Copyright etc (Amendment) Act 2014

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COPYRIGHT ETC (AMENDMENT) ACT 2014

Copyright etc (Amendment) Act 2014 Index


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COPYRIGHT ETC (AMENDMENT) ACT 2014

Index Section Page

Introductory 5

1 Short title 5
2 Commencement 5
Copyright 5

3 Increase in maximum penalties .................................................................................... 5
4 Forfeiture of infringing copies 6
5 Exploitation of design derived from artistic work ..................................................... 6
6 Infringement: exception 6
7 Tribunal: procedural rules 6
8 Duration of copyright: transitional cases .................................................................... 6
9 Copyright licensing 6
10 Recognition of foreign copyright works ...................................................................... 6
Publication right 7

11 Publication right 7
Design right 7

12 Meaning of “design” and “original” ............................................................................ 7
13 Ownership of design 7
14 Qualification criteria 7
15 Infringement: exceptions 8
Rights in performances 8

16 Increase in maximum penalties .................................................................................... 8
17 Forfeiture of illicit recordings 8
18 Performers’ moral rights 8
19 Licensing of performers’ rights ..................................................................................... 8
20 Recognition of foreign performances ........................................................................... 8
SCHEDULE 1 9

PUBLICATION RIGHT 9
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SCHEDULE 2 13

PERFORMERS’ MORAL RIGHTS 13
PART 2 [AMENDS THE PERFORMERS’ PROTECTION ACT 1996] 13
ENDNOTES 14

TABLE OF ENDNOTE REFERENCES 14

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COPYRIGHT ETC (AMENDMENT) ACT 2014

Signed in Tynwald: 17 June 2014
Received Royal Assent: 17 June 2014
Announced to Tynwald: 17 June 2014
AN ACT
to amend the law relating to copyright, design right and rights in
performances.
BE IT ENACTED
by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the Council and Keys in Tynwald assembled, and by the authority of the
same, as follows:—
Introductory
1 Short title

The short title of this Act is the Copyright etc (Amendment) Act 2014.
2 Commencement

(1) This Act, except section 1 and this section, comes into operation on such
day or days as the Department of Economic Development may by order
appoint.1

(2) An order under subsection (1) may include such supplemental,
incidental, consequential and transitional provision as appears to the
Department to be necessary or expedient for the purposes of the order.
Copyright
3 Increase in maximum penalties

(1) [Amended section 106(4)(a) and (4A)(a) of the Copyright Act 1991.]
(2) [Amended section 106(4)(b), section 164A(1)(b) of the Copyright Act 1991.]
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4 Forfeiture of infringing copies

[Inserted section 113A into the Copyright Act 1991.]
5 Exploitation of design derived from artistic work

The following provisions of the Copyright Act 1991 are repealed —
(a) section 52 (effect of exploitation of design derived from artistic
work);
(b) section 79(4)(g);
(c) in Schedule 1, paragraph 19.
6 Infringement: exception

[Amended section 53 of the Copyright Act 1991.]
7 Tribunal: procedural rules

(1) to (2) [Amended section 145 of the Copyright Act 199.1]
(3) [Amended section 147 of the Copyright Act 1991.]
(4) [Amended section 176 of the Copyright Act 1991.]
(5) [Amended section 35(2) of the Design Right Act 1991.]
(6) [Amended section 11(3) of the Performers’ Protection Act 1996.]
(7) [Amended section 18(3) of the Copyright (Amendment) Act 1999.]
(8) Nothing in subsections (1) to (7) affects rules made under section 145 of
the Copyright Act 1991 and in force immediately before the coming into
operation of this section, but any such rules may be amended or revoked
by rules made under section 8 of the Tribunals Act 2006.
8 Duration of copyright: transitional cases

[Amended section 167 of the Copyright Act 1991.]
9 Copyright licensing

[Inserted sections 114A to 114D into the Copyright Act 1991.]
10 Recognition of foreign copyright works

(1) [Amended section 149(1) of the Copyright Act 1991.]
(2) [Amended section 150(1) of the Copyright Act 1991.]
(3) [Amended section 151(1) of the Copyright Act 1991.]
(4) [Substituted section 152 of the Copyright Act 1991.]
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Publication right
11 Publication right

Schedule 1 has effect for the purpose of creating a right analogous to copyright
in certain previously unpublished works.
Design right
12 Meaning of “design” and “original”

(1) [Amended section 1 of the Design Right Act 1991.]
(2) Subsection (1)(b) applies only to designs created after the commencement
of that subsection.
(3) [Amended section 51(3) of the Copyright Act 1991.]
13 Ownership of design

