Introductory Text
Part I Copyright
Chapter I Subsistence, ownership and duration of copyright
Introductory
1. Copyright and copyright works.
2. Rights subsisting in copyright works.
Descriptions of work and related provisions
3. Literary, dramatic and musical works.
3A. Databases
4. Artistic works.
5A. Sound recordings.
5B. Films.
5. Sound recordings and films.
6. Broadcasts.
6A. Safeguards in case of certain satellite broadcasts.
7. Cable programmes.
8. Published editions.
Authorship and ownership of copyright
9. Authorship of work.
10. Works of joint authorship.
11. First ownership of copyright.
Duration of copyright
12. Duration of copyright in literary, dramatic, musical or artistic works.
13A. Duration of copyright in sound recordings.
13B. Duration of copyright in films.
13. Duration of copyright in sound recordings and films.
14. Duration of copyright in broadcasts . . . .
15. Duration of copyright in typographical arrangement of published editions.
15A. Meaning of country of origin.
Chapter II Rights of Copyright Owner
The acts restricted by copyright
16. The acts restricted by copyright in a work.
17. Infringement of copyright by copying.
18. Infringement by issue of copies to the public.
18A. Infringement by rental or lending of work to the public.
19. Infringement by performance, showing or playing of work in public.
20.Infringement by communication to the public
21. Infringement by making adaptation or act done in relation to adaptation.
Secondary infringement of copyright
22. Secondary infringement: importing infringing copy.
23. Secondary infringement: possessing or dealing with infringing copy.
24. Secondary infringement: providing means for making infringing copies.
25. Secondary infringement: permitting use of premises for infringing performance.
26. Secondary infringement: provision of apparatus for infringing performance, &c.
Infringing copies
27. Meaning of “infringing copy”.
Chapter III Acts Permitted in relation to Copyright Works
Introductory
28. Introductory provisions.
General
28A.Making of temporary copies
29. Research and private study.
30. Criticism, review and news reporting.
31. Incidental inclusion of copyright material.
Visual impairment
31A. Making a single accessible copy for personal use
31B. Multiple copies for visually impaired persons
31C. Intermediate copies and records
31D. Licensing schemes
31E. Limitations, etc. following infringement of copyright
31F. Definitions and other supplementary provision for sections 31A to 31E
Education
32. Things done for purposes of instruction or examination.
33. Anthologies for educational use.
34. Performing, playing or showing work in course of activities of educational establishment.
35. Recording by educational establishments of broadcasts . . . .
36. Reprographic copying by educational establishments of passages from published works.
36A. Lending of copies by educational establishments
Libraries and archives
37. Libraries and archives: introductory.
38. Copying by librarians: articles in periodicals.
39. Copying by librarians: parts of published works.
40. Restriction on production of multiple copies of the same material.
40A. Lending of copies by libraries or archives.
41. Copying by librarians: supply of copies to other libraries.
42. Copying by librarians or archivists: replacement copies of works.
43. Copying by librarians or archivists: certain unpublished works.
44. Copy of work required to be made as condition of export.
44A.Legal deposit libraries
Public administration
45. Parliamentary and judicial proceedings.
46. Royal Commissions and statutory inquiries.
47. Material open to public inspection or on official register.
48. Material communicated to the Crown in the course of public business.
49. Public records.
50. Acts done under statutory authority.
Computer programs: lawful users
50A.Back up copies.
50B. Decompilation.
50BA.Observing, studying and testing of computer programs
50C. Other acts permitted to lawful users.
Databases: permitted acts
50D. Acts permitted in relation to databases.
Designs
51. Design documents and models.
52. Effect of exploitation of design derived from artistic work.
53. Things done in reliance on registration of design.
Typefaces
54. Use of typeface in ordinary course of printing.
55. Articles for producing material in particular typeface.
Works in electronic form
56. Transfers of copies of works in electronic form.
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.
58. Use of notes or recordings of spoken words in certain cases.
59. Public reading or recitation.
60. Abstracts of scientific or technical articles.
61. Recordings of folksongs.
62. Representation of certain artistic works on public display.
63. Advertisement of sale of artistic work.
64. Making of subsequent works by same artist.
65. Reconstruction of buildings.
Miscellaneous: lending of works and playing of sound recordings
66. Lending to public of copies of certain works.
MISCellaneous: films and sound recordings
66A. Films: acts permitted on assumptions as to expiry of copyright, &c.
67. Playing of sound recordings for purposes of club, society, &c.
Miscellaneous: broadcasts . . .
68. Incidental recording for purposes of broadcast . . . .
69. Recording for purposes of supervision and control of broadcasts and other services.
70. Recording for purposes of time-shifting.
71.Photographs of broadcasts
72. Free public showing or playing of broadcast . . . .
73. Reception and re-transmission of wireless broadcast by cable.
73A. Royalty or other sum payable in pursuance of section 73(4).
74. Provision of sub-titled copies of broadcast . . . .
75. Recording for archival purposes.
Adaptations
76. Adaptations.
Chapter IV Moral Rights
Right to be identified as author or director
77. Right to be identified as author or director.
78. Requirement that right be asserted.
79. Exceptions to right.
Right to object to derogatory treatment of work
80. Right to object to derogatory treatment of work.
81. Exceptions to right.
82. Qualification of right in certain cases.
83. Infringement of right by possessing or dealing with infringing article.
False attribution of work
84. False attribution of work.
Right to privacy of certain photographs and films
85. Right to privacy of certain photographs and films.
Supplementary
86. Duration of rights.
87. Consent and waiver of rights.
88. Application of provisions to joint works.
89. Application of provisions to parts of works.
Chapter V Dealings with Rights in Copyright Works
Copyright
90. Assignment and licences.
91. Prospective ownership of copyright.
92. Exclusive licences.
93. Copyright to pass under will with unpublished work.
93A. Presumption of transfer of rental right in case of film production agreement.
