copyright, or right in the nature of copyright, subsists in an Act
of Tynwald, Act of Parliament or Measure.
158 Tynwald copyright
[P1988/48/165]
(1) Where a work is made by or under the direction or control of Tynwald,
the Council or the Keys —
(a) the work qualifies for copyright protection notwithstanding
section 148(l) (ordinary requirement as to qualification for
copyright protection), and
(b) the first owner of any copyright in the work is the body by whom,
or under whose direction or control, the work is made.
(2) Copyright in such a work is referred to in this Act as “Tynwald
copyright
”, notwithstanding that it may be, or have been, assigned to
another person.
(3) Tynwald copyright in a literary, dramatic, musical or artistic work
continues to subsist until the end of the period of 50 years from the end
of the calendar year in which the work was made.
(4) For the purposes of this section, works made by or under the direction or
control of Tynwald, the Council or the Keys include —
(a) any work made by an officer or employee of that body in the
course of his duties, and
(b) any sound recording, film or live broadcast of Tynwald
proceedings;258
but a work shall not be regarded as made by or under the direction or
control of any of those bodies by reason only of its being commissioned
by or on behalf of that body.
Section 159 Copyright Act 1991
Page 132 AT 8 of 1991 c
(5) In the case of a work of joint authorship where one or more but not all of
the authors are acting on behalf of, or under the direction or control of,
Tynwald, the Council or the Keys, this section applies only in relation to
those authors and the copyright subsisting by virtue of their contribution
to the work.
(6) Except as mentioned above, and subject to any express exclusion
elsewhere in this Act, the provisions of this Act apply in relation to
Tynwald copyright as to other copyright.
(7) The provisions of this section also apply, subject to any exceptions or
modifications specified by an order made by the Council of Ministers, to
works made by or under the direction or control of any other legislative
body of any country outside the Island specified in the order; and
references in this Act to “Tynwald copyright
” shall be construed
accordingly.259
159 Copyright in Bills
[P1988/48/166]
(1) Copyright in every Bill introduced into the Council or the Keys belongs,
in accordance with the following provisions, to one or both of those
Branches.
(2) Copyright in a Bill belongs in the first instance to the Branch into which
the Bill is introduced, and after the Bill has been carried to the second
Branch to both Branches jointly, and subsists from the time when the text
of the Bill is handed in to the Branch in which it is introduced.
(3) Copyright under this section ceases on Royal Assent or, in the case of a
Bill which does not receive Royal Assent —
(a) when the Bill is rejected or withdrawn; or
(b) where the Bill is in the Keys, on the dissolution of the Keys:
Provided that copyright in a Bill continues to subsist notwithstanding its
rejection by the Council if, by virtue of section 10 of the Isle of Man
Constitution Act 1961, it remains possible for it to be presented for Royal
Assent.
(4) References in this Act to Tynwald copyright (except in section 158)
include copyright under this section; and, except as mentioned above,
the provisions of this Act apply in relation to copyright under this
section as to other Tynwald copyright.
(5) No other copyright, or right in the nature of copyright, subsists in a Bill
after copyright has once subsisted under this section.
Copyright Act 1991 Section 160
c AT 8 of 1991 Page 133
160 Supplementary provisions with respect to Tynwald copyright
[P1988/48/167]
(1) For the purposes of holding, dealing with and enforcing copyright, and
in connection with all legal proceedings relating to copyright, Tynwald,
the Council and the Keys shall each be treated as having the legal
capacities of a body corporate, which (in the case of the Keys) shall not be
affected by a dissolution.
(2) The functions of Tynwald, the Council or the Keys as owner of copyright
shall be exercised by the President of Tynwald or the Speaker, as the case
may be, on its behalf.
(3) For this purpose a person who on the dissolution of the Keys was
Speaker may continue to act until the corresponding appointment is
made after the dissolution.
(4) Legal proceedings relating to copyright shall be brought by or against
Tynwald, the Council or the Keys in the name of “The President of
Tynwald”, “The President of Tynwald (on behalf of the Legislative
Council)” or “The Speaker of the House of Keys”, as the case may be.
Other miscellaneous provisions
161 Copyright vesting in certain international organisations
[P1988/48/168]
(1) Where an original literary, dramatic, musical or artistic work —
(a) is made by an officer or employee of, or is published by, an
international organisation to which this section applies, and
(b) does not qualify for copyright protection under section 149
(qualification by reference to author) or section 150 (qualification
by reference to country of first publication),
copyright nevertheless subsists in the work by virtue of this section and
the organisation is first owner of that copyright.
(2) The international organisations to which this section applies are those as
to which the Council of Ministers has by order declared that it is
expedient that this section should apply.260
(3) Copyright of which an international organisation is first owner by virtue
of this section continues to subsist until the end of the period of 50 years
from the end of the calendar year in which the work was made or such
longer period as may be specified by the Council of Ministers by order
for the purpose of complying with the international obligations of the
United Kingdom which extend to the Island.261
(4) An international organisation to which this section applies shall be
deemed to have, and to have had at all material times, the legal capacities
Section 162 Copyright Act 1991
Page 134 AT 8 of 1991 c
of a body corporate for the purpose of holding, dealing with and
enforcing copyright and in connection with all legal proceedings relating
to copyright.
162 Folklore etc: anonymous unpublished works
[P1988/48/169]
(1) Where in the case of an unpublished literary, dramatic, musical or artistic
work of unknown authorship there is evidence that the author (or, in the
case of a joint work, any of the authors) was a qualifying individual by
connection with a country outside the Island, it shall be presumed until
the contrary is proved that he was such a qualifying individual and that
copyright accordingly subsists in the work, subject to the provisions of
this Act.
(2) If under the law of that country a body is appointed to protect and
enforce copyright in such works, the Council of Ministers may by order
designate that body for the purposes of this section.262
(3) A body so designated shall be recognised in the Island as having
authority to do in place of the copyright owner anything, other than
assign copyright, which it is empowered to do under the law of that
country, and it may, in particular, bring proceedings in its own name.
(4) In subsection (1) a “qualifying individual” means an individual who at
the material time (within the meaning of section 149) was a person
whose works qualified under that section for copyright protection.
(5) This section does not apply if there has been an assignment of copyright
in the work by the author of which notice has been given to the
designated body; and nothing in this section affects the validity of an
assignment of copyright made, or licence granted, by the author or a
person lawfully claiming under him.
Circumvention of protection measures263
163 Circumvention of technical devices applied to computer programs
(1) This section applies where —
(a) a technical device has been applied to a computer program; and
(b) a person knowing or having reason to believe that it will be used
to make infringing copies —
(i) manufactures for sale or hire, imports, distributes, sells or
lets for hire, offers or exposes for sale or hire, advertises for
sale or hire or has in his possession for commercial
purposes any means the sole intended purpose of which is
to facilitate the unauthorised removal or circumvention of
the technical device; or
Copyright Act 1991 Section 163
c AT 8 of 1991 Page 135
(ii) publishes information intended to enable or assist persons
to remove or circumvent the technical device.
(2) The following persons have the same rights against the person specified
in subsection (1)(b) as a copyright owner has in respect of an
infringement of copyright —
(a) a person —
(i) issuing to the public copies of, or
(ii) communicating to the public,
the computer program to which the technical device has been
applied;
(b) the copyright owner or his exclusive licensee, if he is not the
person specified in paragraph (a);
(c) the owner or exclusive licensee of any intellectual property right
in the technical device applied to the computer program.
(3) The rights conferred by subsection (2) are concurrent, and sections 100(3)
and 101(1) to (4) apply, in proceedings under this section, in relation to
persons with concurrent rights as they apply, in proceedings mentioned
in those provisions, in relation to a copyright owner and exclusive
licensee with concurrent rights.
(4) Further, the persons in subsection (2) have the same rights under section
98 or 99 (delivery up or seizure of certain articles) in relation to any such
means as is referred to in subsection (1) which a person has in his
possession, custody or control with the intention that it should be used to
facilitate the unauthorised removal or circumvention of any technical
device which has been applied to a computer program, as a copyright
owner has in relation to an infringing copy.
(5) The rights conferred by subsection (4) are concurrent, and section 101(5)
shall apply, as respects anything done under section 98 or 99 by virtue of
subsection (4), in relation to persons with concurrent rights as it applies,
as respects anything done under section 98 or 99, in relation to a
copyright owner and exclusive licensee with concurrent rights.
(6) In this section references to a technical device in relation to a computer
program are to any device intended to prevent or restrict acts that are not
authorised by the copyright owner of that computer program and are
restricted by copyright.
(7) The following provisions apply in relation to proceedings under this
section as in relation to proceedings under this Act relating to copyright
—
(a) sections 103 to 105 (presumptions as to certain matters relating to
copyright); and
Section 163 Copyright Act 1991
Page 136 AT 8 of 1991 c
(b) section 52 of the High Court Act 1991 (withdrawal of privilege
against self-incrimination in certain proceedings relating to
intellectual property);
and section 113 applies, with the necessary modifications, in relation to
the disposal of anything delivered up or seized by virtue of subsection
(4).264
163ZA Circumvention of technological measures
(1) This section applies where —
(a) effective technological measures have been applied to a copyright
work other than a computer program; and
(b) a person does anything which circumvents those measures
knowing, or with reasonable grounds to know, that he is pursuing
that objective.
(2) This section does not apply where a person, for the purposes of research
into cryptography, does anything which circumvents effective
technological measures unless in so doing, or in issuing information
derived from that research, he affects prejudicially the rights of the
copyright owner.
(3) The following persons have the same rights against the person specified
in subsection (1)(b) as a copyright owner has in respect of an
infringement of copyright —
(a) a person —
(i) issuing to the public copies of, or
(ii) communicating to the public,
the work to which effective technological measures have been
applied; and
(b) the copyright owner or his exclusive licensee, if he is not the
person specified in paragraph (a).
(4) The rights conferred by subsection (3) are concurrent, and sections 100(3)
and 101(1) to (4) apply, in proceedings under this section, in relation to
persons with concurrent rights as they apply, in proceedings mentioned
in those provisions, in relation to a copyright owner and exclusive
licensee with concurrent rights.
(5) The following provisions apply in relation to proceedings under this
section as in relation to proceedings under this Act relating to copyright
—
(a) sections 103 to 105 (presumptions as to certain matters relating to
copyright); and
Copyright Act 1991 Section 163
c AT 8 of 1991 Page 137
(b) section 52 of the High Court Act 1991 (withdrawal of privilege
against self-incrimination in certain proceedings relating to
intellectual property).265
163ZBDevices and services designed to circumvent technological measures
(1) A person commits an offence if he —
(a) manufactures for sale or hire, or
(b) imports otherwise than for his private and domestic use, or
(c) in the course of a business —
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) advertises for sale or hire, or
(iv) possesses, or
(v) distributes, or
(d) distributes otherwise than in the course of a business to such an
extent as to affect prejudicially the copyright owner,
any device, product or component which is primarily designed,
produced, or adapted for the purpose of enabling or facilitating the
circumvention of effective technological measures.
(2) A person commits an offence if he provides, promotes, advertises or
markets —
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to
affect prejudicially the copyright owner,
a service the purpose of which is to enable or facilitate the circumvention
of effective technological measures.
