PART I continued CHAPTER III continued
(1) Where a record of spoken words is made, in writing or otherwise, for the purpose—
(a) of reporting current events, or
(b) of broadcasting or including in a cable programme service the whole or part of the work,
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.
(2) The conditions are that—
(a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or cable programme;
(b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
(c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
(d) the use is by or with the authority of a person who is lawfully in possession of the record.
(1) The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.
(2) Copyright in a work is not infringed by the making of a sound recording, or the broadcasting or inclusion in a cable programme service, of a reading or recitation which by virtue of subsection (1) does not infringe copyright in the work, provided that the recording, broadcast or cable programme consists mainly of material in relation to which it is not necessary to rely on that subsection.
(1) Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of it to the public.
(2) This section does not apply if or to the extent that there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any copyright in the words as a literary work or in the accompanying musical work, provided the conditions in subsection (2) below are met.
(2) The conditions are that—
(a) the words are unpublished and of unknown authorship at the time the recording is made,
(b) the making of the recording does not infringe any other copyright, and
(c) its making is not prohibited by any performer.
(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.
(4) The prescribed conditions shall include the following—
(a) that copies are only supplied to persons satisfying the archivist that they require them for purposes of research or private study and will not use them for any other purpose, and
(b) that no person is furnished with more than one copy of the same recording.
(5) In this section—
(a) “designated” means designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless satisfied that it is not established or conducted for profit,
(b) “prescribed” means prescribed for the purposes of this section by order of the Secretary of State, and
(c) references to the archivist include a person acting on his behalf.
(6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies to—
(a) buildings, and
(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.
(2) The copyright in such a work is not infringed by—
(a) making a graphic work representing it,
(b) making a photograph or film of it, or
(c) broadcasting or including in a cable programme service a visual image of it.
(3) Nor is the copyright infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of the copyright.
(1) It is not an infringement of copyright in an artistic work to copy it, or to issue copies to the public, for the purpose of advertising the sale of the work.
(2) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire, offered or exposed for sale or hire, exhibited in public or distributed.
Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by copying the work in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.
Anything done for the purposes of reconstructing a building does not infringe any copyright—
(a) in the building, or
(b) in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.
(1) The Secretary of State may by order provide that in such cases as may be specified in the order the rental to the public of copies of sound recordings, films or computer programs shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal.
(2) No such order shall apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
(3) An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies rented, the renter or the circumstances of the rental.
(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 a resolution of each House of Parliament.
(5) Copyright in a computer program is not infringed by the rental of copies to the public after the end of the period of 50 years from the end of the calendar year in which copies of it were first issued to the public in electronic form.
(6) Nothing in this section affects any liability under section 23 (secondary infringement) in respect of the rental of infringing copies.
(1) It is not an infringement of the copyright in a sound recording to play it as part of the activities of, or for the benefit of, a club, society or other organisation if the following conditions are met.
(2) The conditions are—
(a) that the organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and
(b) that the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the organisation.
(1) This section applies where by virtue of a licence or assignment of copyright a person is authorised to broadcast or include in a cable programme service—
(a) a literary, dramatic or musical work, or an adaptation of such a work,
(b) an artistic work, or
(c) a sound recording or film.
(2) He shall by virtue of this section be treated as licensed by the owner of the copyright in the work to do or authorise any of the following for the purposes of the broadcast or cable programme—
(a) in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;
(b) in the case of an artistic work, to take a photograph or make a film of the work;
(c) in the case of a sound recording or film, to make a copy of it.
(3) That licence is subject to the condition that the recording, film, photograph or copy in question—
(a) shall not be used for any other purpose, and
(b) shall be destroyed within 28 days of being first used for broadcasting the work or, as the case may be, including it in a cable programme service.
(4) A recording, film, photograph or copy made in accordance with this section shall be treated as an infringing copy—
(a) for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and
(b) for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.
(1) Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.
(2) Copyright is not infringed by—
(a) the making or use of recordings by the Independent Broadcasting Authority for the purposes mentioned in section 4(7) of the [1981 c. 68.] Broadcasting Act 1981 (maintenance of supervision and control over programmes and advertisements); or
(b) anything done under or in pursuance of provision included in a contract between a programme contractor and the Authority in accordance with section 21 of that Act.
