Citizendia


Copyright, Designs and Patents Act 1988
United Kingdom Parliament
Long title: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. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The long title (properly the title) is one of the parts together with the Short title, and the operative provisions (sections and Schedules which comprise an
Statute book chapter:1988 c. 48
Introduced by:
Territorial extent:Defined by s. 304[1]
Part 1 extends (partially) to Bermuda by S. I. 2003/1517. [2]
Dates
Date of Royal Assent:15 November 1988
Commencement:15 November 1988 (partially)
15 January 1989 (partially)
9 June 1989 (partially)
28 July 1989 (partially)
1 August 1989 (partially)
10 July 1990 (partially)
13 August 1990 (partially)
7 January 1991 (remainder)
Other legislation
Amendments:1990 c. 42, 1996 c. The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism 55, 2002 c. 25, 2002 c. 33, 2003 c. 28
S. The Legal Deposit Libraries Act 2003 (the 2003 Act is an Act of the Parliament of the United Kingdom (citation 2003 c I. 1995/3297, S. I. 1996/2967, S. I. 1997/3032, S.I. 2003/2498, S. The Copyright and Related Rights Regulations 2003 transpose Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects I. 2006/18, S. I. 2006/1028
Related legislation:S. I. 2005/1515, S. I. 2006/346
Status: Substantially amended
Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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The Copyright, Designs and Patents Act 1988 (c. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The UK Statute Law Database is the official web -accessible Database of the Statute law of the United Kingdom, hosted by the Ministry of 48), also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had until then been governed by the Copyright Act 1956 (c. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for Performing rights are the right to perform Music in public It is part of Copyright law and demands payment to the music’s Composer / Lyricist The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located  74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on registered designs and patents. Design right is a Sui generis Intellectual property right in British law. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an

Contents

Copyright

Main article: Copyright law of the United Kingdom

Part I of the Act "restates and amends" (s. The current Copyright law of the United Kingdom is to be found in the Copyright Designs and Patents Act 1988 (the 1988 Act with later amendments  172) the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 (c.  46) and 1956 (c.  74) continue to have some effect in limited circumstances under ss.  170 & 171 and Schedule 1. It brings United Kingdom law into line with the Berne Convention for the Protection of Literary and Artistic Works, which the UK signed more than one hundred years previously, and allowed the ratification of the Paris Act of 1971. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright [3]

Descriptions of work

The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs.

The following works are exempted from copyright by the transitional provisions of Schedule 1:

The Act as it received Royal Assent does not substantially change the qualification requirements of the author or the country of origin of the work, which are restated as ss.  153–156: these have since been largely modified, in particular by the Duration of Copyright and Related Rights Regulations 1995 No.  3297.

Duration of copyright

The provisions on duration have been largely modified by the Duration of Copyright and Related Rights Regulations 1995 No.  3297. [4] The provisions of the 1988 Act (ss.  12–15) as it received Royal Assent are given below. All periods of copyright run until the end of the calendar year in which they would otherwise expire. The duration of copyright under the 1988 Act does not depend on the initial owner of the copyright, nor on the country of origin of the work. The following durations do not apply to Crown copyright, Parliamentary copyright or the copyright of international organisations.

Literary, dramatic, musical or artistic workss. 12Copyright lasts for seventy years from the death of the author. If the author is unknown, copyright expires seventy years after the work is first made available to the public. If the work is computer-generated, copyright expires fifty years after the work is made.
Sound recordings and filmss. 13Copyright lasts for seventy years after the recording or film is made. If the recording or film is released (published, broadcast or shown in public) within this period, the copyright lasts for seventy years from the date of release.
Broadcasts and cable programmess. 14Copyright lasts for seventy years after the first broadcast or transmission. The repeat of a broadcast or a cable programme does not generate a new copyright period.
Typographical arrangementss. 15Copyright lasts for twenty-five years after the edition is published.

Transitional provisions

These provisions apply to works existing on 1 August 1989, other than those covered by Crown copyright or Parliamentary copyright (paras.  12 & 13 of Schedule 1).