(3) Subsections (1) and (2) do not make unlawful anything done by, or on
behalf of, law enforcement agencies or any of the intelligence services —
(a) in the interests of national security; or
(b) for the purpose of the prevention or detection of crime, the
investigation of an offence, or the conduct of a prosecution,
and in this subsection “intelligence services” has the meaning given in
section 75 of the Anti-Terrorism and Crime Act 2003.
(4) A person guilty of an offence under subsection (1) or (2) is liable —
(a) on summary conviction, to custody for a term not exceeding 3
months, or to a fine not exceeding £5,000, or both;
(b) on conviction on information to a fine or custody for a term not
exceeding 2 years, or both.
Section 163 Copyright Act 1991
Page 138 AT 8 of 1991 c
(5) It is a defence to any prosecution for an offence under this section for the
defendant to prove that he did not know, and had no reasonable ground
for believing, that —
(a) the device, product or component; or
(b) the service,
enabled or facilitated the circumvention of effective technological
measures.266
163ZC Devices and services designed to circumvent technological measures:
search warrants and forfeiture
(1) The provisions of sections 164B (search warrants) and 164C (forfeiture of
unauthorised decoders) apply to offences under section 163ZB with the
following modifications.
(2) In section 164B the reference to an offence under section 164A(1) shall be
construed as a reference to an offence under section 163ZB(1) or (2).
(3) In sections 164C(2)(a) and 164D(15) the references to an offence under
section 164A(1) shall be construed as a reference to an offence under
section 163ZB(1).
(4) In sections 164C and 164D references to unauthorised decoders shall be
construed as references to devices, products or components for the
purpose of circumventing effective technological measures.267
163ZDRights and remedies in respect of devices and services designed to
circumvent technological measures
(1) This section applies where —
(a) effective technological measures have been applied to a copyright
work other than a computer program; and
(b) a person manufactures, imports, distributes, sells or lets for hire,
offers or exposes for sale or hire, advertises for sale or hire, or has
in his possession for commercial purposes any device, product or
component, or provides services which —
(i) are promoted, advertised or marketed for the purpose of
the circumvention of, or
(ii) have only a limited commercially significant purpose or
use other than to circumvent, or
(iii) are primarily designed, produced, adapted or performed
for the purpose of enabling or facilitating the
circumvention of,
those measures.
Copyright Act 1991 Section 163
c AT 8 of 1991 Page 139
(2) The following persons have the same rights against the person specified
in subsection (1)(b) as a copyright owner has in respect of an
infringement of copyright —
(a) a person —
(i) issuing to the public copies of, or
(ii) communicating to the public,
the work to which effective technological measures have been
applied;
(b) the copyright owner or his exclusive licensee, if he is not the
person specified in paragraph (a); and
(c) the owner or exclusive licensee of any intellectual property right
in the effective technological measures applied to the work.
(3) The rights conferred by subsection (2) are concurrent, and sections 100(3)
and 101(1) to (4) apply, in proceedings under this section, in relation to
persons with concurrent rights as they apply, in proceedings mentioned
in those provisions, in relation to a copyright owner and exclusive
licensee with concurrent rights.
(4) Further, the persons in subsection (2) have the same rights under section
98 or 99 (delivery up or seizure of certain articles) in relation to any such
device, product or component which a person has in his possession,
custody or control with the intention that it should be used to circumvent
effective technological measures, as a copyright owner has in relation to
any infringing copy.
(5) The rights conferred by subsection (4) are concurrent, and section 101(5)
shall apply, as respects anything done under section 98 or 99 by virtue of
subsection (4), in relation to persons with concurrent rights as it applies,
as respects anything done under section 98 or 99, in relation to a
copyright owner and exclusive licensee with concurrent rights.
(6) The following provisions apply in relation to proceedings under this
section as in relation to proceedings under this Act relating to copyright
—
(a) sections 104 to 106 of this Act (presumptions as to certain matters
relating to copyright); and
(b) section 52 of the High Court Act 1991 (withdrawal of privilege
against self-incrimination in certain proceedings relating to
intellectual property);
and section 113 applies, with the necessary modifications, in relation to
the disposal of anything delivered up or seized by virtue of subsection
(4).
(7) In section 97(1) (innocent infringement of copyright) as it applies to
proceedings for infringement of the rights conferred by this section, the
reference to the defendant not knowing or having reason to believe that
Section 163 Copyright Act 1991
Page 140 AT 8 of 1991 c
copyright subsisted in the work shall be construed as a reference to his
not knowing or having reason to believe that his acts enabled or
facilitated an infringement of copyright.268
163ZE Remedy where effective technological measures prevent permitted acts
(1) In this section —
“permitted act” means an act which may be done in relation to copyright works,
notwithstanding the subsistence of copyright, by virtue of a provision of
this Act listed in Schedule 1A;
“voluntary measure or agreement” means ―
(a) any measure taken voluntarily by a copyright owner, his
exclusive licensee or a person issuing copies of, or communicating
to the public, a work other than a computer program, or
(b) any agreement between a copyright owner, his exclusive licensee
or a person issuing copies of, or communicating to the public, a
work other than a computer program and another party,
the effect of which is to enable a person to carry out a permitted act.
(2) Where the application of any effective technological measure to a
copyright work other than a computer program prevents a person from
carrying out a permitted act in relation to that work then that person or a
person being a representative of a class of persons prevented from
carrying out a permitted act may issue a notice of complaint to the
Department.
(3) Following receipt of a notice of complaint, the Department may give to
the owner of that copyright work or an exclusive licensee such directions
as appear to the Department to be requisite or expedient for the purpose
of —
(a) establishing whether any voluntary measure or agreement
relevant to the copyright work the subject of the complaint
subsists; or
(b) (where it is established there is no subsisting voluntary measure
or agreement) ensuring that the owner or exclusive licensee of
that copyright work makes available to the complainant the
means of carrying out the permitted act the subject of the
complaint to the extent necessary to so benefit from that
permitted act.
(4) The Department may also give directions —
(a) as to the form and manner in which a notice of complaint in
subsection (2) may be delivered to it;
(b) as to the form and manner in which evidence of any voluntary
measure or agreement may be delivered to it; and
Copyright Act 1991 Section 163
c AT 8 of 1991 Page 141
(c) generally as to the procedure to be followed in relation to a
complaint made under this section;
and shall publish directions given under this subsection in such manner
as in its opinion will secure adequate publicity for them.
(5) It shall be the duty of any person to whom a direction is given under
subsection (3)(a) or (b) to give effect to that direction.
(6) The obligation to comply with a direction given under subsection (3)(b)
is a duty owed to the complainant or, where the complaint is made by a
representative of a class of persons, to that representative and to each
person in the class represented; and a breach of the duty is actionable
accordingly (subject to the defences and other incidents applying to
actions for breach of statutory duty).
(7) Any direction under this section may be varied or revoked by a
subsequent direction under this section.
(8) Any direction given under this section shall be in writing.
(9) This section does not apply to copyright works made available to the
public on agreed contractual terms in such a way that members of the
public may access them from a place and at a time individually chosen
by them.
(10) This section applies only where a complainant has lawful access to the
protected copyright work, or where the complainant is a representative
of a class of persons, where the class of persons have lawful access to the
work.269
163ZF Interpretation of sections 296ZA to 296ZE
(1) In sections 163ZA to 163ZE, “technological measures
” are any
technology, device or component which is designed, in the normal
course of its operation, to protect a copyright work other than a
computer program.
(2) Such measures are “effective” if the use of the work is controlled by the
copyright owner through —
(a) an access control or protection process such as encryption,
scrambling or other transformation of the work, or
(b) a copy control mechanism,
which achieves the intended protection.
(3) In this section, the reference to —
(a) protection of a work is to the prevention or restriction of acts that
are not authorised by the copyright owner of that work and are
restricted by copyright; and
Section 163 Copyright Act 1991
Page 142 AT 8 of 1991 c
(b) use of a work does not extend to any use of the work that is
outside the scope of the acts restricted by copyright.270
Rights management information271
163ZG Electronic rights management information
(1) This section applies where a person, knowingly and without authority,
removes or alters electronic rights management information which —
(a) is associated with a copy of a copyright work, or
(b) appears in connection with the communication to the public of a
copyright work, and
where that person knows, or has reason to believe, that by so doing he is
inducing, enabling, facilitating or concealing an infringement of
copyright.
(2) This section also applies where a person, knowingly and without
authority, distributes, imports for distribution or communicates to the
public copies of a copyright work from which electronic rights
management information —
(a) associated with the copies, or
(b) appearing in connection with the communication to the public of
the work,
has been removed or altered without authority and where that person
knows, or has reason to believe, that by so doing he is inducing,
enabling, facilitating or concealing an infringement of copyright.
(3) A person issuing to the public copies of, or communicating, the work to
the public, has the same rights against the persons specified in
subsections (1) and (2) as a copyright owner has in respect of an
infringement of copyright.
(4) The copyright owner or his exclusive licensee, if he is not the person
issuing to the public copies of, or communicating, the work to the public,
also has the same rights against the persons specified in subsections (1)
and (2) as he has in respect of an infringement of copyright.
(5) The rights conferred by subsections (3) and (4) are concurrent, and
sections 100(3) and 101(1) to (4) apply, in proceedings under this section,
in relation to persons with concurrent rights as they apply, in
proceedings mentioned in those provisions, in relation to a copyright
owner and exclusive licensee with concurrent rights.
(6) The following provisions apply in relation to proceedings under this
section as in relation to proceedings under this Act in relation to
copyright —
Copyright Act 1991 Section 163
c AT 8 of 1991 Page 143
(a) sections 103 to 105 (presumptions as to certain matters relating to
copyright); and
(b) section 52 of the High Court Act 1991 (withdrawal of privilege
against self-incrimination in certain proceedings relating to
intellectual property).
(7) In this section “rights management information” means —
(a) any information provided by the copyright owner or the holder of
any right under copyright which identifies the work, the author,
the copyright owner or the holder of any intellectual property
rights, or
(b) information about the terms and conditions of use of the work,
and any numbers or codes that represent such information.272
Computer programs
163A Avoidance of certain terms
(1) Where a person has the use of a computer program under an agreement,
any term or condition in the agreement shall be void in so far as it
purports to prohibit or restrict —
(a) the making of any back-up copy of the program which it is
necessary for him to have for the purposes of the agreed use;
(b) where the conditions in section 50B(2) are met, the decompiling of
the program; or
(c) the observing, studying or testing of the functioning of the
program in accordance with section 50BA.273
(2) In this section “decompile”, in relation to a computer program, has the
same meaning as in section 50B.274
Databases
163B Avoidance of certain terms relating to databases
Where under an agreement a person has a right to use a database or part of a
database, any term or condition in the agreement shall be void in so far as it
purports to prohibit or restrict the performance of any act which would but for
section 50D infringe the copyright in the database.275
Section 164 Copyright Act 1991
Page 144 AT 8 of 1991 c
Fraudulent reception of programmes
164 Fraudulently receiving programmes
[P1988/48/297]
(1) A person who dishonestly receives a programme included in a
broadcasting service provided from a place within the Island with intent
to avoid payment of any charge applicable to the reception of the
programme is guilty of an offence and liable on summary conviction to a
fine not exceeding £5,000.276
(2) Section 109 (offence by body corporate: liability of officers) applies to an
offence under this section as it applies to an offence under section 106.