(3) Copyright is not infringed by—
(a) the making by or with the authority of the Cable Authority, or the use by that Authority, for the purpose of maintaining supervision and control over programmes included in services licensed under Part I of the [1984 c. 46.] Cable and Broadcasting Act 1984, of recordings of those programmes; or
(b) anything done under or in pursuance of—
(i) a notice or direction given under section 16 of the Cable and Broadcasting Act 1984 (power of Cable Authority to require production of recordings); or
(ii) a condition included in a licence by virtue of section 35 of that Act (duty of Authority to secure that recordings are available for certain purposes).
The making for private and domestic use of a recording of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or cable programme or in any work included in it.
The making for private and domestic use of a photograph of the whole or any part of an image forming part of a television broadcast or cable programme, or a copy of such a photograph, does not infringe any copyright in the broadcast or cable programme or in any film included in it.
(1) The showing or playing in public of a broadcast or cable programme to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any copyright in—
(a) the broadcast or cable programme, or
(b) any sound recording or film included in it.
(2) The audience shall be treated as having paid for admission to a place—
(a) if they have paid for admission to a place of which that place forms part; or
(b) if goods or services are supplied at that place (or a place of which it forms part)—
(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme, or
(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3) The following shall not be regarded as having paid for admission to a place—
(a) persons admitted as residents or inmates of the place;
(b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.
(4) Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast or programme shall be taken into account in assessing the damages for that infringement.
(1) This section applies where a broadcast made from a place in the United Kingdom is, by reception and immediate re-transmission, included in a cable programme service.
(2) The copyright in the broadcast is not infringed—
(a) if the inclusion is in pursuance of a requirement imposed under section 13(1) of the [1984 c. 46.] Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or
(b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided and is not a satellite transmission or an encrypted transmission.
(3) The copyright in any work included in the broadcast is not infringed—
(a) if the inclusion is in pursuance of a requirement imposed under section 13(1) of the Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or
(b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided;
but where the making of the broadcast was an infringement of the copyright in the work, the fact that the broadcast was re-transmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.
(1) A designated body may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for their special needs, make copies of television broadcasts or cable programmes and issue copies to the public, without infringing any copyright in the broadcasts or cable programmes or works included in them.
(2) A “designated body” means a body designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.
(3) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) This section does not apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
(1) A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a designated body without thereby infringing any copyright in the broadcast or cable programme or in any work included in it.
(2) In subsection (1) “designated” means designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.
(3) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An act which by virtue of this Chapter may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.
(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 78.
(2) The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever—
(a) the work is published commercially, performed in public, broadcast or included in a cable programme service; or
(b) copies of a film or sound recording including the work are issued to the public;
and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.
(3) The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever—
(a) the work is published commercially;
(b) copies of a sound recording of the work are issued to the public; or
(c) a film of which the sound-track includes the work is shown in public or copies of such a film are issued to the public;
and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.
(4) The author of an artistic work has the right to be identified whenever—
(a) the work is published commercially or exhibited in public, or a visual image of it is broadcast or included in a cable programme service;
(b) a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or
(c) in the case of a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, copies of a graphic work representing it, or of a photograph of it, are issued to the public.
(5) The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.
(6) The director of a film has the right to be identified whenever the film is shown in public, broadcast or included in a cable programme service or copies of the film are issued to the public.
(7) The right of the author or director under this section is—
(a) in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy,
(b) in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and
(c) in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, showing, broadcast or cable programme in question;
and the identification must in each case be clear and reasonably prominent.
(8) If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used.
(9) This section has effect subject to section 79 (exceptions to right).
(1) A person does not infringe the right conferred by section 77 (right to be identified as author or director) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act.
(2) The right may be asserted generally, or in relation to any specified act or description of acts—
(a) on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his right to be identified, or
(b) by instrument in writing signed by the author or director.
