Copyright, Designs and Patents Act 1988

Copyright, Designs and Patents Act 1988 (c. 48)

1988 c. 48

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Copyright, Designs and Patents Act 1988 (c. 48)

1988 Chapter c. 48

ARRANGEMENT OF SECTIONS

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.
4.	Artistic works.
5.	Sound recordings and films.
6.	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.
13.	Duration of copyright in sound recordings and films.
14.	Duration of copyright in broadcasts and cable programmes.
15.	Duration of copyright in typographical arrangement of published editions.

Chapter II
Rights of Copyright Owner
16.	The acts restricted by copyright in a work.
17.	Infringement of copyright by copying.
18.	Infringement by issue of copies to the public.
19.	Infringement by performance, showing or playing of work in public.
20.	Infringement by broadcasting or inclusion in a cable programme service.
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
29.	Research and private study.
30.	Criticism, review and news reporting.
31.	Incidental inclusion of copyright material.

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 and cable programmes.
36.	Reprographic copying by educational establishments of passages from published works.

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.
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.

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.

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: sound recordings, films and computer programs
66.	Rental of sound recordings, films and computer programs.
67.	Playing of sound recordings for purposes of club, society, &c.

Miscellaneous: broadcasts and cable programmes
68.	Incidental recording for purposes of broadcast or cable programme.
69.	Recording for purposes of supervision and control of broadcasts and cable programmes.
70.	Recording for purposes of time-shifting.
71.	Photographs of television broadcasts or cable programmes.
72.	Free public showing or playing of broadcast or cable programme.
73.	Reception and re-transmission of broadcast in cable programme service.
74.	Provision of sub-titled copies of broadcast or cable programme.
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.

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.
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 for 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, films and computer programs.
106.	Presumptions relevant to works subject to Crown copyright.

Offences
107.	Criminal liability for making or dealing with infringing articles, &c.
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.
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 ss. 118 to 123 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 ss. 125 to 128 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.

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 or cable programmes.
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.

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 rental of certain works
142.	Royalty or other sum payable for rental of sound recording, film or computer program.

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.

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.

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.
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.
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
Introductory
180.	Rights conferred on performers and persons having recording rights.

Performers' rights
181.	Qualifying performances.
182.	Consent required for recording or live transmission of performance.
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 Part.
190.	Power of tribunal to give consent on behalf of performer in certain cases.

Duration and transmission of rights; consent
191.	Duration of rights.
192.	Transmission of rights.
193.	Consent.

Remedies for infringement
194.	Infringement actionable as breach of statutory duty.
195.	Order for delivery up.
196.	Right to seize illicit recordings.
197.	Meaning of "illicit recording".

Offences
198.	Criminal liability for making, dealing with or using illicit recordings.
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.
205.	Jurisdiction of county court and sheriff court.

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.

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 agents.
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
Devices designed to circumvent copy-protection
296.	Devices designed to circumvent copy-protection.

Fraudulent reception of transmissions
297.	Offence of fraudulently receiving programmes.
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.

Schedule 1

Schedule 2

Rights in performances: permitted acts.

Schedule 3

Registered designs: minor and consequential amendments of 1949 Act.

Schedule 4

The Registered Designs Act 1949 as amended.

Schedule 5

Patents: miscellaneous amendments.

Schedule 6

Provisions for the benefit of the Hospital for Sick Children.

Schedule 7

Consequential amendments: general.

Schedule 8

Repeals.

Prepared 20th September 2000