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.
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:—
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Part I |
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Copyright |
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Chapter I |
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Subsistence, ownership and duration of copyright |
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Introductory |
Copyright and copyright works.
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1.—(1) Copyright
is a property right which subsists in accordance with this Part
in the following descriptions of work—
(a) original literary, dramatic, musical or
artistic works,
(b) sound recordings, films, broadcasts or cable
programmes, and
(c) the typographical arrangement of published
editions.
(2) In this Part "copyright
work" means a work of any of those descriptions in which
copyright subsists.
(3) Copyright does not subsist in a
work unless the requirements of this Part with respect to
qualification for copyright protection are met (see section 153
and the provisions referred to there). |
Rights subsisting in copyright works.
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2.—(1) The
owner of the copyright in a work of any description has the
exclusive right to do the acts specified in Chapter 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
Chapter 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).
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Descriptions of work and related provisions |
Literary, dramatic and musical works.
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3.—(1) In
this Part—
"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, and
"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 Part
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. |
Artistic works.
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4.—(1) In
this Part "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 Part—
"building" includes any fixed structure, and a part
of a building or fixed structure;
(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.
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Sound recordings and films.
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5.—(1) In
this Part—
(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; and
"film" means a recording on any medium from which a
moving image may by any means be produced.
(2) Copyright does not subsist in a
sound recording or film which is, or to the extent that it is, a
copy taken from a previous sound recording or film. |
Broadcasts.
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6.—(1) In
this Part a "broadcast" means a transmission by
wireless telegraphy of visual images, sounds or other
information which—
(a) is capable of being lawfully received by
members of the public, or
(b) is transmitted for presentation to members of
the public;
and references to broadcasting shall be construed accordingly.
(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) References in this Part to the
person making a broadcast, broadcasting a work, or including a
work in 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 Part to a programme, in the context of
broadcasting, are to any item included in a broadcast.
(4) For the purposes of this Part
the place from which a broadcast is made is, in the case of a
satellite transmission, the place from which the signals
carrying the broadcast are transmitted to the satellite.
(5) References in this Part to the
reception of a broadcast include reception of a broadcast
relayed by means of a telecommunications system.
(6) Copyright does not subsist in a
broadcast which infringes, or to the extent that it infringes,
the copyright in another broadcast or in a cable programme. |
Cable programmes.
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7.—(1) In
this Part—
"cable programme" means any item included in a cable
programme service; and
"cable programme service" means a service which
consists wholly or mainly in sending visual images, sounds or
other information by means of a telecommunications system,
otherwise than by wireless telegraphy, for reception—
(a) at two or more places (whether for simultaneous
reception or at different times in response to requests by
different users), or
(b) for presentation to members of the public,
and which is not, or so far as it is not, excepted by or under
the following provisions of this section.
(2) The following are excepted from
the definition of "cable programme service"—
(a) a service or part of a service of which it is
an essential feature that while visual images, sounds or other
information are being conveyed by the person providing the
service there will or may be sent from each place of
reception, by means of the same system or (as the case may be)
the same part of it, information (other than signals sent for
the operation or control of the service) for reception by the
person providing the service or other persons receiving it;
(b) a service run for the purposes of a business
where—
(i) no person except the person carrying on the
business is concerned in the control of the apparatus
comprised in the system,
(ii) the visual images, sounds or other
information are conveyed by the system solely for purposes
internal to the running of the business and not by way of
rendering a service or providing amenities for others, and
(iii) the system is not connected to any other
telecommunications system;
(c) a service run by a single individual where—
(i) all the apparatus comprised in the system is
under his control,
(ii) the visual images, sounds or other
information conveyed by the system are conveyed solely for
domestic purposes of his, and
(iii) the system is not connected to any other
telecommunications system;
(d) services where—
(i) all the apparatus comprised in the system is
situated in, or connects, premises which are in single
occupation, and
(ii) the system is not connected to any other
telecommunications system,
other than services operated as part of the amenities provided
for residents or inmates of premises run as a business;
(e) services which are, or to the extent that they
are, run for persons providing broadcasting or cable programme
services or providing programmes for such services.