The duration of copyright in the following types of work continues to be governed by the 1956 Act:

Copyright in the following types of work lasts until 31 December 2039:

Secondary infringement

The Act codifies the principle of secondary infringement, that is knowingly enabling or assisting in the infringement of copyright, which had previously been applied at common law (see R v Kyslant). Secondary infringement covers:

Permitted acts

Chapter III of Part I of the Act provides for a number of situations where copying or use of a work will not be deemed to infringe the copyright, in effect limitations on the rights of copyright holders. The existing common law defences to copyright infringement, notably fair dealing and the public interest defence, are not affected (s. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Fair dealing is a Doctrine of Limitations and exceptions to copyright which is found in many of the Common law jurisdictions of the Commonwealth of  171), although many of the statutory permitted acts would also qualify under one of the common law defences: the defence of statutory authority is specifically maintained in section 50. A statutory authority is an Australian body which has the right to enact legislation for specific areas of the Law. This chapter of the Act has been substantially modified, notably by the Copyright and Related Rights Regulations 2003 No. The Copyright and Related Rights Regulations 2003 transpose Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects  2498 transposing the EU Copyright Directive:[5] the description below is of the Act as it received Royal Assent. The Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

Educational use

In general, copying for educational use (including examination) is permitted so long as it is performed by the person giving or receiving instruction (s.  32) or by the education establishment in the case of a broadcast (s.  35)[6]: however, reprographic copying is only permitted within the limit of 1% of the work per three-month period (s.  36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s.  34): the parents of pupils are considered members of the public unless they have some other connection with the establishment (e. g. , by being teachers or governors). Further provisions are contained in secondary legislation. [7]

Libraries and archives

Librarians may make and supply single copies of an article or of a reasonable proportion of a literary, artistic or musical work to individuals who request them for the purposes of private study or research (ss.  38–40): copying of the entire work is possible if it is unpublished and the author has not prohibited copying (s. –43). They may also make and supply copies to other libraries (s.  41) and make copies of works in their possession where it is not reasonably possible to purchase further copies (s.  42). The detailed conditions for making copies are contained in secondary legislation, currently the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No.  1212. [8]

Public administration

Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purposes of a Royal Commission or statutory inquiry (ss. The term Royal Commission may also be used in the United Kingdom to describe the group of Lords Commissioners who may act in the stead of the  45, 46). The Crown may make copies of works which are submitted to it for official purposes (s.  48). Material which is open to public inspection or on an official register may be copied under certain conditions:[9] this includes material made open to public inspection by the European Patent Office and by the World Intellectual Property Organisation under the Patent Cooperation Treaty,[10] and material held as public records under the Public Records Act 1958 c. The European Patent Office (EPO is one of the two organs of the European Patent Organisation (EPOrg the other being the Administrative Council. The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. The Patent Cooperation Treaty ( PCT) is an International Patent Law Treaty, concluded in 1970 Public records refers to information that has been filed or recorded by local state federal or other government agencies such as corporate and property records The Public Records Act 1958 is an Act of the Parliament of the United Kingdom forming the main legislation governing Public records in the United  51 or similar legislation[11] (s.  49).

Designs and typefaces

The copyright in a design document is not infringed by making or using articles to that design, unless the design is an artistic work or a typeface (s.  51). If an artistic work has been exploited with permission for the design by making articles by an industrial process and marketing them, the work may be copied by making or using articles of any description after the end of a period of twenty-five years from the end of the calendar year when such articles were first marketed (s.  52). It is not an infringement of the copyright in a typeface to use it in the ordinary course of printing or to use the material produced by such printing (s.  54).

Miscellaneous

The following are also permitted acts (the list is not exhaustive):

Moral rights

The Act creates a specific regime of moral rights for the first time in the United Kingdom: previously, an author's moral right had to be enforced through other torts, e. Moral rights are Rights of creators of Copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties g. defamation, passing off, malicious falsehood. For other uses of this and related terms please refer to the " Pass " disambiguation page A malicious falsehood is a Lie that was uttered with Malice, IE The author's moral rights are:

The moral rights of an author cannot be transferred to another person (s.  94) and pass to his heirs on his death (s.  95): however, they may be waived by consent (s.  87). The right to object to false attribution of work last for twenty years after a person death, the other moral rights last for the same period as the other copyright rights in the work (s.  86).