Right to equitable remuneration where rental right transferred
93B. Right to equitable remuneration where rental right transferred.
93C. Equitable remuneration: reference of amount to Copyright Tribunal.
Moral rights
94. Moral rights not assignable.
95. Transmission of moral rights on death.
Chapter VI Remedies for Infringement
Rights and remedies of copyright owner
96. Infringement actionable by copyright owner.
97. Provisions as to damages in infringement action.
97A.Injunctions against service providers
98. Undertaking to take licence of right in infringement proceedings.
99. Order for delivery up.
100. Right to seize infringing copies and other articles.
Rights and remedies of exclusive licensee
101. Rights and remedies of exclusive licensee.
101A.Certain infringements actionable by a non-exclusive licensee
102. Exercise of concurrent rights.
Remedies for infringement of moral rights
103. Remedies for infringement of moral rights.
Presumptions
104. Presumptions relevant to literary, dramatic, musical and artistic works.
105. Presumptions relevant to sound recordings and films.
106. Presumptions relevant to works subject to Crown copyright.
Offences
107. Criminal liability for making or dealing with infringing articles, &c.
107A. Enforcement by local weights and measures authority.
108. Order for delivery up in criminal proceedings.
109. Search warrants.
110. Offence by body corporate: liability of officers.
Provision for preventing importation of infringing copies
111. Infringing copies may be treated as prohibited goods.
112. Power of Commissioners of Customs and Excise to make regulations.
Supplementary
113. Period after which remedy of delivery up not available.
114. Order as to disposal of infringing copy or other article.
114A. Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland
114B. Forfeiture of infringing copies, etc.: Scotland
115. Jurisdiction of county court and sheriff court.
Chapter VII Copyright Licensing
Licensing schemes and licensing bodies
116. Licensing schemes and licensing bodies.
References and applications with respect to licensing schemes
117. Licensing schemes to which following sections apply.
118. Reference of proposed licensing scheme to tribunal.
119. Reference of licensing scheme to tribunal.
120. Further reference of scheme to tribunal.
121. Application for grant of licence in connection with licensing scheme.
122. Application for review of order as to entitlement to licence.
123. Effect of order of tribunal as to licensing scheme.
References and applications with respect to licensing by licensing bodies
124. Licences to which following sections apply.
125. Reference to tribunal of proposed licence.
126. Reference to tribunal of expiring licence.
127. Application for review of order as to licence.
128. Effect of order of tribunal as to licence.
128A.Notification of licence or licensing scheme for excepted sound recordings
128B.References to the Tribunal by the Secretary of State under section 128A
Factors to be taken into account in certain classes of case
129. General considerations: unreasonable discrimination.
130. Licences for reprographic copying.
131. Licences for educational establishments in respect of works included in broadcasts . . . .
132. Licences to reflect conditions imposed by promoters of events.
133. Licences to reflect payments in respect of underlying rights.
134. Licences in respect of works included in re-transmissions.
135. Mention of specific matters not to exclude other relevant considerations.
Use as of right of sound recordings in broadcasts . . .
135A. Circumstances in which right available.
135B. Notice of intention to exercise right.
135C. Conditions for exercise of right.
135D. Applications to settle payments.
135E. References etc. about conditions, information and other terms.
135F. Application for review of order.
135G. Factors to be taken into account.
135H. Power to amend sections 135A to 135G.
Implied indemnity in schemes or licences for reprographic copying
136. Implied indemnity in certain schemes and licences for reprographic copying.
Reprographic copying by educational establishments
137. Power to extend coverage of scheme or licence.
138. Variation or discharge of order extending scheme or licence.
139. Appeals against orders.
140. Inquiry whether new scheme or general licence required.
141. Statutory licence where recommendation not implemented.
Royalty or other sum payable for lending of certain works
142. Royalty or other sum payable for lending of certain works.
Certification of licensing schemes
143. Certification of licensing schemes.
Powers exercisable in consequence of competition report
144. Powers exercisable in consequence of report of Monopolies and Mergers Commission.
Compulsory collective administration of certain rights
144A. Collective exercise of certain rights in relation to cable re-transmission.
Chapter VIII The Copyright Tribunal
The Tribunal
145. The Copyright Tribunal.
146. Membership of the Tribunal.
147. Financial provisions.
148. Constitution for purposes of proceedings.
Jurisdiction and procedure
149. Jurisdiction of the Tribunal.
150. General power to make rules.
151. Costs, proof of orders, &c.
151A. Award of interest.
Appeals
152. Appeal to the court on point of law.
Chapter IX Qualification for and Extent of Copyright Protection
Qualification for copyright protection
153. Qualification for copyright protection.
154. Qualification by reference to author.
155. Qualification by reference to country of first publication.
156. Qualification by reference to place of transmission.
Extent and application of this Part
157. Countries to which this Part extends.
158. Countries ceasing to be colonies.
159. Application of this Part to countries to which it does not extend.
160. Denial of copyright protection to citizens of countries not giving adequate protection to British works.
Supplementary
161. Territorial waters and the continental shelf.
162. British ships, aircraft and hovercraft.
Chapter X Miscellaneous and General
Crown and Parliamentary copyright
163. Crown copyright.
164. Copyright in Acts and Measures.
165. Parliamentary copyright.
166. Copyright in Parliamentary Bills.
166A. Copyright in Bills of the Scottish Parliament.
166B. Copyright in Bills of the Northern Ireland Assembly.