164A Unauthorised decoders
[P1988/48/297A]
(1) A person who makes, imports, sells or lets for hire, offers or exposes for
sale or hire, or advertises for sale or hire, any unauthorised decoder is
guilty of an offence and liable —
(a) on summary conviction to a fine not exceeding £5,000;
(b) on conviction on information to custody for a term not exceeding
10 years or to a fine, or to both.277
278
(2) It is a defence to any prosecution for an offence under this section for the
defendant to prove that he did not know, and had no reasonable ground
for knowing, that the decoder was an unauthorised decoder.
(3) In this section —
“apparatus” includes any device, component or electronic data;
“decoder” means any apparatus which is designed or adapted to enable
(whether on its own or with any other apparatus) an encrypted
transmission to be decoded;
“transmission” means any programme included in a broadcasting service which
is provided from a place in the Island;279
“unauthorised”, in relation to a decoder, means a decoder which will enable
encrypted transmissions to be viewed in decoded form without payment
of the fee (however imposed) which the person making the transmission,
or on whose behalf it is made, charges for viewing those transmissions,
or viewing any service of which they form part.280
164B Unauthorised decoders: search warrants
(1) Where a justice of the peace is satisfied by information on oath given by a
constable that there are reasonable grounds for believing —
Copyright Act 1991 Section 164
c AT 8 of 1991 Page 145
(a) that an offence under section 164A(1) has been or is about to be
committed in any premises, and
(b) that evidence that such an offence has been or is about to be
committed is in those premises,
he may issue a warrant authorising a constable to enter and search the
premises, using such reasonable force as is necessary.
(2) The power conferred by subsection (1) does not extend to authorising a
search for material of the kinds mentioned in section 12(2) of the Police
Powers and Procedures Act 1998 (certain classes of personal or confidential
material).
(3) A warrant under subsection (1) —
(a) may authorise persons to accompany any constable executing the
warrant, and
(b) remains in force for 28 days from the date of its issue.
(4) In executing a warrant issued under subsection (1) a constable may seize
an article if he reasonably believes that it is evidence that any offence
under section 164A(1) has been or is about to be committed.
(5) In this section “premises” includes land, buildings, fixed or moveable
structures, vehicles, vessels, aircraft and hovercraft.281
164C Forfeiture of unauthorised decoders
(1) Where unauthorised decoders have come into the possession of any
person in connection with the investigation or prosecution of a relevant
offence, that person may apply under this section for an order for the
forfeiture of the unauthorised decoders.
(2) For the purposes of this section “relevant offence” means —
(a) an offence under section 164A(1) (criminal liability for making,
importing, etc. unauthorised decoders),
(b) an offence under the Consumer Protection (Trade Descriptions) Act
1970, or
(c) an offence involving dishonesty or deception.
(3) An application under this section may be made —
(a) where proceedings have been brought in any court for a relevant
offence relating to some or all of the unauthorised decoders, to
that court, or
(b) where no application for the forfeiture of the unauthorised
decoders has been made under paragraph (a), by way of
complaint to a court of summary jurisdiction.
(4) On an application under this section, the court shall make an order for
the forfeiture of any unauthorised decoders only if it is satisfied that a
Section 165 Copyright Act 1991
Page 146 AT 8 of 1991 c
relevant offence has been committed in relation to the unauthorised
decoders.
(5) A court may infer for the purposes of this section that such an offence
has been committed in relation to any unauthorised decoders if it is
satisfied that such an offence has been committed in relation to
unauthorised decoders which are representative of the unauthorised
decoders in question (whether by reason of being of the same design or
part of the same consignment or batch or otherwise).
(6) Any person aggrieved by an order made under this section by a court of
summary jurisdiction, or by a decision of such a court not to make such
an order, may appeal against that order or decision to the High Court.
(7) An order under this section may contain such provision as appears to the
court to be appropriate for delaying the coming into force of the order
pending the making and determination of any appeal (including any
application under section 109 of the Summary Jurisdiction Act 1989
(statement of case)).
(8) Subject to subsection (9), where any unauthorised decoders are forfeited
under this section they shall be destroyed in accordance with such
directions as the court may give.
(9) On making an order under this section the court may direct that the
unauthorised decoders to which the order relates shall (instead of being
destroyed) be forfeited to a person who has rights or remedies under
section 165 in relation to the unauthorised decoders in question, or dealt
with in such other way as the court considers appropriate.282
165 Rights and remedies in respect of apparatus etc
[P1988/48/298]
(1) A person who —
(a) makes charges for the reception of programmes included in a
broadcasting service provided from a place within the Island, or283
(b) sends encrypted transmissions of any other description from a
place in the Island,
is entitled to the following rights and remedies.
(2) He has the same rights and remedies against a person who —
(a) makes, imports or sells or lets for hire, offers or exposes for sale or
hire, or advertises for sale or hire, any apparatus or device
designed or adapted to enable or assist persons to receive the
programmes or other transmissions when they are not authorised
by him to do so, or284
Copyright Act 1991 Section 166
c AT 8 of 1991 Page 147
(b) publishes any information which is calculated to enable or assist
persons to receive the programmes or other transmissions when
they are not authorised by him to do so,
as a copyright owner has in respect of an infringement of copyright.
(3) Further, he has the same rights under section 98 or 99 (delivery up or
seizure of certain articles) in relation to any such apparatus or device as a
copyright owner has in relation to an infringing copy.
(4) In section 97(l) (innocent infringement of copyright) as it applies to
proceedings for infringement of the rights conferred by this section, the
reference to the defendant not knowing or having reason to believe that
copyright subsisted in the work shall be construed as a reference to his
not knowing or having reason to believe that his acts infringed the rights
conferred by this section.
(5) Section 113 (order as to disposal of infringing copy or other article)
applies, with the necessary modifications, in relation to the disposal of
anything delivered up or seized by virtue of subsection (3).
166 Supplementary provisions as to fraudulent reception
[P1988/48/299]
(1) The Council of Ministers may by order 285
—
(a) provide that section 164 applies in relation to programmes
included in services provided from a country outside the Island,
and
(b) provide that section 165 applies in relation to such programmes
and to encrypted transmissions sent from such a country.
(2) No such order shall be made unless it appears to the Council of Ministers
that provision has been or will be made under the laws of that country
giving adequate protection to persons making charges for programmes
included in broadcasting services provided from the Island or, as the
case may be, for encrypted transmissions sent from the Island.286
(3) Where sections 164 and 165 apply in relation to a broadcasting service,
they also apply to any service run for the person providing that service,
or a person providing programmes for that service, which consists
wholly or mainly in the sending by means of a telecommunication
system of sounds or visual images, or both.287
Transitional provisions and savings
167 Transitional provisions and savings
(1) Schedule 1 contains transitional provisions and savings relating to works
made, and acts or events occurring, before the commencement of this
Section 168 Copyright Act 1991
Page 148 AT 8 of 1991 c
Act, and otherwise with respect to the operation of the provisions of this
Act.
(2) The Department may by regulations amend Schedule 1 to reduce the
duration of copyright in existing works which are unpublished.288
(3) The regulations may provide for the copyright to expire —
(a) at the end of the term of protection specified in section 12 or at
any later time;
(b) subject to that, on the commencement of the regulations or at any
later time.289
(4) “Existing works
” has the same meaning as in Schedule 1.290
(5) Regulations under subsection (2) may —
(a) make supplementary or transitional provision;
(b) make consequential provision, including provision amending any
statutory provision made before the commencement of section 8
of the Copyright etc. (Amendment) Act 2014.291
168 Rights and privileges under other enactments or the common law
[P1988/48/171]
(1) Nothing in this Act affects —
(a) any right or privilege of any person under any enactment (except
where the enactment is expressly repealed, amended or modified
by this Act);
(b) any right or privilege of the Crown subsisting otherwise than
under a statutory provision;
(c) any right or privilege of Tynwald, the Council or the Keys;
(d) the right of the Crown or any person deriving title from the
Crown to sell, use or otherwise deal with articles forfeited under
the laws relating to customs and excise;
(e) the operation of any rule of equity relating to breaches of trust or
confidence.
(2) Subject to those savings, no copyright or right in the nature of copyright
shall subsist otherwise than by virtue of this Act or some other statutory
provision in that behalf.
(3) Nothing in this Act affects any rule of law preventing or restricting the
enforcement of copyright, on grounds of public interest or otherwise.
(4) Nothing in this Act affects any right of action or other remedy, whether
civil or criminal, available otherwise than under this Act in respect of
acts infringing any of the rights conferred by Part IV (moral rights).
Copyright Act 1991 Section 169
c AT 8 of 1991 Page 149
(5) The savings in subsection (1) have effect subject to section 157(5) and
159(4) (copyright in Acts, Measures and Bills: exclusion of other rights in
the nature of copyright).
Interpretation
169 General provisions as to construction
[P1988/48/172; SI 1986/1299]
(1) This Act (except sections 163 to 166) restates and amends the law of
copyright, that is, the provisions of the Copyright Act 1956 (an Act of
Parliament) as it had effect in the Island immediately before the
commencement of this Act.
(2) A provision of this Act which corresponds to a provision of the previous
law shall not be construed as departing from the previous law merely
because of a change of expression.
(3) Decisions under the previous law may be referred to for the purpose of
establishing whether a provision of this Act departs from the previous
law, or otherwise for establishing the true construction of this Act.
169A Meaning of EEA national and EEA state
(1) Subject to subsection (2), in this Act —
“the EEA
” means the European Economic Area;
“EEA state
” means a member State of the European Union, Iceland,
Liechtenstein or Norway.
(2) References in this Act to a person being a national of an EEA state shall
be construed in relation to a body corporate as references to its being
incorporated under the law of an EEA state or of the Island.
(3) References in this Act to publishing anything or putting anything into
circulation in the EEA include publishing it or putting it into circulation
in the Island.292
170 Construction of references to copyright owner
[P1988/48/173]
(1) Where different persons are (whether in consequence of a partial
assignment or otherwise) entitled to different aspects of copyright in a
work, the copyright owner for any purpose of this Act is the person who
is entitled to the aspect of copyright relevant for that purpose.
(2) Where copyright (or any aspect of copyright) is owned by more than one
person jointly, references in this Act to the copyright owner are to all the
owners, so that, in particular, any requirements of the licence of the
copyright owner requires the licence of all of them.
Section 171 Copyright Act 1991
Page 150 AT 8 of 1991 c
171 Meaning of “educational establishment” and related expressions
[P1988/48/174]
(1) The expression “educational establishment
” in a provision of this Act
means —
(a) any school, and
(b) any other description of educational establishment specified for
the purposes of this Act, or that provision, by order of the
Department.
(2) The Department may by order provide that the provisions of this Act
relating to educational establishments shall apply, with such
modifications and adaptations as may be specified in the order, in
relation to teachers who are employed by the Department of Education
and Children to give instruction elsewhere to pupils who are unable to
attend an educational establishment.293
(3) In subsection (1)(a) “school” has the same meaning as in the Education
Act 2001.294
(4) An order under subsection (1)(b) may specify a description of education
establishment by reference to the instruments from time to time in force
under any enactment specified in the order.
(5) In relation to an educational establishment the expressions “teacher
” and
“pupil
” in this Act include, respectively, any person who gives and any
person who receives instruction.
(6) References in this Act to anything being done “on behalf of” an
educational establishment are to its being done for the purposes of that
establishment by any person.
