Copyright, Designs and Patents Act 1988 As amended by the legislation indicated overleaf Status of this document This document is an unofficial consolidated text of the main UK legislation on copyright. 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 Legislation.gov.uk website at http://www.legislation.gov.uk/. To report errors or omissions in this document, contact [email protected] 1 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 2 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 The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 The Enterprise and Regulatory Reform Act 2013 The Copyright and Duration of Rights in Performances Regulations 2013 The Copyright and Duration of Rights in Performances Regulations (amendment) 2014 The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014 The Copyright (Public Administration) Regulations 2014 The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 The Copyright and Rights in Performances (Disability) Regulations 2014 The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 Intellectual Property Act 2014 The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 The Enterprise and Regulatory Reform Act 2013 (Commencement No. 10 and Saving Provisions) Order 2016 The Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016 The Collective Management of Copyright (EU Directive) Regulations 2016 NHS (Charitable Trusts Etc) Act 2016 The Copyright (Amendment) Regulations 2016 Digital Economy Act 2017 The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 3 The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2018 4 Copyright, Designs and Patents Act 1988 1988 CHAPTER 48 An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes 15th November 1988 BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 5 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 6 Broadcasts 6A Safeguards in relation to certain satellite broadcasts 8 Published editions Authorship and ownership of copyright 9 Authorship of work 10 Works of joint authorship 10A Works of co-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 6 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" 7 CHAPTER III ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS Introductory 28 Introductory provisions General 28A Making of temporary copies 29 Research and private study 29A Copies for text and data analysis for non-commercial research 30 Criticism, review, quotation and news reporting 30A Caricature, parody or pastiche 31 Incidental inclusion of copyright material Disability 31A Disabled persons: copies of works for personal use 31B Making, communicating, making available, distributing or lending of accessible copies by authorised bodies 31BA Making, communicating, making available, distributing or lending of intermediate copies by authorised bodies 31BB Accessible and intermediate copies: records and notification 31F Sections 31A to 31BB: interpretation and general Education 32 Illustration for instruction 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 . 8 36 Copying and use of extracts of works by educational establishments 36A Lending of copies by educational establishments Libraries and archives 40A Lending of copies by libraries or archives 40B Libraries and educational establishments etc: making works available through dedicated terminals 41 Copying by librarians: supply of single copies to other libraries 42 Copying by librarians etc: replacement copies of works 42A Copying by librarians: single copies of published works 43 Copying by librarians or archivists: single copies of unpublished works 43A Sections 40A to 43: interpretation 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