166C.Copyright in proposed Measures of the National Assembly for Wales
166D.Copyright in Bills of the National Assembly for Wales
167. Houses of Parliament: supplementary provisions with respect to copyright.
Other miscellaneous provisions
168. Copyright vesting in certain international organisations.
169. Folklore, &c.: anonymous unpublished works.
Transitional provisions and savings
170. Transitional provisions and savings.
171. Rights and privileges under other enactments or the common law.
Interpretation
172. General provisions as to construction.
172A. Meaning of EEA and related expressions.
173. Construction of references to copyright owner.
174. Meaning of “educational establishment” and related expressions.
175. Meaning of publication and commercial publication.
176. Requirement of signature: application in relation to body corporate.
177. Adaptation of expressions for Scotland.
178. Minor definitions.
179. Index of defined expressions.
Part II Rights in performances
Chapter 1 INTRODUCTORY
180. Rights conferred on performers and persons having recording rights.
181. Qualifying performances.
Chapter 2 ECONOMIC RIGHTS
Performers' rights
182. Consent required for recording, &c. of live performance.
182A. Consent required for copying of recording.
182B. Consent required for issue of copies to public.
182C. Consent required for rental or lending of copies to public.
182CA.Consent required for making available to the public
182D. Right to equitable remuneration for exploitation of sound recording.
183. Infringement of performer’s rights by use of recording made without consent.
184. Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
Rights of person having recording rights
185. Exclusive recording contracts and persons having recording rights.
186. Consent required for recording of performance subject to exclusive contract.
187. Infringement of recording rights by use of recording made without consent.
188. Infringement of recording rights by importing, possessing or dealing with illicit recording.
Exceptions to rights conferred
189. Acts permitted notwithstanding rights conferred by this Chapter.
190. Power of tribunal to give consent on behalf of performer in certain cases.
Duration of rights
191. Duration of rights.
Performers’ property rights
191A. Performers’ property rights.
191B. Assignment and licences.
191C. Prospective ownership of a performer’s property rights.
191D. Exclusive licences.
191E. Performer’s property right to pass under will with unpublished original recording.
191F. Presumption of transfer of rental right in case of film production agreement.
191G. Right to equitable remuneration where rental right transferred.
191H. Equitable remuneration: reference of amount to Copyright Tribunal.
191I. Infringement actionable by rights owner.
191J. Provisions as to damages in infringement action.
191JA.Injunctions against service providers
191K. Undertaking to take licence of right in infringement proceedings.
191L. Rights and remedies for exclusive licensee.
191M. Exercise of concurrent rights.
Non-property rights
192A.Performers’ non-property rights.
192B. Transmissibility of rights of person having recording rights.
193. Consent.
. . .
194. Infringement actionable as breach of statutory duty.
Delivery up or seizure of illicit recordings
195. Order for delivery up.
196. Right to seize illicit recordings.
197. Meaning of “illicit recording”.
197A.Presumptions relevant to recordings of performances
Offences
198. Criminal liability for making, dealing with or using illicit recordings.
198A. Enforcement by local weights and measures authority.
199. Order for delivery up in criminal proceedings.
200. Search warrants.
201. False representation of authority to give consent.
202. Offence by body corporate: liability of officers.
Supplementary provisions with respect to delivery up and seizure
203. Period after which remedy of delivery up not available.
204. Order as to disposal of illicit recording.
204A. Forfeiture of illicit recordings: England and Wales or Northern Ireland
204B. Forfeiture: Scotland
205. Jurisdiction of county court and sheriff court.
Licensing of performers’ property rights
205A. Licensing of performers’ property rights.
Jurisdiction of Copyright Tribunal
205B. Jurisdiction of Copyright Tribunal.