172 Meaning of publication and commercial publication
[P1988/48/175]
(1) In this Act “publication
”, in relation to a work —
(a) means the issue of copies to the public, and
(b) includes, in the case of a literary, dramatic, musical or artistic
work, making it available to the public by means of an electronic
retrieval system;
and related expressions shall be construed accordingly.
(2) In this Act “commercial publication
”, in relation to a literary, dramatic,
musical or artistic work means —
(a) issuing copies of the work to the public at a time when copies
made in advance of the receipt of orders are generally available to
the public, or
(b) making the work available to the public by means of an electronic
retrieval system;
Copyright Act 1991 Section 173
c AT 8 of 1991 Page 151
and related expressions shall be construed accordingly.
(3) In the case of a work of architecture in the form of a building, or an
artistic work incorporated in a building, construction of the building
shall be treated as equivalent to publication of the work.
(4) The following do not constitute publication for the purposes of this Act
and references to commercial publication shall be construed
accordingly —
(a) in the case of a literary, dramatic or musical work —
(i) the performance of the work, or
(ii) the communication to the public of the work (otherwise
than for the purposes of an electronic retrieval system);295
(b) in the case of an artistic work —
(i) the exhibition of the work;
(ii) the issue to the public of copies of a graphic work
representing, or of photographs of, a work of architecture
in the form of a building or a model for a building, a
sculpture or a work of artistic craftsmanship,
(iii) the issue to the public of copies of a film including the
work, or
(iv) the communication to the public of the work (otherwise
than for the purposes of an electronic retrieval system);296
(c) in the case of a sound recording or film —
(i) the work being played or shown in public, or
(ii) the communication to the public of the work.297
(5) References in this Act to publication or commercial publication do not
include publication which is merely colourable and not intended to
satisfy the reasonable requirements of the public.
(6) No account shall be taken for the purposes of this section of any
unauthorised act.
173 Requirement of signature: application in relation to body corporate
[P1988/48/176]
(1) The requirement in the following provisions that an instrument be
signed by or on behalf of a person is also satisfied in the case of a body
corporate by the affixing of its seal —
section 78(3)(b) (assertion by licensor of right to identification of
author in case of public exhibition of copy made in pursuance of
the licence),
section 90(3) (assignment of copyright),
section 91(l) (assignment of future copyright),
Section 174 Copyright Act 1991
Page 152 AT 8 of 1991 c
section 92(l) (grant of exclusive licence).
(2) The requirement in the following provisions that an instrument be
signed by a person is satisfied in the case of a body corporate by
signature on behalf of the body or by the affixing of its seal —
section 78(2)(b) (assertion by instrument in writing of right to
have author identified),
section 87(2) (waiver of moral rights).
174 Minor definitions
[P1988/48/178]
In this Act —
“article
”, in the context of an article in a periodical, includes an item of any
description;
“business
” includes a trade or profession;
“collective work
” means —
(a) a work of joint authorship, or
(b) a work in which there are distinct contributions by different
authors or in which works or parts of works of different authors
are incorporated;
“computer-generated
”, in relation to a work, means that the work is generated
by computer in circumstances such that there is no human author of the
work;
“country
” includes any territory;
“the Crown
” means the Crown in right of the Island and includes any
Department or Statutory Board;
“the Department
” means the Department of Economic Development;298
“electronic
” means actuated by electric, magnetic, electro-chemical or electro-
mechanical energy;
“in electronic form
” means in a form usable only by electronic means;
“employed
”, “employee
”, “employer
” and “employment
” refer to
employment under a contract of service or of apprenticeship;
“the EU Treaties
” has the same meaning as in the European Communities (Isle of
Man) Act 1973;299
“facsimile copy
” includes a copy which is reduced or enlarged in scale;
“international organisation
” means an organisation the members of which
include one or more states;
Copyright Act 1991 Section 174
c AT 8 of 1991 Page 153
“judicial proceedings
” includes proceedings before any court, tribunal or
person having authority to decide any matter affecting a person’s legal
rights or liabilities;
“producer
”, in relation to a sound recording or a film, means the person by
whom the arrangements necessary for the making of the sound recording
or film are undertaken;300
“the Public Record Office
” means the record office referred to in section 1(1) of
the Public Records Act 1999, and includes any repository referred to in
section 1(5)(b) of that Act;301
“rental right
” means the right of a copyright owner to authorise or prohibit the
rental of copies of the work (see section 18A);302
“reprographic copy
” and “reprographic copying
” refer to copying by means of
a reprographic process;
“reprographic process
” means a process —
(a) for making facsimile copies, or
(b) involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying
by electronic means, but does not include the making of a film or sound
recording;
“sufficient acknowledgement
” means an acknowledgement identifying the
work in question by its title or other description, and identifying the
author unless —
(a) in the case of a published work, it is published anonymously;
(b) in the case of an unpublished work, it is not possible for a person
to ascertain the identity of the author by reasonable inquiry;
“sufficient disclaimer
”, in relation to an act capable of infringing the right
conferred by section 80 (right to object to derogatory treatment of work),
means a clear and reasonably prominent indication —
(i) given at the time of the act, and
(ii) if the author or director is then identified, appearing along
with the identification,
that the work has been subjected to treatment to which the author
or director has not consented;
“telecommunication system
” means a system for conveying visual images,
sounds or other information by electronic means;
“Tynwald proceedings
” includes proceedings in the Council and the Keys and
in any committee of Tynwald, the Council or the Keys;
“typeface
” includes an ornamental motif used in printing;
Section 175 Copyright Act 1991
Page 154 AT 8 of 1991 c
“unauthorised
”, as regards anything done in relation to a work, means done
otherwise than —
(a) by or with the licence of the copyright owner, or
(b) if copyright does not subsist in the work, by or with the licence of
the author or, in a case where section 11(2) would have applied,
the author’s employer or, in either case, persons lawfully claiming
under him, or
(c) in pursuance of section 48 (copying etc. of certain material by the
Crown);
“wireless telegraphy
” means the sending of electro-magnetic energy over paths
not provided by a material substance constructed or arranged for that
purpose, but does not include the transmission of microwave energy
between terrestrial fixed points;303
“writing
” includes any form of notation or code, whether by hand or otherwise
and regardless of the method by which, or medium in or on which, it is
recorded, and
“written
” shall be construed accordingly.
175 Index of defined expressions
304
[P1988/48/179]
The following Tables shows provisions defining or otherwise explaining
expressions used in this Act (other than provisions defining or explaining an
expression used only in the same section) — accessible copy section 31F(1)
adaptation section 21(3)
approved body section 31F(3)
archivist (in sections 37 to 43) section 37(4)
article (in a periodical) section 174
artistic work section 4(1)
author sections 9 and 10(3)
broadcast (and related expressions) section 6
building section 4(2)
business section 174
collective work section 174
commencement (in Schedule 1) paragraph 1 of that Schedule
commercial publication section 172
the EU Treaties305
section 174
computer-generated section 174
copy and copying section 17
copyright (generally) section 1
copyright (in Schedule 1) paragraph 2 of that Schedule
copyright owner sections 100(2) and 170
copyright work section 1(2)
country section 174
country of origin section 15A
the Crown section 174
Copyright Act 1991 Section 175
c AT 8 of 1991 Page 155
Crown copyright sections 156(2) and 157(3)
database section 3A(1)
the Department section 174
dramatic work section 3(1)
the EEA, EEA state and national of an EEA state section 169A
educational establishment section 171
electronic and electronic form section 174
employed, employee, employer and employment section 174
excepted sound recording section 72(1A)
exclusive licence section 92(1)
existing works (in Schedule 1) paragraph 1 of that Schedule
facsimile copy section 174
film section 5A
future copyright section 91(2)
general licence (in sections 138 and 139) section 138(6)
graphic work section 4(2)
infringing copy section 27
international organisation section 174
issue of copies to the public section 18(2)
joint authorship (work of) section 10(1) and (2)
judicial proceeding section 174
lawful user (in sections 50A to 50C) section 50A(2)
librarian (in sections 37 to 43) section 37(6)
licence (in sections 123 to 126) section 122
licence of copyright owner sections 90(4), 91(3) and 170
licensing body (in Part VII) section 114(2)
licensing scheme (generally) section 114(1)
licensing scheme (in sections 116 to 121) section 115
literary work section 3(1)
made (in relation to a literary dramatic or musical
work)
section 3(2)
musical work section 3(1)
the 1911 Act (in Schedule 1) paragraph 1 of that Schedule
the 1949 Act (in Schedule 1) paragraph 1 of that Schedule
the 1956 Act (in Schedule 1) paragraph 1 of that Schedule
needletime section 133A
on behalf of (in relation to an educational
establishment)
section 171(6)
original (in relation to a database) section 3A(2)
performance section 19(2)
photograph section 4(2)
prescribed conditions (in sections 38 to 43) section 37(l)(b)
prescribed library or archive (in sections 38 to 43) section 37(1)(a)
producer (in relation to a sound recording or film) section 174
programme (in the context of broadcasting) section 6(3)
prospective owner (of copyright) section 91(2)
Public Record Office section 174
publication and related expressions section 172
published edition (in the context of copyright in
the typographical arrangement)
section 8
pupil section 171(5)
Section 176 Copyright Act 1991
Page 156 AT 8 of 1991 c
rental section 18A(2)
rental right section 174
reprographical copies and reprographic copying section 174
reprographic process section 174
sculpture section 4(2)
signed section 173
sound recording sections 5 and 133A
sufficient acknowledgement section 174
sufficient disclaimer section 174
teacher section 171(5)
telecommunication system section 174
terms of payment section 133A
the Tribunal section 142
Tynwald copyright sections 158(2) and (7) and 159(3)
Tynwald proceedings section 174
typeface section 174
unauthorised (as regards things done in relation
to a work)
section 174
unknown (in relation to the author of a work) section 9(5)
unknown authorship (work of) section 9(4)
visually impaired person section 31F(3)
wireless telegraphy section 174
work (in Schedule 1) paragraph 2(2) of that Schedule
work of more than one author (in Part VII) section 114(4)
writing and written section 174
Supplemental
176 Orders, rules and regulations
(1) Subject to subsection (2), subordinate legislation made under this Act
shall not have effect unless it is approved by Tynwald.
(2) Orders made under —
section 6A(4)(c) (designation of Convention country),
sections 135 and 136 (reprographic copying by educational
establishments),
section 141 (certification of schemes) or
section 179 (commencement),
shall be laid before Tynwald.306
(3) Any subordinate legislation made under any provision of this Act may,
instead of or as well as making separate provision, provide that any
statutory instrument made under a corresponding provision of Part I of
the Copyright, Designs and Patents Act 1988 (an Act of Parliament) shall
have effect in the Island as part of the law of the Island, subject to such
exceptions and modifications as may be specified in the subordinate
legislation.
Copyright Act 1991 Section 177
c AT 8 of 1991 Page 157
(4) In this section “subordinate legislation” means any order, rules or
regulations made by the Council of Ministers, the Governor in Council or
any Department.307
(5) Subsection (3) applies to rules referred to in section 145(1) as it applies to
subordinate legislation made under any provision of this Act.308
177 [Repealed]
309
178 Consequential amendments and revocations
(1) The enactments specified in Schedule 2 are amended in accordance with
that Schedule.
(2) The orders specified in Schedule 3 are revoked to the extent specified in
column 3 of that Schedule.
179 Short title and commencement
(1) This Act may be cited as the Copyright Act 1991.
