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Copyright, Rights in Performances, Publication Right, Database Right Copyright Rights in Performances Publication Right Database Right UNOFFICIAL CONSOLIDATED TEXT OF UK LEGISLATION TO 8 April 2010 Crown Copyright material is reproduced with the permission of OPSI and the Queen's Printer for Scotland Preface Status of this document This document is an unofficial consolidated text of the main UK legislation on copyright and related rights as amended up to 8 April 2010. (It does not include Statutory Instruments made under the Copyright, Designs and Patents Act 1988.) It has been produced by the United Kingdom Intellectual Property Office but we cannot guarantee its accuracy and it has no legal authority. Only the Copyright, Designs and Patents Act 1988 as enacted and the other Acts of Parliament and Statutory Instruments amending it, or making provision on copyright and related rights separately from the Act, are authoritative. These can be found on the OPSI website at http://www.opsi.gov.uk/ It would be helpful if anyone identifying errors or omissions in this unofficial consolidation could report them to [email protected] so that we can make corrections where appropriate. Background to changes to the law A considerable number of changes have been made to the law in this area since the enactment of the Copyright, Designs & Patents Act 1988. Most of these have resulted from secondary legislation amending the 1988 Act in order to implement EC Directives in the field, namely: Directive 91/250/EEC on the legal protection of computer programs; Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property; Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission; Directive 93/98/EEC harmonizing the term of protection of copyright and certain related rights; Directive 96/9/EC on the legal protection of databases; Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional access; and Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. Other changes have arisen from the 2002 Copyright (Visually Impaired Persons) Act and Copyright, etc. and Trade Marks (Offences and Enforcement) Act, and from various legislation since 1988 in areas outside copyright. EC legislation has also led to the introduction of ‘publication right’ and ‘database right’ in UK law. Note on SI 2003/2498 and SI 2006/18 Footnotes in the text seek to indicate the source and nature of amendments to the law, and some other matters. It should be noted, however, that the footnotes do not cover all of the changes made by SI 2003/2498, implementing Directive 2001/29/EC and SI 2006/18 (The Performances (Moral Rights etc) Regulations 2006. SI 2003/2468 redefined the terms ‘broadcast’ and ‘broadcasting’ to embrace not only wireless transmissions to the public at large (as originally), but also wire 3 transmissions of a similar kind. It also removed the concept of a ‘cable programme’ as a separate kind of copyright work, and replaced the restricted act of ‘broadcasting or inclusion in a cable programme service’ by one of ‘communication to the public’ by electronic transmission. These changes necessitated a considerable number of consequential amendments throughout the legislation, too numerous all to be indicated by footnotes. In many cases, previous references to ‘broadcasts or cable programmes’ as species of copyright works have become references simply to ‘broadcasts’ (as redefined), and references to the act of ‘broadcasting or inclusion in a cable programme service’ have become references to ‘communication to the public’. However, this is not always so, and readers are advised to consult the legislation prior to SI 2003/2498 if they need to determine the precise position previously on provisions now referring to ‘broadcasts’, ‘broadcasting’ or ‘communication to the public’. 4 CONTENTS Copyright, Designs and Patents Act 1988 ............................................... 18 Part I Copyright ................................................................................................... 19 Part II Rights In Performances .......................................................................... 166 Part VII Miscellaneous And General .................................................................. 207 Schedules ......................................................................................................... 227 The Copyright (Computer Programs) Regulations 1992 (Si 1992 No. 3233) ..... 264 The Duration Of Copyright And Rights In Performances Regulations 1995 (Si 1995 No. 3297) ................................................................................................. 265 The Copyright And Related Rights Regulations 1996 (Si 1996 No. 2967) ......... 274 The Copyright And Related Rights Regulations 2003 (Si 2003 No. 2498) ........ 278 PUBLICATION RIGHT (SI 1996/2967) ................................................... 284 Database Right (SI 1997/3032, Part III) .......................................................... 288 The Copyright And Rights In Databases Regulations 1997 (Si 1997/3032) ....... 303 Annex I Broadcasting Act 1990 ......................................................................... 307 Annex II Broadcasting Act 1996 ........................................................................ 311 Annex III Legal Deposit Libraries Act 2003 ........................................................ 312 Annex IV The Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013 ......................................................................................................... 319 Annex V Standing Or Interpretation Of Certain Provisions Of The Copyright, Designs And Patents Act 1988 .......................................................................... 322 Annex VI Repealed Or Superseded Provisions Of The Copyright, Designs And Patents Act 1988 ............................................................................................... 324 Annex VII Statutory Instruments ........................................................................ 338 5 Copyright, Designs and Patents Act 1988 As amended by the legislation indicated overleaf 6 This text reproduces the provisions of Part I (Copyright), Part II (Rights in Performances) and Part VII (Miscellaneous and General) of the 1988 Act, and relevant Schedules to the Act, as amended or introduced by the following legislation : - National Health Service and Community Care Act 1990 Broadcasting Act 1990 Courts and Legal Services Act 1990 Health and Personal Social Services (Northern Ireland) Order 1991, SI 1991/194 (N.I.1) High Court and County Courts Jurisdiction Order 1991, SI 1991/724 (L.5) Copyright (Computer Programs) Regulations 1992, SI 1992/3233 Judicial Pensions and Retirement Act 1993 Charities Act 1993 Trade Marks Act 1994 Criminal Justice (Northern Ireland) Order 1994, SI 1994/2795 (N.I.15) Criminal Justice and Public Order Act 1994 Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995, SI 1995/1445 Merchant Shipping Act 1995 Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 Duration of Copyright and Rights in Performances Regulations 1995, SI 1995/3297 Arbitration Act 1996 Broadcasting Act 1996 Education Act 1996 Copyright and Related Rights Regulations 1996, SI 1996/2967 Copyright and Rights in Databases Regulations 1997, SI 1997/3032 Government of Wales Act 1998 Competition Act 1998 Northern Ireland Act 1998 Scotland Act 1998 Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999, SI 1999/506 Health Act 1999 (Supplementary and Consequential Provisions) Order 1999, SI 1999/2795 Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000, SI 2000/90 Powers of Criminal Courts (Sentencing Act) 2000 Conditional Access (Unauthorised Decoders) Regulations 2000, SI 2000/1175 Registered Designs Regulations 2001, SI 2001/3949 Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 Copyright (Visually Impaired Persons) Act 2002 Enterprise Act 2002 Communications Act 2003 Copyright and Related Rights Regulations 2003, SI 2003/2498 Legal Deposit Libraries Act 2003 Health and Social Care (Community Health and Standards Act) 2003 Serious Organised Crime and Police Act 2005 The Performances (Moral Rights etc) Regulations 2006 The Intellectual Property (Enforcement, etc.) Regulations 2006 Government of Wales Act 2006 The Criminal Justice and Public Order Act 1994 (Commenct. No. 14) Order 2007 The Parliamentary Copyright (National Assembly for Wales) Order 2007 The Digital Economy Act 2010 7 Copyright, Designs and Patents Act 1988 CHAPTER 48 ARRANGEMENT OF SECTIONS PART I COPYRIGHT CHAPTER 1 SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT Introductory Section 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 6 Broadcasts 6A Safeguards in case of certain satellite broadcasts [7 Deleted] 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
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