Chapter 3 MORAL RIGHTS
Right to be identified as performer
205C.Right to be identified as performer
205D.Requirement that right be asserted
205E.Exceptions to right
Right to object to derogatory treatment
205F.Right to object to derogatory treatment of performance
205G.Exceptions to right
205H.Infringement of right by possessing or dealing with infringing article
Supplementary
205I.Duration of rights
205J.Consent and waiver of rights
205K.Application of provisions to parts of performances
205L.Moral rights not assignable
205M.Transmission of moral rights on death
205N.Remedies for infringement of moral rights
Chapter 4 QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
Qualification for protection and extent
206. Qualifying countries, individuals and persons.
207. Countries to which this Part extends.
208. Countries enjoying reciprocal protection.
209. Territorial waters and the continental shelf.
210. British ships, aircraft and hovercraft.
210A.Requirement of signature: application in relation to body corporate
Interpretation
211. Expressions having same meaning as in copyright provisions.
212. Index of defined expressions.
Part III Design Right
Chapter I Design right in original designs
Introductory
213. Design right.
214. The designer.
215. Ownership of design right.
216. Duration of design right.
Qualification for design right protection
217. Qualifying individuals and qualifying persons.
218. Qualification by reference to designer.
219. Qualification by reference to commissioner or employer.
220. Qualification by reference to first marketing.
221. Power to make further provision as to qualification.
Dealings with design right
222. Assignment and licences.
223. Prospective ownership of design right.
224. Assignment of right in registered design presumed to carry with it design right.
225. Exclusive licences.
Chapter II Rights of Design Right Owner and Remedies
Infringement of design right
226. Primary infringement of design right.
227. Secondary infringement: importing or dealing with infringing article.
228. Meaning of “infringing article”.
Remedies for infringement
229. Rights and remedies of design right owner.
230. Order for delivery up.
231. Order as to disposal of infringing articles, &c.
232. Jurisdiction of county court and sheriff court.
233. Innocent infringement.
234. Rights and remedies of exclusive licensee.
235. Exercise of concurrent rights.
Chapter III Exceptions to Rights of Design Right Owners
Infringement of copyright
236. Infringement of copyright.
Availability of licences of right
237. Licences available in last five years of design right.
238. Powers exercisable for protection of the public interest.
239. Undertaking to take licence of right in infringement proceedings.
Crown use of designs
240. Crown use of designs.
241. Settlement of terms for Crown use.
242. Rights of third parties in case of Crown use.
243. Crown use: compensation for loss of profit.
244. Special provision for Crown use during emergency.
General
245. Power to provide for further exceptions.
Chapter IV Jurisdiction of the Comptroller and the Court
Jurisdiction of the comptroller
246. Jurisdiction to decide matters relating to design right.
247. Application to settle terms of licence of right.
248. Settlement of terms where design right owner unknown.
249. Appeals as to terms of licence of right.
250. Rules.
Jurisdiction of the court
251. References and appeals on design right matters.
252. Reference of disputes relating to Crown use.
Chapter V Miscellaneous and General
Miscellaneous
253. Remedy for groundless threats of infringement proceedings.
254. Licensee under licence of right not to claim connection with design right owner.
Extent of operation of this Part
255. Countries to which this Part extends.
256. Countries enjoying reciprocal protection.
257. Territorial waters and the continental shelf.
Interpretation
258. Construction of references to design right owner.
259. Joint designs.
260. Application of provisions to articles in kit form.
261. Requirement of signature: application in relation to body corporate.
262. Adaptation of expressions in relation to Scotland.
263. Minor definitions.
264. Index of defined expressions.
Part IV Registered Designs
Amendments of the Registered Designs Act 1949
265. Registrable designs.
266. Provisions with respect to certain designs registered in pursuance of application made before commencement.
267. Authorship and first ownership of designs.
268. Right given by registration of design.
269. Duration of right in registered design.
270. Powers exercisable for protection of the public interest.
271. Crown use: compensation for loss of profit.
272. Minor and consequential amendments.
Supplementary
273. Text of Registered Designs Act 1949 as amended.
Part V Patent Agents and Trade Mark Agents
Patent agents
274. Persons permitted to carry on business of a patent agent.
275.The register of patent attorneys
275A.Regulation of patent attorneys
276. Persons entitled to describe themselves as patent agents.
277. Persons entitled to describe themselves as European patent attorneys, &c.
278. Use of the term “patent attorney”: supplementary provisions.
279. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
280. Privilege for communications with patent agents.
281. Power of comptroller to refuse to deal with certain agents.
Trade mark agents
282. The register of trade mark agents.
283. Unregistered persons not to be described as registered trade mark agents.
284. Privilege for communications with registered trade mark agents.
Supplementary
285. Offences committed by partnerships and bodies corporate.
286. Interpretation.
Part VI Patents
Patents county courts
287. Patents county courts: special jurisdiction.
288. Financial limits in relation to proceedings within special jurisdiction of patents county court.
289. Transfer of proceedings between High Court and patents county court.
290. Limitation of costs where pecuniary claim could have been brought in patents county court.
291. Proceedings in patents county court.
292. Rights and duties of registered patent agents in relation to proceedings in patents county court.
Licences of right in respect of certain patents
293. Restriction of acts authorised by certain licences.
294. When application may be made for settlement of terms of licence.
Patents: miscellaneous amendments
295. Patents: miscellaneous amendments.
Part VII Miscellaneous and General
Circumvention of protection measures
296. Devices designed to circumvent copy-protection.
296ZA.Circumvention of technological measures
296ZB.Devices and services designed to circumvent technological measures
296ZC.Devices and services designed to circumvent technological measures: search warrants and forfeiture
296ZD.Rights and remedies in respect of devices and services designed to circumvent technological measures
296ZE.Remedy where effective technological measures prevent permitted acts
296ZF.Interpretation of sections 296ZA to 296ZE
Rights management information
296ZG.Electronic rights management information
Computer programs
296A. Avoidance of certain terms.
Databases
296B. Avoidance of certain terms relating to databases
Fraudulent reception of transmissions
297. Offence of fraudulently receiving programmes.
297A. Unauthorised decoders.
297B. Search warrants
297C. Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
297D. Forfeiture of unauthorised decoders: Scotland
298. Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
299. Supplementary provisions as to fraudulent reception.
Fraudulent application or use of trade mark
300. Fraudulent application or use of trade mark an offence.
Provisions for the benefit of the Hospital for Sick Children
301. Provisions for the benefit of the Hospital for Sick Children.
Financial assistance for certain international bodies
302. Financial assistance for certain international bodies.
General
303. Consequential amendments and repeals.
304. Extent.
305. Commencement.
306. Short title.
SCHEDULES
SCHEDULE 1
Copyright: transitional provisions and savings
Introductory
1.(1) In this Schedule— “the 1911 Act” means the Copyright...
2.(1) In relation to the 1956 Act, references in this...
General principles: continuity of the law
3.The new copyright provisions apply in relation to things existing...
4.(1) The provisions of this paragraph have effect for securing...
Subsistence of copyright
5.(1) Copyright subsists in an existing work after commencement only...
6.(1) Copyright shall not subsist by virtue of this Act...
7.(1) No copyright subsists in a film, as such, made...
8.(1) A film sound-track to which section 13(9) of the...
9.No copyright subsists in— (a) a wireless broadcast made before...
Authorship of work
10.The question who was the author of an existing work...
First ownership of copyright
11.(1) The question who was first owner of copyright in...
Duration of copyright in existing works
12.(1) The following provisions have effect with respect to the...
Perpetual copyright under the Copyright Act 1775
13.(1) The rights conferred on universities and colleges by the...
Acts infringing copyright
14.(1) The provisions of Chapters II and III of Part...
15.(1) Section 57 (anonymous or pseudonymous works: acts permitted on...
16.The following provisions of section 7 of the 1956 Act...
17.Where in the case of a dramatic or musical work...
18.Where a work made before 1st July 1912 consists of...
Designs
19.(1) Section 51 (exclusion of copyright protection in relation to...