(2) This Act shall come into operation on such day as the Governor in
Council may by order appoint.310
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 159
Schedule 1
TRANSITIONAL PROVISIONS
Section 167 [P1988/48/Sch 1]
Introductory
1. In this Schedule —
“the 1911 Act
” means the Copyright Act 1911 (an Act of Parliament);
“the 1949 Act
” means the Registered Designs Act 1949 (an Act of Parliament);
“the 1956 Act
” means the Copyright Act 1956 (an Act of Parliament), as it had
effect in the Isle of Man;
“commencement
” means the commencement of this Act;
“existing works
” means works made before commencement; and for this
purpose a work of which the making extended over a period shall be
taken to have been made when its making was completed.
2. (1) In relation to the 1911 Act —
(a) references in this Schedule to copyright include the right
conferred by section 24 of that Act in substitution for the right
subsisting immediately before the 5th July 1912;
(b) references in this Schedule to copyright in a sound recording are
to the copyright under that Act in records embodying the
recording;
(c) references in this Schedule to copyright in a film are to any
copyright under that Act in the film (so far as it constituted a
dramatic work for the purposes of that Act) or in photographs
forming part of the film.
(2) In relation to the 1956 Act references in this Schedule to a work include
any work or other subject-matter within the meaning of that Act.
General principles: continuity of the law
3. This Act applies in relation to things existing at commencement as it applies in
relation to things coming into existence after commencement, subject to any express
provision to the contrary.
4. (1) This paragraph has effect for securing the continuity of the law so far as
this Act re-enacts (with or without modification) earlier provisions.
(2) A reference in a statutory provision, instrument or other document to
copyright, or to a work or other subject-matter in which copyright subsists, which
apart from this Act would be construed as referring to copyright under the 1956 Act
Schedule 1 Copyright Act 1991
Page 160 AT 8 of 1991 c
shall be construed, so far as may be required for continuing its effect, as being, or as the
case may require, including a reference to copyright under this Act or to works in
which copyright subsists under this Act.
(3) Section 16(2) and (3) of the Interpretation Act 1976 (effect of substituting
provision) has effect in relation to this Act as if the 1911 Act and the 1956 Act were
enactments repealed by this Act.
(4) This paragraph has effect subject to any specific transitional provision or
saving and to any express amendment made by this Act.
Subsistence of copyright
5. (1) Copyright subsists in an existing work after commencement only if
copyright subsisted in it immediately before commencement.
(2) Sub-paragraph (1) does not prevent an existing work qualifying for
copyright protection after commencement —
(a) under section 150 (qualification by reference to country of first
publication), or
(b) by virtue of an order under section 152 (application in relation to
other countries).
6. (1) Copyright shall not subsist by virtue of this Act in an artistic work made
before 31st May 1959 which at the time when the work was made constituted a design
capable of registration under the 1949 Act or under the Acts repealed by that Act, and
was used or intended to be used as a model or pattern to be multiplied by an industrial
process.
(2) For this purpose a design shall be deemed to be used as a model or
pattern to be multiplied by an industrial process —
(a) when the design is reproduced or is intended to be reproduced on
more than 50 single articles, unless all the articles in which the
design is reproduced or is intended to be reproduced together
form only a single set of articles as defined in section 44(1) of the
1949 Act, or
(b) when the design is to be applied to —
(i) printed paper hangings,
(ii) carpets, floor cloths or oil cloths, manufactured or sold in
lengths or pieces,
(iii) textile piece goods, or textile goods manufactured or sold
in lengths or pieces, or
(iv) lace, not made by hand.
7. (1) No copyright subsists in a film, as such, made before 31st May 1959.
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 161
(2) Where a film made before that date was an original dramatic work
within the meaning of the 1911 Act, this Act has effect in relation to the film as if it was
an original dramatic work within the meaning of this Act.
(3) This Act has effect in relation to photographs forming part of a film
made before 31st May 1959 as it has effect in relation to photographs not forming part
of a film.311
8. (1) A film sound-track to which section 13(9) of the 1956 Act applied before
commencement (film being taken to include sounds in associated sound-track) shall be
treated for the purposes of this Act not as part of the film but as a sound recording.
(2) However —
(a) copyright subsists in the sound recording only if copyright
subsisted in the film immediately before commencement, and it
continues to subsist until copyright in the film expires;
(b) the author and first owner of copyright in the film shall be treated
as having been author and first owner of the copyright in the
sound recording; and
(c) anything done before commencement under or in relation to the
copyright in the film continues to have effect in relation to the
sound recording as in relation to the film.
9. No copyright subsists in —
(a) a broadcast made before 31st May 1959, or
(b) a cable programme included in a cable programme service before
1st September 1986;
and any such broadcast or cable programme shall be disregarded for the
purposes of section 14(5) (duration of copyright in repeats).312
Authorship of work
10. The question who was the author of an existing work shall be determined in
accordance with this Act for the purposes of the rights conferred by Part IV (moral
rights), and for all other purposes shall be determined in accordance with the law in
force at the time the work was made.
First ownership of copyright
11. (1) The question who was the first owner of copyright in an existing work
shall be determined in accordance with the law in force at the time the work was made.
(2) Where before commencement a person commissioned the making of a
work in circumstances falling within —
(a) section 4(3) of the 1956 Act or paragraph (a) of the proviso to
section 5(l) of the 1911 Act (photograph, portraits and
engravings), or
Schedule 1 Copyright Act 1991
Page 162 AT 8 of 1991 c
(b) the proviso to section 12(4) of the 1956 Act (sound recordings),
those provisions apply to determine first ownership of copyright
in any work made in pursuance of the commission after
commencement.
Duration of copyright in existing works
12. (1) The following provisions have effect with respect to the duration of
copyright in existing works.
The question which provision applies to a work shall be determined by reference to the
facts immediately before commencement; and expressions used in this paragraph
which were defined for the purposes of the 1956 Act have the same meaning as in that
Act.
(2) Copyright in the following descriptions of work continues to subsist
until the date on which it would have expired under the 1956 Act —
(a) literary, dramatic or musical works in relation to which the period
of 50 years mentioned in the proviso to section 2(3) of the 1956 Act
(duration of copyright in works made available to the public after
the death of the author) has begun to run;
(b) engravings in relation to which the period of 50 years mentioned
in the proviso to section 3(4) of the 1956 Act (duration of
copyright in works published after the death of the author) has
begun to run;
(c) published photographs and photographs taken before 31st May
1959;
(d) published sound recordings and sound recordings made before
31st May 1959;
(e) published films and films falling within section 13(3)(a) of the
1956 Act (films registered under former Acts relating to
registration of films).
(3) Copyright in anonymous or pseudonymous literary, dramatic, musical
or artistic works (other than photographs) continues to subsist —
(a) if the work is published, until the date on which it would have
expired in accordance with the 1956 Act, and
(b) if the work is unpublished, until the end of the period of 50 years
from the end of the calendar year in which this Act comes into
force, or, if during that period the work is first made available to
the public within the meaning of section 12(2) (duration of
copyright in works of unknown authorship), the date on which
copyright expires in accordance with that provision;
unless, in any case, the identity of the author becomes known before that date, in
which case section 12(l) applies (general rule: life of the author plus 50 years).
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 163
(4) Copyright in the following descriptions of work continues to subsist
until the end of the period of 50 years from the end of the calendar year in which this
Act comes into force —
(a) literary, dramatic and musical works of which the author has died
and in relation to which none of the acts mentioned in
paragraphs (a) to (e) of the proviso to section 2(3) of the 1956 Act
has been done;
(b) unpublished engravings of which the author has died;
(c) unpublished photographs taken on or after 31st May 1959.
(5) Copyright in the following descriptions of work continues to subsist
until the end of the period of 50 years from the end of the calendar year in which this
Act comes into force —
(a) unpublished sound recordings made on or after 31st May 1959;
(b) films not falling within sub-paragraph (2)(e),
unless the recording or film is published before the end of that period, in which case
copyright in it shall continue until the end of the period of 50 years from the end of the
calendar year in which the recording or film is published.
(6) Copyright in any other description of existing work continues to subsist
until the date on which copyright in that description of work expires in accordance
with sections 12 to 15.
(7) The above provisions do not apply to works subject to Crown or
Tynwald copyright (see paragraphs 38 to 42).
Acts infringing copyright
13. (1) The provisions of Parts II and III as to the acts constituting an
infringement of copyright apply only in relation to acts done after commencement; the
provisions of the 1956 Act continue to apply in relation to acts done before
commencement.
(2) So much of section 18(2) as extends the restricted act of issuing copies to
the public to include the rental to the public of copies of sound recordings, films or
computer programs does not apply in relation to a copy of a sound recording, film or
computer program acquired by any person before commencement for the purpose of
renting it to the public.
(3) For the purposes of section 27 (meaning of “infringing copy”) the
question whether the making of an article constituted an infringement of copyright, or
would have done if the article had been made in the Island, shall be determined —
(a) in relation to an article made on or after 31st May 1959 and before
commencement, by reference to the 1956 Act, and
(b) in relation to an article made before 31st May 1959, by reference to
the 1911 Act.
Schedule 1 Copyright Act 1991
Page 164 AT 8 of 1991 c
(4) For the purposes of the application of sections 31(2), 51(2) and 62(3)
(subsequent exploitation of things whose making was, by virtue of an earlier provision
of the section, not an infringement of copyright) to things made before commencement,
it shall be assumed that this Act was in force at all material times.
(5) Section 55 (articles for producing material in a particular typeface)
applies where articles have been marketed as mentioned in section 55(l) before
commencement with the substitution for the period mentioned in section 55(2) of the
period of 25 years from the end of the calendar year in which this Act comes into force.
(6) Section 56 (transfer of copies of works in electronic form) does not apply
in relation to a copy purchased before commencement.
(7) In section 65 (reconstruction of buildings) the reference to the owner of
the copyright in the drawings or plans is, in relation to buildings constructed before
commencement, to the person who at the time of the construction was the owner of the
copyright in the drawings or plans under the 1956 Act, the 1911 Act or the Copyright
Act 1907.
14. (1) Section 57 (anonymous or pseudonymous works; acts permitted on
assumptions as to expiry of copyright or death of author) has effect in relation to
existing works subject to the following provisions.
(2) Subsection (1)(b)(i) (assumption as to expiry of copyright) does not apply
in relation to photographs.
(3) [Repealed]313
15. The following provisions of section 7 of the 1956 Act continue to apply in
relation to existing works —
(a) subsection (6) (copying of unpublished works from manuscript or
copy in library, museum or other institution);
(b) subsection (7) (publication of work containing material to which
subsection (6) applies), except paragraph (a) (duty to give notice
of intended publication);
(c) subsection (8) (subsequent broadcasting, performance etc. of
material published in accordance with subsection (7));
and subsection (9)(d) (illustrations) continues to apply for the
purposes of those provisions.
16. Where in the case of a dramatic or musical work made before 5th July 1912, the
right conferred by the 1911 Act did not include the sole right to perform the work in
public, the acts restricted by the copyright shall be treated as not including —
(a) performing the work in public,
(b) broadcasting the work or including it in a cable programme
service, or
(c) doing any of the above in relation to an adaptation of the work;
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 165
and where the right conferred by the 1911 Act consisted only of
the sole right to perform the work in public, the acts restricted by
the copyright shall be treated as consisting only of those acts.