(1) [Amended section 1(5)(a) of the Design Right Act 1991.]
(2) [Amended section 3 of the Design Right Act 1991.]
(3) [Amended section 6(1) of the Design Right Act 1991.]
(4) [Amended section 7 of the Design Right Act 1991.]
(5) [Amended section 8 of the Design Right Act 1991.]
(6) [Amended section 47 of the Design Right Act 1991.]
(7) [Amended section 48 of the Design Right Act 1991.]
(8) This section does not apply to —
(a) any design created before the commencement of this section; or
(b) any design created after the commencement of this section in
pursuance of a commission (irrespective of whether the design
was commissioned before or after that commencement) provided
that —
(i) the designer and the commissioner of the design have
entered into a contract relating to the commission of the
design, and
(ii) the contract was entered into before that commencement.
14 Qualification criteria

(1) [Amended section 5 of the Design Right Act 1991.]
(2) [Amended section 6 of the Design Right Act 1991.]
(3) [Amended section 8 of the Design Right Act 1991.]
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(4) [Amended section 48 of the Design Right Act 1991.]
(5) This section applies only to designs created after the commencement of
this section.
15 Infringement: exceptions

[Inserted sections 30A and 30B into the Design Right Act 1991.]
Rights in performances
16 Increase in maximum penalties

(1) [Amended section 19(5)(a) and (5A)(a) of the Performers’ Protection Act
1996.]
(2) [Amended section 19(5)(b) of the Performers’ Protection Act 1996.]
17 Forfeiture of illicit recordings

[Inserted section 26ZA into the Performers’ Protection Act 1996.]
18 Performers’ moral rights

(1) [Inserted sections 26C to 26 N into the Performers’ Protection Act 1996.]
(2) [Amended the Performers’ Protection Act 1996 in accordance with Part 2 of
Schedule 2.]
(3) The rights conferred by sections 26C to 26H of that Act (inserted by this
section) do not apply in relation to any performance that took place
before the coming into operation of this section.
19 Licensing of performers’ rights

(1) to (2) [Amended Schedule 1A to the Performers’ Protection Act 1996.]
(3) [Inserted paragraphs 1A to 1D into Schedule 1A to the Performers’
Protection Act 1996.]
(4) [Amended section 26A of the Performers’ Protection Act 1996.]
20 Recognition of foreign performances

(1) [Amended section 27 of the Performers’ Protection Act 1996.]
(2) [Amended section 28(4) of the Performers’ Protection Act 1996.]
(3) [Inserted section 30A into the Performers’ Protection Act 1996.]
Copyright etc (Amendment) Act 2014 SCHEDULE
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SCHEDULE 1

[Section 11]
PUBLICATION RIGHT

1 Interpretation

In this Schedule ―
“the Act
” means the Copyright Act 1991;
“publication
” includes any communication to the public, in particular —
(a) the issue of copies to the public;
(b) making the work available by means of an electronic retrieval
system;
(c) the performance, exhibition or showing of the work in public; or
(d) broadcasting the work;
“publication right
” means the property right referred to in paragraph 2(1);
“unauthorised act
”, in relation to a time when there is no copyright in a work,
means an act done without the consent of the owner of the physical
medium in which the work is embodied or on which it is recorded;
“work
” means a literary, dramatic, musical or artistic work or a film; and
other expressions have the same meanings as in the Act.
2 Publication right

(1) A person who after the expiry of copyright protection, publishes for the
first time a previously unpublished work has, in accordance with the
following provisions, a property right equivalent to copyright.
(2) No account shall be taken for this purpose of any unauthorised act.
(3) No publication right arises from the publication of a work in which
Crown copyright or Tynwald copyright subsisted.
(4) Publication right expires at the end of the period of 25 years from the end
of the calendar year in which the work was first published.
3 Qualification for publication right

(1) Subject to any order under sub-paragraph (2), publication right does not
subsist in a work unless —
(a) it is first published in the Island; and
(b) the publisher of the work is at the time of first publication a
national of an EEA state.
SCHEDULE
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Where two or more persons jointly publish the work, it is sufficient for
the purposes of (b) if any of them is a national of an EEA state.
(2) The Council of Ministers may by order make provision for applying in
relation to a country outside the Island and specified in the order any of
the provisions of this Schedule so specified, so as to secure that those
provisions apply in relation to a work —
(a) first published in that country; or
(b) the publisher of which is at the time of first publication a national
of that country or, in the case of a body corporate, incorporated
under the law of that country.
(3) An order under sub-paragraph (2) may —
(a) apply any provisions of this Schedule subject to such exceptions
and modifications as are specified in the order; and
(b) direct that any provisions of this Schedule apply either generally
or in relation to such classes of work, or other classes of case, as
are specified in the order.
(4) The Council of Ministers shall not make an order under subsection (2) in
relation to a country (other than the United Kingdom or another EEA
state) unless it is satisfied that provision has been or will be made under
the law of that country in respect of works, giving adequate protection to
the owners of publication right under this Schedule.
4 Application of copyright provisions to publication right

