Office of Public Sector Information

176 Requirement of signature: application in relation to body corporate

(1) The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—

• section 78(3)(b) (assertion by licensor of right to identification of author in case of public exhibition of copy made in pursuance of the licence),

• section 90(3) (assignment of copyright),

• section 91(1) (assignment of future copyright),

• section 92(1) (grant of exclusive licence).

(2) The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—

• section 78(2)(b) (assertion by instrument in writing of right to have author identified),

• section 87(2) (waiver of moral rights).

177 Adaptation of expressions for Scotland

In the application of this Part to Scotland—

• “account of profits” means accounting and payment of profits;

• “accounts” means count, reckoning and payment;

• “assignment” means assignation;

• “costs” means expenses;

• “defendant” means defender;

• “delivery up” means delivery;

• “estoppel” means personal bar;

• “injunction” means interdict;

• “interlocutory relief” means interim remedy; and

• “plaintiff” means pursuer.

178 Minor definitions

In this Part—

• “article”, in the context of an article in a periodical, includes an item of any description;

• “business” includes a trade or profession;

• “collective work” means—

  (a)

  a work of joint authorship, or

  (b)

  a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

• “computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

• “country” includes any territory;

• “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;

• “electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

• “employed”, “employee”, “employer” and “employment” refer to employment under a contract of service or of apprenticeship;

• “facsimile copy” includes a copy which is reduced or enlarged in scale;

• “international organisation” means an organisation the members of which include one or more states;

• “judicial proceedings” includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;

• “parliamentary proceedings” includes proceedings of the Northern Ireland Assembly or of the European Parliament;

• “rental” means any arrangement under whch a copy of a work is made available—

  (a)

  for payment (in money or money’s worth), or

  (b)

  in the course of a business as part of services or amenities for whch payment is made,

  on terms that it will or may be returned;

• “reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process;

• “reprographic process” means a process—

  (a)

  for making facsimile copies, or

  (b)

  involving the use of an appliance for making multiple copies,

  and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

• “sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—

  (a)

  in the case of a published work, it is published anonymously;

  (b)

  in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

• “sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication—

  (a)

  given at the time of the act, and

  (b)

  if the author or director is then identified, appearing along with the identification,

  that the work has been subjected to treatment to which the author or director has not consented;

• “telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

• “typeface” includes an ornamental motif used in printing;

• “unauthorised”, as regards anything done in relation to a work, means done otherwise than—

  (a)

  by or with the licence of the copyright owner, or

  (b)

  if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or

  (c)

  in pursuance of section 48 (copying, &c. of certain material by the Crown);

• “wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

• “writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly.

179 Index of defined expressions

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—