20.(1) Where section 10 of the 1956 Act (effect of...
Abolition of statutory recording licence
21.Section 8 of the 1956 Act (statutory licence to copy...
Moral rights
22.(1) No act done before commencement is actionable by virtue...
23.(1) The following provisions have effect with respect to the...
24.The right conferred by section 85 (right to privacy of...
Assignments and licences
25.(1) Any document made or event occurring before commencement which...
26.(1) Section 91(1) of this Act (assignment of future copyright:...
27.(1) Where the author of a literary, dramatic, musical or...
28.(1) This paragraph applies where copyright subsists in a literary,...
29.Section 92(2) of this Act (rights of exclusive licensee against...
Bequests
30.(1) Section 93 of this Act (copyright to pass under...
Remedies for infringement
31.(1) Sections 96 and 97 of this Act (remedies for...
32.Sections 101 and 102 of this Act (rights and remedies...
33.(1) The provisions of section 107 of this Act (criminal...
Copyright Tribunal: proceedings pending on commencement
34.(1) The Lord Chancellor may, after consultation with the Lord...
Qualification for copyright protection
35.Every work in which copyright subsisted under the 1956 Act...
Dependent territories
36.(1) The 1911 Act shall remain in force as part...
37.(1) This paragraph applies to a country which immediately before...
Territorial waters and the continental shelf
38.Section 161 of this Act (application of Part I to...
British ships, aircraft and hovercraft
39.Section 162 (British ships, aircraft and hovercraft) does not apply...
Crown copyright
40.(1) Section 163 of this Act (general provisions as to...
41.(1) The following provisions have effect with respect to the...
42.(1) Section 164 (copyright in Acts and Measures) applies to...
Parliamentary copyright
43.(1) Section 165 of this Act (general provisions as to...
Copyright vesting in certain international organisations
44.(1) Any work in which immediately before commencement copyright subsisted...
Meaning of “publication”
45.Section 175(3) (construction of building treated as equivalent to publication)...
Meaning of “unauthorised”
46.For the purposes of the application of the definition in...
SCHEDULE 2
Rights in performances: permitted acts
Introductory
1.(1) The provisions of this Schedule specify acts which may...
Making of temporary copies
1A.The rights conferred by this Chapter are not infringed by...
Criticism, reviews and news reporting
2.(1) Fair dealing with a performance or recording for the...
Incidental inclusion of performance or recording
3.(1) The rights conferred by this Chapter are not infringed...
Things done for purposes of instruction or examination
4.(1) The rights conferred by this Chapter are not infringed...
Playing or showing sound recording, film, or broadcastat educational establishment
5.(1) The playing or showing of a sound recording, film...
Recording of broadcasts . . . by educational establishments
6.(1) A recording of a broadcast . . . ,...
Lending of copies by educational establishments
6A.(1) The rights conferred by this Chapter are not infringed...
Lending of copies by libraries or archives
6B.(1) The rights conferred by this Chapter are not infringed...
Copy of work required to be made as condition of export
7.(1) If an article of cultural or historical importance or...
Parliamentary and judicial proceedings
8.(1) The rights conferred by this Chapter are not infringed...
Royal Commissions and statutory inquiries
9.(1) The rights conferred by this Chapter are not infringed...
Public records
10.(1) Material which is comprised in public records within the...
Acts done under statutory authority
11.(1) Where the doing of a particular act is specifically...
Transfer of copies of works in electronic form
12.(1) This paragraph applies where a recording of a performance...
Use of recordings of spoken works in certain cases
13.(1) Where a recording of the reading or recitation of...
Recordings of folksongs
14.(1) A recording of a performance of a song may...
Lending of certain recordings
14A.(1) The Secretary of State may by order provide that...
Playing of sound recordings for purposes of club, society, &c
15.(1) It is not an infringement of any right conferred...
Incidental recording for purposes of broadcast . . .
16.(1) A person who proposes to broadcast a recording of...
Recordings for purposes of supervision and control of broadcasts and other services
17.(1) The rights conferred by this Chapter are not infringed...
Recording for the purposes of time-shifting
17A.(1) The making in domestic premises for private and domestic...
Photographs of broadcasts
17B.(1) The making in domestic premises for private and domestic...
Free public showing or playing of broadcast . . .
18.(1) The showing or playing in public of a broadcast...
Reception and re-transmission of wireless broadcast by cable
19.(1) This paragraph applies where a wireless broadcast made from...
19A.(1) An application to settle the royalty or other sum...
Provision of sub-titled copies of broadcast . . .
20.(1) A designated body may, for the purpose of providing...
Recording of broadcast . . . for archival purposes
21.(1) A recording of a broadcast . . . of...
SCHEDULE 2A
LICENSING OF PERFORMERS’ PROPERTY RIGHTS
Licensing schemes and licensing bodies
1.(1) In this Chapter a “licensing scheme” means a scheme...
References and applications with respect to licensing schemes
2.Paragraphs 3 to 8 (references and applications with respect to...
Reference of proposed licensing scheme to tribunal
3.(1) The terms of a licensing scheme proposed to be...
Reference of licensing scheme to tribunal
4.(1) If while a licensing scheme is in operation a...
Further reference of scheme to tribunal
5.(1) Where the Copyright Tribunal has on a previous reference...
Application for grant of licence in connection with licensing scheme
6.(1) A person who claims, in a case covered by...
Application for review of order as to entitlement to licence
7.(1) Where the Copyright Tribunal has made an order under...
Effect of order of tribunal as to licensing scheme
8.(1) A licensing scheme which has been confirmed or varied...
References and applications with respect to licensing by licensing bodies
9.Paragraphs 10 to 13 (references and applications with respect to...
Reference to tribunal of proposed licence
10.(1) The terms on which a licensing body proposes to...