17. Where a work made before 5th July 1912 consists of an essay, article or portion
forming part of and first published in a review, magazine or other periodical or work
of a like nature, the copyright is subject to any right of publishing the essay, article or
portion in a separate form to which the author was entitled on that date, or would if
the 1911 Act had not been passed have become entitled under section 18 of the
Copyright Act 1842 (an Act of Parliament).
Designs
18. Section 51 (exclusion of copyright protection in relation to works recorded or
embodied in design document or model) does not apply for 10 years after
commencement in relation to a design recorded or embodied in a design document or
model before commencement.
19. (1) Where section 10 of the 1956 Act (effect of industrial application of
design corresponding to artistic work) applied in relation to an artistic work at any
time before commencement, section 52(2) applies with the substitution for the period of
25 years mentioned there of the relevant period of 15 years as defined in section 10(3)
of the 1956 Act.
(2) Except as provided by sub-paragraph (1), section 52 applies only where
articles are marketed as mentioned in section 52(l)(b) after commencement.
Abolition of statutory recording licence
20. Section 8 of the 1956 Act (statutory licence to copy records sold by retail)
continues to apply where notice under subsection (1)(b) of that section was given
before that section ceased to have effect in the Island, but only in respect of the making
of records —
(a) within one year after it ceased to have effect, and
(b) up to the number stated in the notice as intended to be sold.
Moral rights
21. (1) No act done before commencement is actionable by virtue of any
provision of Part IV (moral rights).
(2) Section 43 of the 1956 Act (false attribution of authorship) continues to
apply in relation to acts done before commencement.
22. (1) The following provisions have effect with respect to the rights
conferred by —
(a) section 77 (right to be identified as author or director), and
(b) section 80 (right to object to derogatory treatment of work).
Schedule 1 Copyright Act 1991
Page 166 AT 8 of 1991 c
(2) The rights do not apply —
(a) in relation to a literary, dramatic, musical or artistic work of
which the author died before commencement; or
(b) in relation to a film made before commencement.
(3) The rights in relation to an existing literary, dramatic, musical or artistic
work do not apply —
(a) where copyright first vested in the author, to anything which by
virtue of an assignment of copyright made or licence granted
before commencement may be done without infringing copyright;
(b) where copyright first vested in a person other than the author, to
anything done by or with the licence of the copyright owner.
(4) The rights do not apply to anything done in relation to a record made in
pursuance of section 8 of the 1956 Act (statutory recording licence).
23. The right conferred by section 85 (right to privacy of certain photographs and
films) does not apply to photographs taken or films made before commencement.
Assignments and licences
24. (1) Any document made or event occurring before commencement which
had any operation —
(a) affecting the ownership of the copyright in an existing work, or
(b) creating, transferring or terminating an interest, right or licence in
respect of the copyright in an existing work,
has the corresponding operation in relation to copyright in the work under this Act.
(2) Expressions used in such a document shall be construed in accordance
with their effect immediately before commencement.
25. (1) Section 91(l) (assignment of future copyright: statutory vesting of legal
interest on copyright coming into existence) does not apply in relation to an agreement
made before 31st May 1959.
(2) Section 37(2) of the 1956 Act (assignment of future copyright: devolution
of right where assignee dies before copyright comes into existence) continues to have
effect in relation to an agreement made before commencement.
26. (1) Where the author of a literary, dramatic, musical or artistic work was the
first owner of the copyright in it, no assignment of the copyright and no grant of any
interest in it, made by him (otherwise than by will) after the passing of the 1911 Act
and before 31st May 1959, shall be operative to vest in the assignee or grantee any
rights with respect to the copyright in the work beyond the expiration of 25 years from
the death of the author.
(2) The reversionary interest in the copyright expectant on the termination
of that period may after commencement be assigned by the author during his life but
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 167
in the absence of any assignment shall, on his death, devolve on his legal personal
representatives as part of his estate.
(3) Nothing in this paragraph affects —
(a) an assignment of the reversionary interest by a person to whom it
has been assigned,
(b) an assignment of the reversionary interest after the death of the
author by his personal representatives or any person becoming
entitled to it, or
(c) any assignment of the copyright after the reversionary interest has
fallen in.
(4) Nothing in this paragraph applies to the assignment of the copyright in a
collective work or a licence to publish a work or part of a work as part of a collective
work.
(5) In sub-paragraph (4) “collective work” means —
(a) any encyclopaedia, dictionary, yearbook or similar work;
(b) a newspaper, review, magazine or similar periodical; and
(c) any work written in distinct parts by different authors, or in
which works or parts of works of different authors are
incorporated.
27. (1) This paragraph applies where copyright subsists in a literary, dramatic,
musical or artistic work made before 5th July 1912 in relation to which the author,
before that date, made such an assignment or grant as was mentioned in paragraph (a)
of the proviso to section 24(l) of the 1911 Act (assignment or grant of copyright or
performing right for full term of the right under the previous law).
(2) If before commencement any event has occurred or notice has been given
which by virtue of paragraph 38 of Schedule 7 to the 1956 Act had any operation in
relation to copyright in the work under that Act, the event or notice has the
corresponding operation in relation to copyright under this Act.
(3) Any right which immediately before commencement would by virtue of
paragraph 38(3) of that Schedule have been exercisable in relation to the work, or
copyright in it, is exercisable in relation to the work or copyright in it under this Act.
(4) If in accordance with paragraph 38(4) of that Schedule copyright would,
on a date after the 31st May 1959, have reverted to the author or his personal
representatives and that date falls after commencement —
(a) the copyright in the work shall revert to the author or his personal
representatives, as the case may be, and
(b) any interest of any other person in the copyright which subsists
on that date by virtue of any document made before 5th July 1912
shall thereupon determine.
Schedule 1 Copyright Act 1991
Page 168 AT 8 of 1991 c
28. Section 92(2) (rights of exclusive licensee against successors in title of person
granting licence) does not apply in relation to an exclusive licence granted before
commencement.
Bequests
29. (1) Section 93 (copyright to pass under will with original document or other
material thing embodying unpublished work) —
(a) does not apply where the testator died before 31st May 1959, and
(b) where the testator died on or after that date and before
commencement, applies only in relation to an original document
embodying a work.
(2) In the case of an author who died before 31st May 1959, the ownership
after his death of a manuscript of his, where such ownership has been acquired under a
testamentary disposition made by him and the manuscript is of a work which has not
been published or performed in public, is prima facie proof of the copyright being with
the owner of the manuscript.
Remedies for infringement
30. (1) Sections 96 and 97 (remedies for infringement) apply only in relation to
an infringement of copyright committed after commencement; section 17 of the 1956
Act continues to apply in relation to infringements committed before commencement.
(2) Sections 98 and 99 (delivery up or seizure of infringing copies etc.) apply
to infringing copies and other articles made before or after commencement; section 18
of the 1956 Act, and section 7 of the 1911 Act, (conversion damages etc.) do not apply
after commencement except for the purposes of proceedings begun before
commencement.
(3) Sections 100 and 101 (rights and remedies of exclusive licensee) apply
where sections 96 to 99 apply; section 19 of the 1956 Act continues to apply where
section 17 or 18 of that Act applies.
(4) Sections 103 to 105 (presumptions) apply only in proceedings brought by
virtue of this Act; section 20 of the 1956 Act continues to apply in proceedings brought
by virtue of that Act.
31. Sections 100 and 101 (rights and remedies of exclusive licensee) do not apply to
a licence granted before 31st May 1959.
32. (1) The provisions of section 106 (criminal liability for making or dealing
with infringing articles etc.) apply only in relation to acts done after commencement;
section 21 of the 1956 Act (penalties and summary proceedings in respect of dealings
which infringe copyright) continues to apply in relation to acts done before
commencement.
(2) Section 108 (search warrants) applies in relation to offences committed
before commencement in relation to which section 21A or 21B of the 1956 Act applied;
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 169
sections 21A and 21B of that Act continue to apply in relation to warrants issued before
commencement.
Copyright Tribunal
33. Rules made under paragraph 34 of Schedule 1 to the Copyright, Designs and
Patents Act 1988 (an Act of Parliament) with respect to the pending proceedings
mentioned in that paragraph shall have effect with respect to proceedings pending
under Part IV of the 1956 Act immediately before commencement, subject to such
modifications as the Department, with the concurrence of the Lord Chancellor, may by
order prescribe.
Qualification for copyright protection
34. Every work in which copyright subsisted under the 1956 Act immediately
before commencement shall be deemed to satisfy the requirements of this Act as to
qualification for copyright protection.
Application to other countries
35. (1) Until an order is made under section 152 in relation to a country
specified in sub-paragraph (2), sections 149 to 151 (qualification for copyright
protection) apply in relation to that country as if provision were made in such an order
for the application of those sections in relation to that country.
(2) The countries referred to in sub-paragraph (1) are —
(a) the United Kingdom;
(b) any of the Channel Islands;
(c) subject to sub-paragraph (3), any colony of the United Kingdom
to which any of the Copyright Acts extended immediately before
commencement;
(d) any country to which paragraph 37 (former dependent territories)
of Schedule 1 to the Copyright, Designs and Patents Act 1988 (an
Act of Parliament) applies which is for the time being treated, by
virtue of that paragraph, as a country to which Part I of that Act
extends for the purposes of sections 154 to 156 of that Act.
(3) Sub-paragraph (1) shall cease to apply to a colony referred to in sub-
paragraph (2)(c) if it ceases, by virtue of an Order in Council under section 158(3)(b) of
the Copyright, Designs and Patents Act 1988 (an Act of Parliament) (including that
section as applied by paragraph 36(5) of Schedule 1 to that Act), to be treated as a
country to which any of the Copyright Acts extend.
(4) In this paragraph “the Copyright Acts” means the 1911 Act, the
Copyright Act 1956 (an Act of Parliament) and Part I of the Copyright, Designs and
Patents Act 1988 (an Act of Parliament).
Schedule 1 Copyright Act 1991
Page 170 AT 8 of 1991 c
Territorial waters
36. Section 154 (application to things done in territorial waters) does not apply in
relation to anything done before commencement.
Manx ships
37. Section 155 (Manx ships) does not apply in relation to anything done before
commencement.
Crown copyright etc.
38. (1) Section 156 (general provisions as to Crown copyright) applies to an
existing work if —
(a) section 39 of the 1956 Act applied to the work immediately before
commencement, and
(b) the work is not one to which section 157, 158 or 159 applies
(copyright in Acts etc.) (see paragraphs 40 and 41).
(2) Section 156(l)(b) (first ownership of copyright) has effect subject to any
agreement entered into before commencement under section 39(6) of the 1956 Act.
39. (1) The following provisions have effect with respect to the duration of
copyright in existing works to which section 156 (Crown copyright) applies.
The question which provision applies to a work shall be determined by reference to the
facts immediately before commencement; and expressions used in this paragraph
which were defined for the purposes of the 1956 Act have the same meaning as in that
Act.
(2) Copyright in the following descriptions of work continues to subsist
until the date on which it would have expired in accordance with the 1956 Act —
(a) published literary, dramatic or musical works;
(b) artistic works other than engravings or photographs;
(c) published engravings;
(d) published photographs and photographs taken before 31st May
1959;
(e) published sound recordings and sound recordings made before
31st May 1959;
(f) published films and films falling within section 13(3)(a) of the
1956 Act (films registered under former enactments relating to
registration of films).