(3) The Secretary of State may by
order amend subsection (2) so as to add or remove exceptions,
subject to such transitional provision as appears to him to be
appropriate.
(4) An order shall be made by
statutory instrument; and no order shall be made unless a draft
of it has been laid before and approved by resolution of each
House of Parliament.
(5) References in this Part to the
inclusion of a cable programme or work in a cable programme
service are to its transmission as part of the service; and
references to the person including it are to the person
providing the service.
(6) Copyright does not subsist in a
cable programme—
(a) if it is included in a cable programme service
by reception and immediate re-transmission of a broadcast, or
(b) if it infringes, or to the extent that it
infringes, the copyright in another cable programme or in a
broadcast.
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Published editions.
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8.—(1) In
this Part "published edition", in the context of
copyright in the typographical arrangement of a published
edition, means a published 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. |
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Authorship and ownership of copyright |
Authorship of work.
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9.—(1) In
this Part "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 or film, the
person by whom the arrangements necessary for the making of
the recording or film are undertaken;
(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) in the case of a cable programme, the person
providing the cable programme service in which the programme
is included;
(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 Part 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 Part
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. |
Works of joint authorship.
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10.—(1) In
this Part 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.
(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 Part 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. |
First ownership of copyright.
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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 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.
(3) This section does not apply to
Crown copyright or Parliamentary copyright (see sections 163 and
165) or to copyright which subsists by virtue of section 168
(copyright of certain international organisations). |
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Duration of copyright |
Duration of copyright in literary, dramatic,
musical or artistic works.
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12.—(1) Copyright
in a literary, dramatic, musical or artistic work expires at the
end of the period of 50 years from the end of the calendar year
in which the author dies, subject to the following provisions of
this section.
(2) If the work is of unknown
authorship, copyright expires at the end of the period of 50
years from the end of the calendar year in which it is first
made available to the public; and subsection (1) does not apply
if the identity of the author becomes known after the end of
that period.
For this purpose making available to the public includes—
(a) in the case of a literary, dramatic or musical
work—
(i) performance in public, or
(ii) being broadcast or included in a cable
programme service;
(b) in the case of an artistic work—
(i) exhibition in public,
(ii) a film including the work being shown in
public, or
(iii) being included in a broadcast or cable
programme service;
but in determining generally for the purposes of this
subsection whether a work has been made available to the
public no account shall be taken of any unauthorised act.
(3) If the work is
computer-generated neither of the above provisions applies 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.
(4) In relation to a work of joint
authorship—
(a) the reference in subsection (1) 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 of the authors
whose identity is known; and
(b) the reference in subsection (2) to the identity
of the author becoming known shall be construed as a reference
to the identity of any of the authors becoming known.
(5) This section does not apply to
Crown copyright or Parliamentary copyright (see sections 163 to
166) or to copyright which subsists by virtue of section 168
(copyright of certain international organisations). |
Duration of copyright in sound recordings and
films.
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13.—(1) Copyright
in a sound recording or film expires—
(a) at the end of the period of 50 years from the
end of the calendar year in which it is made, or
(b) if it is released before the end of that
period, 50 years from the end of the calendar year in which it
is released.
(2) A sound recording or film is
"released" when—
(a) it is first published, broadcast or included in
a cable programme service, or
(b) in the case of a film or film sound-track, the
film is first shown in public;
but in determining whether a work has been released no account
shall be taken of any unauthorised act. |
Duration of copyright in broadcasts and cable
programmes.
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14.—(1) Copyright
in a broadcast or cable programme expires at the end of the
period of 50 years from the end of the calendar year in which
the broadcast was made or the programme was included in a cable
programme service.
(2) Copyright in a repeat broadcast
or cable programme expires at the same time as the copyright in
the original broadcast or cable programme; and accordingly no
copyright arises in respect of a repeat broadcast or cable
programme which is broadcast or included in a cable programme
service after the expiry of the copyright in the original
broadcast or cable programme.
(3) A repeat broadcast or cable
programme means one which is a repeat either of a broadcast
previously made or of a cable programme previously included in a
cable programme service. |
Duration of copyright in typographical
arrangement of published editions.
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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. |
Copyright,
Designs and Patents Act 1988
(c. 48)