Reference to tribunal of expiring licence
11.(1) A licensee under a licence which is due to...
Application for review of order as to licence
12.(1) Where the Copyright Tribunal has made an order under...
Effect of order of tribunal as to licence
13.(1) Where the Copyright Tribunal has made an order under...
General considerations: unreasonable discrimination
14.(1) In determining what is reasonable on a reference or...
Application to settle royalty or other sum payable for lending
15.(1) An application to settle the royalty or other sum...
Certification of licensing schemes
16.(1) A person operating or proposing to operate a licensing...
Powers exercisable in consequence of competition report
17.(1) Sub-paragraph (1A) applies where whatever needs to be remedied,...
SCHEDULE 3
Registered designs: minor and consequential amendments of 1949 Act
Section 3: proceedings for registration
1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4: registration of same design in respect of other articles, etc.
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5: provisions for secrecy of certain designs
3.(1) Section 5 of the Registered Designs Act 1949 is...
Section 6: provisions as to confidential disclosure, etc.
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9: exemption of innocent infringer from liability for damages
5.In section 9 of the Registered Designs Act 1949 (exemption...
Section 11: cancellation of registration
6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 14: registration where application has been made in convention country
7.In section 14 of the Registered Designs Act 1949 (registration...
Section 15: extension of time for application under s.14 in certain cases
8.In section 15(1) of the Registered Designs Act 1949 (power...
Section 16: protection of designs communicated under international agreements
9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 19: registration of assignments, &c.
10.In section 19 of the Registered Designs Act 1949 (registration...
Section 20: rectification of the register
11.In section 20 of the Registered Designs Act 1949 (rectification...
Section 22: inspection of registered designs
12.(1) Section 22 of the Registered Designs Act 1949 (inspection...
Section 23: information as to existence of right in registered design
13.For section 23 of the Registered Designs Act 1949 (information...
Section 25: certificate of contested validity of registration
14.In section 25 of the Registered Designs Act 1949 (certificate...
Section 26: remedy for groundless threats of infringement proceedings
15.(1) Section 26 of the Registered Designs Act 1949 (remedy...
Section 27: the court
16.For section 27 of the Registered Designs Act 1949 (the...
Section 28: the Appeal Tribunal
17.(1) Section 28 of the Registered Designs Act 1949 (the...
Section 29: exercise of discretionary powers of registrar
18.In section 29 of the Registered Designs Act 1949 (exercise...
Section 30: costs and security for costs
19.For section 30 of the Registered Designs Act 1949 (costs...
Section 31: evidence before registrar
20.For section 31 of the Registered Designs Act 1949 (evidence...
Section 32: power of registrar to refuse to deal with certain agents
21.Section 32 of the Registered Designs Act 1949 (power of...
Section 33: offences under s.5 (secrecy of certain designs)
22.(1) Section 33 of the Registered Designs Act 1949 (offences...
Section 34: falsification of register, &c.
23.(1) In section 34 of the Registered Designs Act 1949...
Section 35: fine for falsely representing a design as registered
24.(1) Section 35 of the Registered Designs Act 1949 (fine...
Section 35A: offence by body corporate - liability of officers
25.(1) In the Registered Designs Act 1949 after section 35...
Section 36: general power to make rules, &c.
26.(1) Section 36 of the Registered Designs Act 1949 (general...
Section 37: provisions as to rules and Orders
27.(1) Section 37 of the Registered Designs Act 1949 (provisions...
Section 38: proceedings of the Board of Trade
28.Section 38 of the Registered Designs Act 1949 (proceedings of...
Section 39: hours of business and excluded days
29.In section 39 of the Registered Designs Act 1949 (hours...
Section 40: fees
30.In section 40 of the Registered Designs Act 1949 (fees)...
Section 44: interpretation
31.(1) In section 44 of the Registered Designs Act 1949...
Section 45: application to Scotland
32.In section 45 of the Registered Designs Act 1949 (application...
Section 46: application to Northern Ireland
33.(1) Section 46 of the Registered Designs Act 1949 (application...
Section 47: application to Isle of Man
34.For section 47 of the Registered Designs Act 1949 (application...
Section 47A: territorial waters and the continental shelf
35.In the Registered Designs Act 1949, after section 47 insert—...
Section 48: repeals, savings and transitional provisions
36.In section 48 of the Registered Designs Act 1949 (repeals,...
Schedule 1: provisions as to Crown use of registered designs
37.(1) The First Schedule to the Registered Designs Act 1949...
Schedule 2: enactments repealed
38.Schedule 2 to the Registered Designs Act 1949 (enactments repealed)...
SCHEDULE 4
The Registered Designs Act 1949 as amended Arrangement of Sections
Registrable designs and proceedings for registration
1.Designs registrable under Act.
2.Proprietorship of designs.
3.Proceedings for registration.
4.Registration of same design in respect of other articles.
5.Provision for secrecy of certain designs.
6.Provisions as to confidential disclosure, &c.
Effect of registration, &c.
7.Right given by registration.
8.Duration of right in registered design.
8A.Restoration of lapsed right in design.
8B.Effect of order for restoration of right.
9.Exemption of innocent infringer from liability for damages.
10.Compulsory licence in respect of registered design.
11.Cancellation of registration.
11A.Powers exercisable for protection of the public interest.
11B.Undertaking to take licence of right in infringement proceedings.
12.Use for services of the Crown.
International arrangements
13.Orders in Council as to convention countries.
14.Registration of design where application for protection in convention country...
15.Extension of time for applications under s.14 in certain cases....
16.Protection of designs communicated under international agreements.
Register of designs, &c.
17.Register of designs.
18.Certificate of registration.
19.Registration of assignments, &c.
20.Rectification of register.
21.Power to correct clerical errors.
22.Inspection of registered designs.
23.Information as to existence of right in registered design.