Enforcement of copyright

Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s.  96) or, in the case of infringement of moral rights, as the tort of breach of statutory duty (s. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties  103). Damages will not be awarded against an "innocent" defendant, i. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful e. one who did not know and had no reason to know that the work was under copyright, but other remedies (e. g. injunction, account of profits: Scots law interdict, accounting and payment of profits) continue to be available (s. An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of Equitable remedy most Scots law is a unique legal system with an ancient basis in Roman law.  97, see Microsoft v Plato Technology). Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss.  99, 114): copyright owners may also seize such copies (s.  100). [15] The making, dealing in or use of infringing copies is a criminal offence (s. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment  107). Copyright owners may ask the HM Revenue and Customs to treat infringing copies as "prohibited goods", in which case they are prohibited from import (s.  111). [16]

Copyright Tribunal

The Act establishes the Copyright Tribunal as a continuation of the tribunal established under s.  23 of the 1956 Act (s.  145). [17] The Tribunal is empowered (s.  149) to hear and determine proceedings concerning:

An appeal on any point of law lies to the High Court, or to the Court of Session under Scots law. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively Scots law is a unique legal system with an ancient basis in Roman law.

Crown and Parliamentary copyrights

The Act simplifies the regime of Crown copyright, that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. Crown copyright is a form of Copyright claim used by the governments of a number of Commonwealth realms It provides special copyright rules for The Crown It also creates the separate concept of Parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament, and applies similar rules to the copyrights of certain international organisations. Parliamentary copyright was first created in the United Kingdom by the Copyright Designs and Patents Act 1988. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral

Crown copyright last for fifty years after publication, or 125 years after creation for unpublished works (s.  163): however, no unpublished works of the Crown will come into the public domain until 31 December 2039, that is fifty years after the commencement of section 163. The public domain is a range of abstract materials &ndash commonly referred to as Intellectual property &ndash which are not owned or controlled by anyone Acts of the United Kingdom and Scottish Parliaments and Church of England Measures are protected by Crown copyright for fifty years from Royal Assent (s. This is a list of Church of England Measures, which are the legislation of the Church of England.  164). Works of the Parliaments of the United Kingdom and of Scotland, except Bills and Acts, are protected by Parliamentary copyright for fifty years after creation: Bills are protected from the date of their introduction to the date of Royal Assent or of rejection (ss.  165–167, Parliamentary Copyright (Scottish Parliament) Order 1999 No.  676[18]). The works of the United Nations and its specialised agencies and of the Organisation of American States are protected for fifty years after creation (s. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The Organization of American States ( OAS, or as it is known in the three other official languages OEA) is an International organization, headquartered  168, Copyright (International Organisations) Order 1989 No.  989[19]).

Territorial application

Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located  157). It has also been extended, with consequential amendments, by Order in Council to Bermuda[20] and Gibraltar[21]. An Order-in-Council is a type of legislation in Commonwealth Realms. Ba (officially The Bermuda Islands or The Somers Isles) is a British overseas territory in the North Atlantic Ocean. Gibraltar (dʒɨˈbrɒltər is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar Works originating (by publication or nationality/domicile of the author) in the Isle of Man[22] or in one of the following former dependent territories[23] qualify for copyright under the Act:

Apart from these provisions, all countries of origin whose works qualified for United Kingdom copyright under the 1911 or 1956 Acts continue to qualify under this Act (para. The Isle of Man (Ellan Vannin ˈɛlʲən ˈvanɪn or Mann (Mannin) is a self-governing Crown dependency, located in the Irish Sea at the geographical The British Overseas Territories are fourteen territories that are under the Sovereignty of the United Kingdom, but which do not form part of the United Kingdom Antigua (ænˈtiːgə an-TEE-gah) is an Island in the West Indies, in the Leeward Islands in the Caribbean region the main The Commonwealth of Dominica, commonly known as Dominica, is an Island nation in the Caribbean Sea. Grenada (grɪˈneɪdə is an Island nation that includes the southern Grenadines in the southeastern Caribbean Sea. Guyana (ɡaɪˈænə or /ɡiːˈɑːnə/ officially the Co-operative Republic of Guyana and previously known as British Guiana, is the only Nation state Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. Kiribati or ( kirr-i-bas or KEE-ree-buhss ˈkiɾibas in Gilbertese) officially the Republic of Kiribati, is an Island nation located in Lesotho (lɪˈsuːtuː) officially the Kingdom of Lesotho, is a Landlocked country and Enclave — entirely surrounded by the Republic of South St Christopher-Nevis-Anguilla was historically an Overseas territory of the United Kingdom located in the Caribbean Sea. Saint Lucia (ˌseɪnt ˈluːʃɪə is an Island nation in the eastern Caribbean Sea on the boundary with the Atlantic Ocean. The Kingdom of Swaziland is a country located in Southern Africa centred at approximately 26o49'S 31o38'E Tuvalu, formerly known as the Ellice Islands, is a Polynesian Island nation located in the Pacific Ocean midway between Hawaii and  4(3) of Schedule 1). [24]

Rights in performances

Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961. As a performer every individual has certain rights These basic rights include the right to obtain some remuneration for ones work and to obtain information about how you (including your appearance For the Rome Convention on the Law Applicable to Contractual Obligations opened for signature in Rome on 19th June 1980 see Rome Convention (contract [25] These rights are retrospective in respect of performances before commencement on 1 August 1989 (s.  180). These rights have been largely extended by the transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty:[26] the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving The WIPO Performances and Phonograms Treaty (or WPPT) is an international Treaty signed by the member states of the World Intellectual Property Organization

A performer has the exclusive right to authorise the recording and/or broadcast of his performances (s.  182). The use or broadcast of recordings without the performer's consent (s.  183) and the import or distribution of illicit recordings (s.  184) are also infringements of the performer's rights. A person having an exclusive recording contract over one or more performances of an artist holds equivalent rights to the performer himself (ss.  185–188). Schedule 2 lists the permitted acts (limitations) in relation to these rights.

Rights in performances last for fifty years from the end of the year in which the performance was given (s.  191). They may not be assigned or transferred, and pass to the performer's executors on death (s.  192). An infringement of rights in performances is actionable under the tort of breach of statutory duty. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss. Scots law is a unique legal system with an ancient basis in Roman law.  195, 204): holders in rights in performances may also seize such copies (s.  196). The making, dealing in or use of infringing copies is a criminal offense (s. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment  198), as is the false representation of authority to give consent (s.  201).

Design right

Part III of the Act creates a "design right" separate from the registration of designs governed by the Registered Design Act 1949. To qualify, the design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s.  213(3)):

The design must be recorded in a document after 1989-08-01 (s. Year 1989 ( MCMLXXXIX) was a Common year starting on Sunday (link displays 1989 Gregorian calendar) Events 30 BC - Octavian (later known as Augustus enters Alexandria, Egypt, bringing it under the control of the Roman  213(6)): designs recorded or used before that date do not qualify (s.  213(7)).

The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s.  216).

Registered designs

Part IV of the Act contains a certain number of amendments to the Registered Designs Act 1949 c.  88. The criteria for registration of a design and the duration of the registered design right (ss.  1 & 8 of the 1949 Act) are notably modified. Provisions are also added to allow ministers to take action to protect the public interest in monopoly situations (s. In Economics, a monopoly (from Greek monos, alone or single + polein, to sell exists when a specific individual or enterprise has sufficient  11A of the 1949 Act) and to provide for compensation for Crown use of registered designs (para.  2A to Schedule 1 to the 1949 Act). A consolidated version of the Registered Designs Act 1949 is included (s.  273, Schedule 4).