(3) Copyright in unpublished literary, dramatic or musical works continues
to subsist until —
Copyright Act 1991 Schedule 1
c AT 8 of 1991 Page 171
(a) the date on which copyright expires in accordance with
section 156(3), or
(b) the end of the period of 50 years from the end of the calendar year
in which this Act comes into force, whichever is the later.
(4) Copyright in the following descriptions of work continues to subsist
until the end of the period of 50 years from the end of the calendar year in which this
Act comes into force —
(a) unpublished engravings;
(b) unpublished photographs taken on or after 31st May 1959.
(5) Copyright in a film or sound recording not falling within sub-
paragraph (2) continues to subsist until the end of the period of 50 years from the end
of the calendar year in which this Act comes into force, unless the film or recording is
published before the end of that period, in which case copyright expires 50 years from
the end of the calendar year in which it is published.
40. Section 156(5) (vesting of Crown copyright) applies to an existing work, other
than a work —
(a) the copyright in which was immediately before commencement
vested in a Department (other than the Treasury), a Statutory
Board or a department of the government of the United Kingdom,
or
(b) the copyright in which has before commencement been assigned
to any other person.
41. (1) Section 157 (copyright in Acts and Measures) applies to existing Acts of
Tynwald, Acts of Parliament and Measures of the General Synod of the Church of
England.
(2) References in that section to Measures of the General Synod of the
Church of England include Church Assembly Measures.
Tynwald copyright
42. (1) Section 158 (general provisions as to Tynwald copyright) applies to
existing unpublished literary, dramatic, musical or artistic works, but does not
otherwise apply to existing works.
(2) Section 159 (copyright in Bills) does not apply to a Bill which was
introduced in the Council or the Keys before commencement.
Copyright vesting in certain international organisations
43. (1) Any work in which immediately before commencement copyright
subsisted by virtue of section 33 of the 1956 Act shall be deemed to satisfy the
requirements of section 161(l); but otherwise section 161 does not apply to works made
or, as the case may be, published before commencement.
Schedule 1A Copyright Act 1991
Page 172 AT 8 of 1991 c
(2) Copyright in any such work which is unpublished continues to subsist
until the date on which it would have expired in accordance with the 1956 Act, or the
end of the period of 50 years from the end of the calendar year in which this Act comes
into force, whichever is the earlier.
Meaning of “publication”
44. Section 172(3) (construction of building treated as equivalent to publication)
applies only where the construction of the building began after commencement.
Meaning of “unauthorised”
45. For the purposes of the application of the definition in section 174 of the
expression “unauthorised” in relation to things done before commencement —
(a) paragraph (a) applies in relation to things done before 31st May
1959 as if the reference to the licence of the copyright owner were
a reference to his consent or acquiescence;
(b) paragraph (b) applies with the substitution for the words from
“or, in a case” to the end, of the words “or any person lawfully
claiming under him”; and
(c) paragraph (c) shall be disregarded.
Schedule 1A
314
PERMITTED ACTS TO WHICH SECTION 163ZE APPLIES
section 29 (research and private study)
section 31A(6) and (9) (making a single accessible copy for personal use),
section 31B(9) and (10) (multiple copies for visually impaired persons),
section 31C(2) (intermediate copies held by approved bodies),
section 32(1), (2) and (3) (things done for purposes of instruction or
examination)
section 35 (recording by educational establishments of broadcasts)
section 36 (reprographic copying by educational establishments of
passages from published works)
section 38 (copying by librarians: articles in periodicals)
section 39 (copying by librarians: parts of published works)
section 41 (copying by librarians: supply of copies to other libraries)
section 42 (copying by librarians or archivists: replacement copies of
works)
section 43 (copying by librarians or archivists: certain unpublished
works)
Copyright Act 1991 Schedule 2
c AT 8 of 1991 Page 173
section 44 (copy of work required to be made as condition of export)
section 45 (Tynwald and judicial proceedings)
section 46 (inquiries)
section 47 (material open to public inspection or on official register)
section 48 (material communicated to the Crown in the course of public
business)
section 49 (public records)
section 50 (acts done under statutory authority)
section 61 (recordings of folksongs)
section 68 (incidental recording for purposes of broadcast)
section 69 (recording for purposes of supervision and control of
broadcasts)
section 70 (recording for purposes of time-shifting)
section 71 (photographs of broadcasts)
section 74 (provision of sub-titled copies of broadcast)
section 75 (recording for archival purposes)
Schedule 2
AMENDMENT OF ENACTMENTS
Section 178(1)
[Sch 2 amended by Medicines Act 2003 Sch 4, and amends the following Act —
Government Departments Act 1987 q.v.]
Schedule 3
ORDERS REVOKED
Section 178(2)
[Sch 3 revokes the following Order wholly —
Copyright (Customs) (Amendment) Regulations (Application) Order 1982
(GC213/82)
and the following Order in part —
Customs and Excise Acts (Application) Order 1979 (GC38/79).]
Copyright Act 1991 Endnotes
c AT 8 of 1991 Page 175
ENDNOTES
Table of Legislation History
Legislation Year and No Commencement
Table of Renumbered Provisions
Original Current
Table of Endnote References
1
Para (b) amended by SD 74/13. 2
Definition of ‘literary work’ substituted by Copyright (Amendment) Act 1999 s 19. 3
S 3A inserted by Copyright (Amendment) Act 1999 s 19. 4
S 5 substituted by SD74/13. 5
S 5A inserted by SD74/13. 6
Subs (1) substituted by SD74/13. 7
Subs (1A) inserted by SD74/13. 8
Subs (3) amended by SD74/13. 9
Subs (4) amended by SD74/13. 10
Subs (5A) inserted by SD74/13. 11
Subs (6) amended by SD74/13. 12
Para (a) amended by SD74/13. 13
Para (b) amended by SD74/13. 14
Para (c) amended by SD74/13. 15
S 6A inserted by Copyright (Amendment) Act 1999 s 1. 16
S 7 repealed by SD74/13. 17
Para (a) substituted by SD74/13. 18
Para (aa) inserted by SD74/13. 19
Para (c) repealed by SD74/13. 20
Subs (1A) inserted by SD74/13. 21
Subs (2) amended by SD74/13. 22
S 12 substituted by SD74/13. 23
S 13 substituted by SD74/13.
Endnotes Copyright Act 1991
Page 176 AT 8 of 1991 c
24
S 13A inserted by SD74/13. 25
S 14 substituted by SD74/13. 26
S 15A inserted by SD74/13. 27
Para (ba) inserted by SD74/13. 28
Para (d) substituted by SD74/13. 29
Subs (4) amended by SD74/13. 30
Subs (2) substituted by SD74/13. 31
Subs (3) substituted by SD74/13. 32
Subs (4) inserted by SD74/13. 33
S 18A inserted by SD74/13. 34
Para (b) amended by SD74/13. 35
Subs (3) amended by SD74/13. 36
S 20 substituted by SD74/13. 37
Para (a) amended by SD494/93 and by Copyright (Amendment) Act 1999 s 19. 38
Para (aa) inserted by SD494/93. 39
Para (ab) inserted by Copyright (Amendment) Act 1999 s 19. 40
Subs (4) amended by SD494/93. 41
Subs (2) amended by SD74/13. 42
Subs (3) amended by SD494/93. 43
Subs (3A) inserted by SD494/93. 44
Subs (5) amended by SD0606/12. 45
Subs (6) amended by SD74/13. 46
S 28A inserted by SD74/13. 47
Subs (1) substituted by SD74/13. 48
Subs (1A) substituted by SD74/13. 49
Subs (1B) inserted by SD74/13. 50
Subs (2) amended by SD74/13. 51
Subs (4) added by SD494/93. 52
Subs (4A) inserted by SD74/13. 53
Subs (5) repealed by SD74/13. 54
Subs (1) amended by SD74/13. 55
Subs (1A) inserted by SD74/13. 56
Subs (3) amended by SD74/13. 57
Subs (4) repealed by SD74/13. 58
Subs (1) amended by SD74/13. 59
Subs (2) amended by SD74/13. 60
Subs (3) amended by SD74/13. 61
S 31A inserted by SD74/13. 62
S 31B inserted by SD74/13. 63
S 31C inserted by SD74/13. 64
S 31D inserted by SD74/13.
Copyright Act 1991 Endnotes
c AT 8 of 1991 Page 177
65
S 31E inserted by SD74/13. 66
S 31F inserted by SD74/13. 67
Subs (1) substituted by SD74/13. 68
Subs (2) substituted by SD74/13. 69
Subs (2A) inserted by SD74/13. 70
Subs (2B) inserted by SD74/13. 71
Subs (3) amended by SD74/13. 72
Subs (3A) inserted by SD74/13. 73
Subs (5) amended by SD74/13. 74
Subs (2) amended by SD74/13. 75
Heading amended by SD74/13. 76
Subs (1) amended by SD74/13. 77
Subs (1A) inserted by SD74/13. 78
Subs (3) amended by SD74/13. 79
Subs (1) amended by SD74/13. 80
Subs (1A) inserted by SD74/13. 81
Subs (1B) inserted by SD74/13. 82
Subs (4) amended by SD74/13. 83
Subs (5) amended by SD74/13. 84
Para (a) substituted by SD74/13. 85
Para (a) substituted by SD74/13. 86
Para (a) substituted by SD74/13. 87
Subs (1) amended by Inquiries (Evidence) Act 2003 Sch 1. 88
Subs (3) amended by Inquiries (Evidence) Act 2003 Sch 1. 89
S 49 amended by Public Records Act 1999 Sch 3. 90
Subs (2) amended by SD74/13. 91
S 50A inserted by SD494/93. 92
S 50B inserted by SD494/93. 93
S 50BA inserted by SD74/13. 94
S 50C inserted by SD494/93. 95
Subs (3) amended by SD74/13. 96
S 50D inserted by Copyright (Amendment) Act 1999 s 19. 97
Subs (2) amended by SD74/13. 98
Definition of “design” amended by Copyright etc (Amendment) Act 2014 s 12. 99
Para (a) amended by Copyright etc (Amendment) Act 2014 s 6. 100
Para (b) amended by Copyright etc (Amendment) Act 2014 s 6. 101
Subs (1) amended by Copyright etc (Amendment) Act 2014 s 6. 102
Subs (3) inserted by Copyright etc (Amendment) Act 2014 s 6. 103
Subs (4) inserted by Copyright etc (Amendment) Act 2014 s 6. 104
Sub-para (ii) amended by SD74/13. 105
Para (b) amended by SD74/13.