24.... ... ... ... ... ... ...
Legal proceedings and appeals
25.Certificate of contested validity of registration.
26.Remedy for groundless threats of infringement proceedings.
27.The court.
28.The Appeal Tribunal.
Powers and duties of registrar
29.Exercise of discretionary powers of registrar.
30.Costs and security for costs.
31.Evidence before registrar.
32.... ... ... ... ... ... ...
33.Offences under s.5.
34.Falsification of register, &c.
35.Fine for falsely representing a design as registered.
35A.Offence by body corporate: liability of officers.
Rules, &c.
36.General power of Secretary of State to make rules, &c....
37.Provisions as to rules and Orders.
38.... ... ... ... ... ... ...
Supplemental
39.Hours of business and excluded days.
40.Fees.
41.Service of notices, &c., by post.
42.Annual report of registrar.
43.Savings.
44.Interpretation.
45.Application to Scotland.
46.Application to Northern Ireland.
47.Application to Isle of Man.
47A.Territorial waters and the continental shelf.
48.Repeals, savings and transitional provisions.
49.Short title and commencement. Schedules: Schedule 1—Provisions as to the...
Registrable designs and proceedings for registration
1. Designs registrable under Act.
2. Proprietorship of designs.
3. Proceedings for registration.
4. Registration of same design in respect of other articles, etc.
5. Provisions for secrecy of certain designs.
6. Provisions as to confidential disclosure, etc.
Effect of registration, &c.
7. Right given by registration.
8. Duration of right in registered design.
8A. Restoration of lapsed right in design.
8B. Effect of order for restoration of right.
9. Exemption of innocent infringer from liability for damages.
10. Compulsory licence in respect of registered design.
11. Cancellation of registration.
11A. Powers exercisable for protection of the public interest.
11B. Undertaking to take licence of right in infringement proceedings.
12. Use for services of the Crown.
International Arrangements
13. Orders in Council as to convention countries.
14. Registration of design where application for protection in convention country has been made.
15. Extension of time for applications under s.14 in certain cases.
16. Protection of designs communicated under international agreements.
Register of designs, etc.
17. Register of designs.
18. Certificate of registration.
19. Registration of assignments, etc.
20. Rectification of register.
21. Power to correct clerical errors.
22. Inspection of registered designs.
23. Information as to existence of right in registered design.
Legal proceedings and appeals
25. Certificate of contested validity of registration.
26. Remedy for groundless threats of infringement proceedings.
27. The court.
28. The Appeal Tribunal.
Powers and duties of Registrar
29. Exercise of discretionary powers of registrar.
30. Costs and security for costs.
31. Evidence before registrar.
Offences
33. Offences under s.5.
34. Falsification of register, etc.
35. Fine for falsely representing a design as registered.
35A. Offence by body corporate: liability of officers.
Rules, etc.
36. General power of Secretary of State to make rules, etc.
37. Provisions as to rules and Orders.
Supplemental
39. Hours of business and excluded days.
40. Fees.
41. Service of notices, &c., by post.
42. Annual report of registrar.
43. Savings.
44. Interpretation.
45. Application to Scotland.
46. Application to Northern Ireland.
47. Application to Isle of Man.
47A. Territorial waters and the continental shelf.
48. Repeals, savings, and transitional provisions.
49. Short title and commencement.
FIRST SCHEDULE
Use of registered designs for services of the Crown
1.(1) Notwithstanding anything in this Act, any Government department, and...
Rights of third parties in respect of Crown use
2.(1) In relation to any use of a registered design,...
Compensation for loss of profit
2A.(1) Where Crown use is made of a registered design,...
Reference of disputes as to Crown use
3.(1) Any dispute as to— (a) the exercise by a...
Special provisions as to Crown use during emergency
4.(1) During any period of emergency within the meaning of...
SCHEDULE 5
Patents: miscellaneous amendments
Withdrawal of application before publication of specification
1.In section 13(2) of the Patents Act 1949 (duty of...
Correction of clerical errors
2.(1) In section 15 of the Patents Act 1977 (filing...
Supplementary searches
3.(1) Section 17 of the Patents Act 1977 (preliminary examination...
4.In section 18 of the Patents Act 1977 (substantive examination...
5.In section 130(1) of the Patents Act 1977 (interpretation), in...
Application for restoration of lapsed patent
6.(1) Section 28 of the Patents Act 1977 (restoration of...
7.After that section insert— Effect of order for restoration of...
8.In consequence of the above amendments— (a) in section 60(6)(b)...
Determination of right to patent after grant
9.(1) Section 37 of the Patents Act 1977 (determination of...
10.In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a)...
Employees’ inventions
11.(1) In section 39 of the Patents Act 1977 (right...
Undertaking to take licence in infringement proceedings
12.(1) Section 46 of the Patents Act 1977 (licences of...
Power of comptroller on grant of compulsory licence
13.In section 49 of the Patents Act 1977 (supplementary provisions...
Powers exercisable in consequence of report of Monopolies and Mergers Commission
14.For section 51 of the Patents Act 1977 (licences of...
Compulsory licensing: reliance on statements in competition report
15.In section 53(2) of the Patents Act 1977 (compulsory licensing:...
Crown use: compensation for loss of profit
16.(1) In the Patents Act 1977, after section 57 insert—...
Right to continue use begun before priority date
17.For section 64 of the Patents Act 1977 (right to...
Revocation on grounds of grant to wrong person
18.In section 72(1) of the Patents Act 1977 (grounds for...
Revocation where two patents granted for same invention
19.In section 73 of the Patents Act 1977 (revocation on...
Applications and amendments not to include additional matter
20.For section 76 of the Patents Act 1977 (amendments of...
Effect of European patent (UK)
21.(1) Section 77 of the Patents Act 1977 (effect of...