Other provisions

Part V of the Act provides for the registration of patent agents and trade mark agents and for the privilege of their communications with clients from disclosure in court. A patent attorney is an Attorney who has the specialized qualifications necessary for representing clients in obtaining Patents and acting in all matters and procedures A trademark attorney or in the alternative spelling trade mark attorney, is a person who is qualified to act in matters involving Trademark Law and Under Common law, privilege is a term describing a number of rules excluding evidence that would be adverse to a fundamental principle or relationship if it were disclosed Part VI of the Act creates a system of patents county courts for proceedings involving patents which are of a lesser financial implication. In the legal system of Courts of England and Wales, the Patents County Court (PCC in London is an alternative venue to the Patents Court of the High

Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required. [27] Section 300 creates the offense of fraudulently using a trademark, inserted as ss.  58A–58D of the Trade Marks Act 1938 c. The Trade Marks Act 1994 is the law governing Trademarks within the United Kingdom and the Isle of Man.  22.

Section 301 and Schedule 6 contain an unusual, perpetual grant of copyright, proposed by Lord Callaghan of Cardiff, enabling the Great Ormond Street Hospital for Sick Children to continue to receive royalties for performances of "Peter Pan". Leonard James Callaghan Baron Callaghan of Cardiff, KG, PC (27 March 1912 – 26 March 2005 was Prime Minister of the United Kingdom from 1976 to 1979 The Great Ormond Street Hospital (GOSH is a medical institution specialising in the care of children Peter Pan is a fictional character created by Scottish novelist and playwright J The right to receive royalties was granted in the will of the author, J. M. Barrie, but expired with the normal copyright period on 31 December 1987. Sir James Matthew Barrie 1st Baronet OM ( 9 May, 1860 &ndash 19 June, 1937) more commonly known as J

Commencement

There are numerous commencement dates for the different sections of the Act, detailed below. The provisions on copyright, rights in performances and design right came into force on 1 August 1989, while the registration of patent agents and trade mark agents came into force on 13 August 1990.

Date of commencementProvisionsAuthority for commencement
15 November 1988s. 301 and Schedule 6
paras. 24 & 29 of Schedule 5		s. 305(1)
15 January 1989ss. 293 & 294s. 305(2)
28 July 1989ss. 304(4) & (6)Copyright, Designs and Patents Act 1988 (Commencement No. 4) Order 1989[28]
1 August 1989Parts I–III
Parts IV, VI & VII except for provisions mentioned elsewhere
Schedules 1–3, 5, 7 & 8 except for provisions below		Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989[29]
13 August 1990Part V
para 21 of Schedule 3
Schedule 4
para. 27 of Schedule 5
paras. 15, 18(2) & 21 of Schedule 7
consequential repeals of Schedule 8
ss. 272, 295, 303(1) & (2) insofar as they relate to the above		Copyright, Designs and Patents Act 1988 (Commencement No. 5) Order 1990[30]
7 January 1991paras. 1–11, 17–23, 25, 26, 28 & 30 of Schedule 5
consequential repeals in Schedule 8
ss. 295 & 303(2) insofar as they relate to the above		Copyright, Designs and Patents Act 1988 (Commencement No. 6) Order 1990[31]

The Copyright, Designs and Patents Act 1988 (Commencement No. 2) and (Commencement No. 3) Orders 1989[32] are technical measures to allow the preparation of secondary legislation.

Modifications

Transposition of European Union directives

The following regulations were made under the European Communities Act 1972 in order to implement European Union directives in UK law. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving

DirectiveTransposition
Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor productsDesign Right (Semiconductor Topographies) Regulations 1989 No.  1100[33]
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programsCopyright (Computer Programs) Regulations 1992 No. Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive in the field of Copyright law made under  3233[34]
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual propertyCopyright and Related Rights Regulations 1996 No. Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is a European  2967[35]
Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rightsDuration of Copyright and Rights in Performances Regulations 1995 No. Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights is a European Union directive in the field of  3297[36]
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmissionCopyright and Related Rights Regulations 1996 No. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable  2967
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesCopyright and Rights in Databases Regulations 1997 No. The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesis a European Union directive in the field of Copyright  3032[37]
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, often known as the EU copyright directiveCopyright and Related Rights Regulations 2003 No. The Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society The Copyright and Related Rights Regulations 2003 transpose Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects  2498[38][39]
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art[40]Artist's Resale Right Regulations 2006 No. Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European  346[41]
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights[42]Intellectual Property (Enforcement, etc. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (also known as "(IPR Enforcement Directive" ) Regulations 2006 No.  1028[43]