(3) The right may also be asserted in relation to the public exhibition of an artistic work—
(a) by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or under his direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached, or
(b) by including in a licence by which the author or other first owner of copyright authorises the making of copies of the work a statement signed by or on behalf of the person granting the licence that the author asserts his right to be identified in the event of the public exhibition of a copy made in pursuance of the licence.
(4) The persons bound by an assertion of the right under subsection (2) or (3) are—
(a) in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through him, whether or not he has notice of the assertion;
(b) in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought;
(c) in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible;
(d) in the case of an assertion under subsection (3)(b), the licensee and anyone into whose hands a copy made in pursuance of the licence comes, whether or not he has notice of the assertion.
(5) In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.
(1) The right conferred by section 77 (right to be identified as author or director) is subject to the following exceptions.
(2) The right does not apply in relation to the following descriptions of work—
(a) a computer program;
(b) the design of a typeface;
(c) any computer-generated work.
(3) The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally vested—
(a) in the author’s employer by virtue of section 11(2) (works produced in course of employment), or
(b) in the director’s employer by virtue of section 9(2)(a) (person to be treated as author of film).
(4) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a) section 30 (fair dealing for certain purposes), so far as it relates to the reporting of current events by means of a sound recording, film, broadcast or cable programme;
(b) section 31 (incidental inclusion of work in an artistic work, sound recording, film, broadcast or cable programme);
(c) section 32(3) (examination questions);
(d) section 45 (parliamentary and judicial proceedings);
(e) section 46(1) or (2) (Royal Commissions and statutory inquiries);
(f) section 51 (use of design documents and models);
(g) section 52 (effect of exploitation of design derived from artistic work);
(h) section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).
(5) The right does not apply in relation to any work made for the purpose of reporting current events.
(6) The right does not apply in relation to the publication in—
(a) a newspaper, magazine or similar periodical, or
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
(7) The right does not apply in relation to—
(a) a work in which Crown copyright or Parliamentary copyright subsists, or
(b) a work in which copyright originally vested in an international organisation by virtue of section 168,
unless the author or director has previously been identified as such in or on published copies of the work.
(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.
(2) For the purposes of this section—
(a) “treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than—
(i) a translation of a literary or dramatic work, or
(ii) an arrangement or transcription of a musical work involving no more than a change of key or register; and
(b) the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;
and in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.
(3) In the case of a literary, dramatic or musical work the right is infringed by a person who—
(a) publishes commercially, performs in public, broadcasts or includes in a cable programme service a derogatory treatment of the work; or
(b) issues to the public copies of a film or sound recording of, or including, a derogatory treatment of the work.
(4) In the case of an artistic work the right is infringed by a person who—
(a) publishes commercially or exhibits in public a derogatory treatment of the work, or broadcasts or includes in a cable programme service a visual image of a derogatory treatment of the work,
(b) shows in public a film including a visual image of a derogatory treatment of the work or issues to the public copies of such a film, or
(c) in the case of—
(i) a work of architecture in the form of a model for a building,
(ii) a sculpture, or
(iii) a work of artistic craftsmanship,
issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.
(5) Subsection (4) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment he has the right to require the identification to be removed.
(6) In the case of a film, the right is infringed by a person who—
(a) shows in public, broadcasts or includes in a cable programme service a derogatory treatment of the film; or
(b) issues to the public copies of a derogatory treatment of the film,
or who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound-track.
(7) The right conferred by this section extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.
(8) This section has effect subject to sections 81 and 82 (exceptions to and qualifications of right).
(1) The right conferred by section 80 (right to object to derogatory treatment of work) is subject to the following exceptions.
(2) The right does not apply to a computer program or to any computer-generated work.
(3) The right does not apply in relation to any work made for the purpose of reporting current events.
(4) The right does not apply in relation to the publication in—
(a) a newspaper, magazine or similar periodical, or
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.
(5) The right is not infringed by an act which by virtue of section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author) would not infringe copyright.
(6) The right is not infringed by anything done for the purpose of—
(a) avoiding the commission of an offence,
(b) complying with a duty imposed by or under an enactment, or
(c) in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,
provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.