The state of the art: material contained in patent applications
22.In section 78 of the Patents Act 1977 (effect of...
Jurisdiction in certain proceedings
23.Section 88 of the Patents Act 1977 (jurisdiction in legal...
Effect of filing international application for patent
24.(1) Section 89 of the Patents Act 1977 (effect of...
25.For section 89 of the Patents Act 1977 (effect of...
Proceedings before the court or the comptroller
26.In the Patents Act 1977, after section 99 (general powers...
27.For section 102 of the Patents Act 1977 (right of...
Provision of information
28.In section 118 of the Patents Act 1977 (information about...
Power to extend time limits
29.In section 123 of the Patents Act 1977 (rules), after...
Availability of samples of micro-organisms
30.In the Patents Act 1977 after section 125 insert— Disclosure...
SCHEDULE 5A
PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
PART 1 Copyright exceptions
section 29 (research and private study)
section 31A (making a single accessible copy for personal use)...
section 31B (multiple copies for visually impaired persons)
section 31C (intermediate copies and records)
section 32(1), (2) and (3) (things done for purposes of...
section 35 (recording by educational establishments of broadcasts)
section 36 (reprographic copying by educational establishments of passages from...
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...
section 42 (copying by librarians or archivists: replacement copies of...
section 43 (copying by librarians or archivists: certain unpublished works)...
section 44 (copy of work required to be made as...
section 45 (Parliamentary and judicial proceedings)
section 46 (Royal Commissions and statutory inquiries)
section 47 (material open to public inspection or on official...
section 48 (material communicated to the Crown in the course...
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...
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)
PART 2 Rights in performances exceptions
paragraph 4 of Schedule 2 (things done for purposes of...
PART 3 Database right exceptions
regulation 20 of and Schedule 1 to the Copyright and...
SCHEDULE 6
Provisions for the Benefit of the Hospital for Sick Children
Interpretation
1.(1) In this Schedule— “the Hospital” means The Hospital for...
Entitlement to royalty
2.(1) The trustees are entitled, subject to the following provisions...
Exceptions
3.No royalty is payable in respect of—
Saving
4.No royalty is payable in respect of anything done in...
Procedure for determining amount payable
5.(1) In default of agreement application may be made to...
Sums received to be held on trust
6.The sums received by the trustees by virtue of this...
Right only for the benefit of the Hospital
7.(1) The right of the trustees under this Schedule may...
SCHEDULE 7
Consequential amendments: general
British Mercantile Marine Uniform Act 1919 (c.62)
1.For section 2 of the British Mercantile Marine Uniform Act...
Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)
2.In section 1(5) of the Chartered Associations (Protection of Names...
Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)
3.(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...
Crown Proceedings Act 1947 (c.44)
4.(1) In the Crown Proceedings Act 1947 for section 3...
Patents Act 1949 (c.87)
5.In section 47 of the Patents Act 1949 (rights of...
Public Libraries (Scotland) Act 1955 (c.27)
6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
London County Council (General Powers) Act 1958 (c.xxi)
7.In section 36 of the London County Council (General Powers)...
Public Libraries and Museums Act 1964 (c.75)
8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Marine, &c., Broadcasting (Offences) Act 1967 (c.41)
9.In section 5 of the Marine, &c., Broadcasting (Offences) Act...
Medicines Act 1968 (c.67)
10.(1) Section 92 of the Medicines Act 1968 (scope of...
Post Office Act 1969 (c.48)
11.In Schedule 10 to the Post Office Act 1969 (special...
Merchant Shipping Act 1970 (c.36)
12.In section 87 of the Merchant Shipping Act 1970 (merchant...
Taxes Management Act 1970 (c.9)
13.In section 16 of the Taxes Management Act 1970 (returns...
Tribunals and Inquiries Act 1971 (c.62)
14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Trading Act 1973 (c.41)
15.In Schedule 4 to the Fair Trading Act 1973 (excluded...
House of Commons Disqualification Act 1975 (c.24)
16.In Part II of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c.25)
17.In Part II of Schedule 1 to the Northern Ireland...
Restrictive Trade Practices Act 1976 (c.34)
18.(1) The Restrictive Trade Practices Act 1976 is amended as...
Resale Prices Act 1976 (c. 53)
19.In section 10(4) of the Resale Prices Act 1976 (patented...
Patents Act 1977 (c. 37)
20.In section 57 of the Patents Act 1977 (rights of...
21.In section 105 of the Patents Act 1977 (privilege in...
22.In section 123(7) of the Patents Act 1977 (publication of...
23.In section 130(1) of the Patents Act 1977 (interpretation), in...
Unfair Contract Terms Act 1977 (c. 50)
24.In paragraph 1 of Schedule 1 to the Unfair Contract...
Judicature (Northern Ireland) Act 1978 (c. 23)
25.In section 94A of the Judicature (Northern Ireland) Act 1978...
Capital Gains Tax Act 1979 (c. 14)
26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
British Telecommunications Act 1981 (c. 38)
27.In Schedule 5 to the British Telecommunications Act 1981 (special...
Senior Courts Act 1981 (c. 54)
28.(1) The Senior Courts Act 1981 is amended as follows....
29, 30.. . . . . . . . . ....
Companies Act 1985 (c. 6)
31.(1) Part XII of the Companies Act 1985 (registration of...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
32.In section 15 of the Law Reform (Miscellaneous Provisions) (Scotland)...
Atomic Energy Authority Act 1986 (c. 3)
33.In section 8(2) of the Atomic Energy Authority Act 1986...
Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3))
34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6))
35.In Article 403 of the Companies (Northern Ireland) Order 1986...
Income and Corporation Taxes Act 1988 (c. 1)
36.(1) The Income and Corporation Taxes Act 1988 is amended...
SCHEDULE 8
Repeals