Also:

Other modifying measures

Other secondary legislation

References and notes

  1. ^  Section 304 of the CDPA.
  2. ^  The Berne Convention came into force for the United Kingdom on 5 December 1887. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright The United Kingdom ratified the Paris Act of the Convention on 2 January 1990. The Paris Act extends to the Isle of Man from 18 March 1996. The Isle of Man (Ellan Vannin ˈɛlʲən ˈvanɪn or Mann (Mannin) is a self-governing Crown dependency, located in the Irish Sea at the geographical Source: WIPO.
  3. ^  Modifications to the duration of copyright were by transposition of Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, OJ no.  L290 of 24 November 1993, p.  9.
  4. ^  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ no.  L167 of 22 June 2001, p.  10, corrected by OJ no.  L006 of 10 January 2002, p.  70.
  5. ^  This does not apply if there is an approved licensing scheme which covers the broadcasts. See Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University) Order 2003 No. 187.
  6. ^  Copyright (Application of Provisions relating to Educational Establishments to Teachers) (No. 2) Order 1989 No. 1067. Copyright (Educational Establishments) Order 2005 No. 223.
  7. ^  Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No. 1212.
  8. ^  Copyright (Material Open to Public Inspection) (Marking of Copies of Maps) Order 1989 No. 1099. Copyright (Material Open to Public Inspection) (Marking of Copies of Plans and Drawings) Order 1990 No. 1427.
  9. ^  Copyright (Material Open to Public Inspection) (International Organisations) Order 1989 No. 1098.
  10. ^  Public Records (Scotland) Act 1937 c.  43. Public Records (Northern Ireland) Act 1923 c.  20 (N. I. ).
  11. ^  Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989 No. 1012.
  12. ^  Copyright (Sub-titling of Broadcasts and Cable Programmes) (Designated Body) Order 1989 No. 1013.
  13. ^  Copyright (Recording for Archives of Designated Class of Broadcasts and Cable Programmes) (Designated Bodies) Order 1993 No. 74.
  14. ^  See also Copyright and Rights in Performances (Notice of Seizure) Order 1989 No. 1006.
  15. ^  See also Copyright (Customs) Regulations 1989 No. 1178. Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 No. 1473.
  16. ^  See also Copyright Tribunal Rules 1989 No. 1129. Copyright Tribunal (Amendment) Rules 1991 No. 201. Copyright Tribunal (Amendment) Rules 1992 No. 467.
  17. ^  The Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676.
  18. ^  The Copyright (International Organisations) Order 1989 No. 989, ISBN 0-11-096989-8.
  19. ^  The Copyright (Bermuda) Order 2003 No. 1517, ISBN 0-11-046509-1.
  20. ^  The Copyright (Gibraltar) Order 2005 No. 853, ISBN 0-11-072694-4.
  21. ^  The Copyright (Application to the Isle of Man) Order 1992 No. 1313, ISBN 0-11-024313-7.
  22. ^  Botswana, the Seychelles, the Solomon Islands and Uganda have been removed from the list of countries enjoying qualification as former dependent territories with respect to the list which applied for the 1956 Act: The Copyright (Status of Former Dependent Territories) Order 1990 No. 1512, ISBN 0-11-004512-2. The Republic of Botswana (Lefatshe la Botswana is a Landlocked nation in Southern Africa. Seychelles (seɪˈʃɛl or /seɪˈʃɛlz/ in English and seʃɛl in French) officially the Republic of Seychelles (République des Seychelles Creole The Solomon Islands is a country in Melanesia, east of Papua New Guinea, consisting of nearly one thousand islands The Republic of Uganda is a Landlocked country in East Africa.
  23. ^  See also Copyright and Performances (Application to Other Countries) Order 2006 No. 316.