(1) The substantive provisions of the Act relating to copyright (but not moral
rights in copyright works), that is, the relevant provisions of —
(a) Part II (rights of copyright owner);
(b) Part III (acts permitted in relation to copyright works);
(c) Part V (dealings with rights in copyright works);
(d) Part VI (remedies for infringement); and
(e) Part VII (copyright licensing),
apply in relation to publication right as in relation to copyright, subject to
the following exceptions and modifications.
(2) The following provisions do not apply —
(a) in Part III, sections 57, 64, 66A and 67;
(b) in Part VI, sections 103 to 105;
(c) in Part VII, section 114(4).
(3) The following provisions have effect with the modifications indicated —
(a) in section 106(4) and (5) (offences of making or dealing in
infringing articles, &c.), the maximum punishment on summary
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conviction is custody for a term not exceeding 3 months or a fine
not exceeding £5,000, or both;
(b) in sections 114(2), 115 and 122 for «works of more than one
author» substitute «works of more than one publisher».
(4) The other relevant provisions of the Act, that is —
(a) in Part I, provisions defining expressions used generally in the
Act;
(b) Part VIII (the Isle of Man Copyright Tribunal);
(c) in Part IX —
(i) section 154 (territorial waters), and
(ii) section 155 (Manx ships, aircraft and hovercraft); and
(d) in Part X —
(i) section 168(1) and (3) (savings for other rules of law, &c.),
and
(ii) sections 169 to 175 (general interpretation provisions),
apply, with any necessary adaptations, for the purposes of
supplementing the substantive provisions of the Act as applied by this
paragraph.
(5) Except where the context otherwise requires, any other statutory
provision relating to copyright (whether passed or made before or after
this Schedule) applies in relation to publication right as in relation to
copyright.
5 Circumvention of protection measures and rights management

information

The following provisions of the Act apply, with any necessary modifications, to
publication right as they apply to copyright —
(a) subsections (1) to (4) and (5)(b) of section 163ZA (circumvention
of technological measures);
(b) subsections (1) to (5), (6)(b) and (7) of section 163ZD (rights and
remedies in respect of devices and services) of that Act;
(c) section 163ZE (remedy where effective technological measures
prevent permitted acts);
(d) subsections (1) to (5) and (6)(b) of section 163ZG (rights
management information); and
(e) any other provision as it has effect for the purposes of the
provisions mentioned in sub-paragraphs (a), (b) and (d).
SCHEDULE
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6 Presumptions relevant to works subject to publication right

(1) In proceedings brought by virtue of Part VI of the Act, as applied to
publication right by paragraph 3, with respect to a work, where copies of
the work as issued to the public bear a statement that a named person
was the owner of publication right in the work at the date of issue of the
copies, the statement shall be admissible as evidence of the fact stated
and shall be presumed to be correct until the contrary is proved.
(2) Sub-paragraph (1) does not apply to proceedings for an offence under
section 106 of the Act as applied and modified by paragraph 4 in relation
to publication right; but without prejudice to its application in
proceedings for an order under section 107 of the Act as that section
applies to publication right by virtue of paragraph 3.
7 Transitional provision

This Schedule applies to works first published after the date in which this
Schedule comes into operation.

Copyright etc (Amendment) Act 2014 SCHEDULE
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SCHEDULE 2

[Section 18]
PERFORMERS’ MORAL RIGHTS

PART 1 [INSERTS NEW SECTIONS 26C TO 26N INTO THE PERFORMERS’
PROTECTION ACT 1996]
PART 2 [AMENDS THE PERFORMERS’ PROTECTION ACT 1996]
1. [Amends Section 1]

2. [Amends Section 30B]

3. [Amends Section 33]


Endnotes Copyright etc (Amendment) Act 2014


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ENDNOTES

Table of Endnote References

1
ADO - s 3 and 4, sections 6 to 20 in operation 01/05/2015 [SD2015/0118].