Endnotes Copyright Act 1991
Page 178 AT 8 of 1991 c
106
Para (b) amended by SD74/13. 107
Para (a) amended by SD74/13. 108
Subs (2) amended by SD74/13. 109
Para (a) substituted by SD74/13. 110
Para (c) amended by SD74/13. 111
Subs (3) amended by SD74/13. 112
Subs (2) amended by SD74/13. 113
S 66A inserted by SD74/13. 114
Para (b) substituted by SD74/13. 115
Para (c) inserted by SD74/13. 116
Para (d) inserted by SD74/13. 117
Heading amended by SD74/13. 118
Heading amended by SD74/13. 119
Subs (1) amended by SD74/13. 120
Subs (2) amended by SD74/13. 121
Para (b) amended by SD74/13. 122
Heading amended by SD74/13. 123
Subs (2) substituted by Statute Law Revision Act 1997 Sch 1. 124
Subs (2A) repealed by Statute Law Revision Act 1997 Sch 1. 125
Subs (3) substituted by Statute Law Revision Act 1997 Sch 1. 126
Subs (1) amended by SD74/13. 127
Subs (2) inserted by SD74/13. 128
Subs (3) inserted by SD74/13. 129
Subs (4) inserted by SD74/13. 130
S 71 substituted by SD74/13. 131
Heading amended by SD74/13. 132
Subs (1) substituted by SD74/13. 133
Subs (1A) inserted by SD74/13. 134
Subs (1B) inserted by SD74/13. 135
Sub-para (i) amended by SD74/13. 136
Para (b) amended by SD74/13. 137
Subs (4) amended by SD74/13. 138
Heading amended by SD74/13. 139
Subs (1) amended by SD74/13. 140
Subs (2) amended by SD74/13. 141
Subs (3) amended by SD74/13. 142
Subs (4) inserted by SD74/13. 143
Heading amended by SD74/13. 144
Subs (1) amended by SD74/13. 145
Subs (1) amended by SD74/13. 146
Para (a) amended by SD74/13.
Copyright Act 1991 Endnotes
c AT 8 of 1991 Page 179
147
Para (a) amended by SD74/13. 148
Subs (6) amended by SD74/13. 149
Para (c) amended by SD74/13. 150
Subs (3) amended by SD74/13. 151
Para (a) amended by SD74/13. 152
Para (b) amended by SD74/13. 153
Para (h) substituted by SD74/13. 154
Para (a) amended by SD74/13. 155
Para (a) amended by SD74/13. 156
Para (a) amended by SD74/13. 157
Subs (6) amended by SD74/13. 158
Subs (5) amended by SD74/13. 159
Para (a) amended by SD74/13. 160
Para (a) amended by SD74/13. 161
Para (b) amended by SD74/13. 162
Para (c) amended by SD74/13. 163
Para (a) amended by SD74/13. 164
Para (e) substituted by SD74/13. 165
S 93A inserted by SD74/13. 166
S 93B inserted by SD74/13. 167
S 93C inserted by SD74/13. 168
Subs (1A) inserted by SD74/13. 169
Subs (1B) inserted by SD74/13. 170
Subs (2) amended by SD74/13. 171
S 100A inserted by SD74/13. 172
Subs (3) inserted by SD74/13. 173
Para (a) amended by SD 74/13. 174
Para (a) amended by SD74/13. 175
Para (aa) inserted by SD74/13. 176
Subs (5) amended by SD74/13. 177
Subs (6) inserted by SD74/13. 178
Subs (2A) inserted by SD74/13. 179
Subs (3) amended by SD74/13. 180
Para (a) amended by Copyright etc (Amendment) Act 2014 s 3. 181
Para (b) amended by Copyright etc (Amendment) Act 2014 s 3. 182
Para (a) amended by Copyright etc (Amendment) Act 2014 s 3. 183
Subs (4A) inserted by SD74/13. 184
Subs (5) amended by SD74/13. 185
Subs (1) amended by SD579/98. 186
Subs (2) amended by SD579/98. 187
S.106A inserted by Performers’ Protection Act 1996, Sch 2, with effect from 1/1/2013.
Endnotes Copyright Act 1991
Page 180 AT 8 of 1991 c
188
Para (a) amended by SD74/13. 189
Subs (3) amended by SD74/13. 190
Subs (4) amended by SD74/13. 191
Subs (1) amended by Performers’ Protection Act 1996 Sch 2. Para (b) amended by
Performers’ Protection Act 1996 Sch 2. 192
Subs (3) substituted by Performers’ Protection Act 1996 Sch 2. 193
Subs (4) amended by Performers’ Protection Act 1996 Sch 2. 194
Subs (6) added by SD183/05 and substituted by SD2015/0065. 195
Subs (6) amended by Trade Marks Act 1994 (Parliament) (as applied by SI1996/729)
and by Performers’ Protection Act 1996 s 34. 196
S 113A inserted by Copyright etc (Amendment) Act 2014 s 4. 197
Heading inserted by Copyright etc (Amendment) Act 2014 s 9. 198
S 114A inserted by Copyright etc (Amendment) Act 2014 s 9. 199
S 114B inserted by Copyright etc (Amendment) Act 2014 s 9. 200
S 114C inserted by Copyright etc (Amendment) Act 2014 s 9. 201
S 114D inserted by Copyright etc (Amendment) Act 2014 s 9. 202
S 115 substituted by SD74/13. 203
S 122 substituted by SD74/13. 204
Heading amended by SD74/13. 205
Subs (1) amended by SD74/13. 206
Subs (2) amended by SD74/13. 207
Subs (1) amended by SD74/13. 208
Para (b) amended by SD74/13. 209
Subs (2) amended by SD74/13. 210
Subs (1) amended by SD74/13. 211
Cross heading amended by SD74/13. 212
Subs (1) amended by SD74/13. 213
Subs (2) amended by SD74/13. 214
Subs (3) amended by SD74/13. 215
Definition of “broadcast” inserted by SD74/13. 216
Definition of “needletime” amended by SD74/13. 217
S 133A inserted by Broadcasting Act 1993 Sch 2. 218
Subs (6) amended by SD74/13. 219
Subs (2) amended by SD74/13. 220
S 133B inserted by Broadcasting Act 1993 Sch 2. 221
Subs (1) amended by SD74/13. 222
Subs (4) amended by SD74/13. 223
S 133C inserted by Broadcasting Act 1993 Sch 2. 224
S 133D inserted by Broadcasting Act 1993 Sch 2. 225
Para (a) amended by SD74/13. 226
S 133E inserted by Broadcasting Act 1993 Sch 2. 227
S 133F inserted by Broadcasting Act 1993 Sch 2.
Copyright Act 1991 Endnotes
c AT 8 of 1991 Page 181
228
S 133G inserted by Broadcasting Act 1993 Sch 2. 229
S 133H inserted by Copyright (Amendment) Act 1999 s 4. 230
Para (b) amended by SD74/13. 231
Para (a) amended by SD74/13. 232
Para (d) amended by SD74/13. 233
Subs (2) amended by Tribunals Act 2006 Sch 3. 234
Subs (3) repealed by Tribunals Act 2006 Sch 3. 235
S 143 repealed by Tribunals Act 2006 Sch 3. 236
Para (za) inserted by SD74/13. 237
Para (cc) amended by SD74/13. 238
Heading substituted by Copyright etc (Amendment) Act 2014 s 7. 239
Subs (1) substituted by Copyright etc (Amendment) Act 2014 s 7. 240
Para (a) amended by SD74/13. 241
S 146A inserted by Copyright (Amendment) Act 1999 s 4. 242
Subs (2) amended by Copyright etc (Amendment) Act 2014 s 7. 243
Subs (3) amended by Copyright etc (Amendment) Act 2014 s 7. 244
Para (c) amended by SD74/13. 245
Para (a) amended by Copyright etc (Amendment) Act 2014 s 10. 246
Para (b) substituted by Copyright etc (Amendment) Act 2014 s 10. 247
Para (c) substituted by Copyright etc (Amendment) Act 2014 s 10. 248
Para relating to the provisions of section 12 substituted by SD74/13. 249
Para (c) repealed by SD74/13. 250
Subs (1) amended by Copyright etc (Amendment) Act 2014 s 10. 251
Subs (1) amended by SD74/13 and by Copyright etc (Amendment) Act 2014 s 10. 252
Subs (2) amended by SD74/13. 253
S 152 substituted by Copyright etc (Amendment) Act 2014 s 10. 254
Subs (1) amended by SD 861/11. 255
Subs (2A) inserted by Performers’ Protection Act 1996 Sch 2. 256
Subs (5) amended by Performers’ Protection Act 1996 Sch 2. 257
Subs (5A) inserted by Performers’ Protection Act 1996 Sch 2 and amended by
SD155/10 Sch 5. 258
Para (b) amended by SD74/13. 259
Subs (7) amended by SD 861/11. 260
Subs (2) amended by SD861/11. 261
Subs (3) amended by SD861/11. 262
Subs (2) amended by SD861/11. 263
Cross heading substituted by SD74/13. 264
S 163 substituted by SD74/13. 265
S 163ZA inserted by SD74/13. 266
S 163ZB inserted by SD74/13. 267
S 163ZC inserted by SD74/13. 268
S 163ZD inserted by SD74/13.
Endnotes Copyright Act 1991
Page 182 AT 8 of 1991 c
269
S 163ZE inserted by SD74/13. 270
S 163ZF inserted by SD74/13. 271
Cross heading inserted by SD74/13. 272
S 173ZG inserted by SD74/13. 273
Para (c) substituted by SD74/13. 274
S 163A inserted by SD494/93. 275
S 163B inserted by Copyright (Amendment) Act 1999 s 19. 276
Subs (1) amended by SD74/13. 277
Para (b) amended by Copyright etc (Amendment) Act 2014 s 3. 278
Subs (1) substituted by Copyright (Amendment) Act 1999 s 5. 279
Definition of “transmission” amended by SD74/13. 280
S 164A inserted by Broadcasting Act 1993 s 17. 281
S 164B inserted by SD74/13. 282
S 164C inserted by SD74/13. 283
Para (a) amended by SD74/13. 284
Para (a) amended by Copyright (Amendment) Act 1999 s 5. 285
Subs (1) amended by SD861/11. 286
Subs (2) amended by SD74/13. 287
Subs (3) amended by SD74/13. 288
Subs (2) inserted by Copyright etc (Amendment) Act 2014 s 8. 289
Subs (3) inserted by Copyright etc (Amendment) Act 2014 s 8. 290
Subs (4) inserted by Copyright etc (Amendment) Act 2014 s 8. 291
Subs (5) inserted by Copyright etc (Amendment) Act 2014 s 8. 292
S 169A inserted by SD74/13. 293
Subs (2) amended by SD155/10 Sch 10. 294
Subs (3) amended by Education Act 2001 Sch 10. 295
Sub-para (ii) amended by SD74/13. 296
Sub-para (iv) amended by SD74/13. 297
Sub-para (ii) amended by SD74/13. 298
Definition of “the Department” amended by SD155/10 Sch 2. 299
Definition of “the Community Treaties” replaced by definition of “the EU Treaties”
and relocated by SD0606/12. 300
Definition of “producer” inserted by SD74/13. 301
Definition of ‘the Public Record Office’ inserted by Public Records Act 1999 Sch 3. 302
Definition of “rental” substituted by definition of “rental right” by SD74/13. 303
Definition of “wireless telegraphy” amended by SD74/13. 304
S 175 amended by Broadcasting Act 1993 Sch 2, by SD494/93, by Public Records Act 305
Entry amended by SD0606/12. 306
Subs (2) amended by Copyright (Amendment) Act 1999 s 1. 307
Subs (4) amended by SD861/11. 308
Subs (5) inserted by Copyright etc (Amendment) Act 2014 s 7. 309
S 177 repealed by Copyright (Amendment) Act 1999 s 22.
Copyright Act 1991 Endnotes
c AT 8 of 1991 Page 183
310
ADO (whole Act) 1/7/1992 (GC202/92). 311
Sub-para (3) amended by Statute Law Revision Act 1997 Sch 1. 312
Para 9 amended by SD74/13. 313
Sub-para (3) repealed by SD74/13. 314
Sch 1A inserted by SD74/13.