  24. ^  The United Kingdom became a party to the Rome Convention on 18 May 1964 subject to a declaration concerning Articles 5(1)(b), 6(2) and 16(1)(a)(ii), (iii) and (iv) [Le Droit d'auteur, 1963, p. The Rome Convention may refer to one of the following conventions Rome Convention of 1980 on contractual obligations Rome Convention for the  244]. The convention extends to Gibraltar and Bermuda with the same declaration [Copyright, 1967, p. Gibraltar (dʒɨˈbrɒltər is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar Ba (officially The Bermuda Islands or The Somers Isles) is a British overseas territory in the North Atlantic Ocean.  36; Copyright, 1970, p.  108], and to the Isle of Man (with effect from 28 July 1999). The Isle of Man (Ellan Vannin ˈɛlʲən ˈvanɪn or Mann (Mannin) is a self-governing Crown dependency, located in the Irish Sea at the geographical Source: WIPO.
  25. ^  The application of the WIPO Performances and Phonograms Treaty in UK law is made by the Performances (Moral Rights, etc. The WIPO Performances and Phonograms Treaty (or WPPT) is an international Treaty signed by the member states of the World Intellectual Property Organization ) Regulations 2006 No.  18.
  26. ^  This provision has been extended to Guernsey: Fraudulent Reception of Transmissions (Guernsey) Order 1989 No. 2003. The Bailiwick of Guernsey (Bailliage de Guernesey is a British Crown dependency in the English Channel off the coast of Normandy.
  27. ^  The Copyright, Designs and Patents Act 1988 (Commencement No. 4) Order 1989 No. 1303.
  28. ^  The Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989 No. 816.
  29. ^  The Copyright, Designs and Patents Act 1988 (Commencement No. 5) Order 1990 No. 1400.
  30. ^  The Copyright, Designs and Patents Act 1988 (Commencement No. 6) Order 1990 No. 2168.
  31. ^  The Copyright, Designs and Patents Act 1988 (Commencement No. 2) Order 1989 No. 955. The Copyright, Designs and Patents Act 1988 (Commencement No. 3) Order 1989 No. 1032.
  32. ^  Design Right (Semiconductor Topographies) Regulations 1989 No. 1100, amended by the Design Right (Semiconductor Topographies) (Amendment) Regulations 2006 No. 1833.
  33. ^  Copyright (Computer Programs) Regulations 1992 No. 3233.
  34. ^  Copyright and Related Rights Regulations 1996 No. 2967
  35. ^  The Duration of Copyright and Rights in Performances Regulations 1995 No. 3297, ISBN 0-11-053833-1.
  36. ^  Copyright and Rights in Databases Regulations 1997 No. 3032, amended by the Copyright and Rights in Databases (Amendment) Regulations 2003 No. 2501.
  37. ^  The Copyright and Related Rights Regulations 2003 No. 2498, ISBN 0-11-047709-X.
  38. ^  The United Kingdom lost a "failure to transpose" case in the European Court of Justice with respect to Directive 2001/29/EC: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Case C-88/04), OJ no. This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice  C045 of 19 February 2005, p.  11.
  39. ^  Artist's Resale Right Regulations 2006 No. 346.
  40. ^  Intellectual Property (Enforcement, etc.) Regulations 2006 No. 1028.
  41. ^  Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995 No. 1445.
  42. ^  The Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676.
  43. ^  Conditional Access (Unauthorised Decoders) Regulations 2000 No. 1175.
  44. ^  For commencement, see the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (Commencement) Order 2002 No. 2749
  45. ^  For commencement, see the Copyright (Visually Impaired Persons) Act 2002 (Commencement) Order 2003 No. 2499
  46. ^  For commencement, see the Legal Depost Libraries Act 2003 (Commencement) Order 2004 No. 130
  47. ^  Re-use of Public Sector Information Regulations 2005 No. 1515.
  48. ^  Performances (Moral Rights, etc.) Regulations 2006 No. 18.

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