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COPYRIGHT, DESIGNS AND PATENTS ACT 1988

UK Public General Acts

Version 01/12/2016

1988 CHAPTER 48

Default Geographical Extent: E+W+S+N.I.


  • Part I. Copyright
    • Chapter I. Subsistence, ownership and duration of copyright
      • Introductory
      • Descriptions of work and related provisions
      • Authorship and ownership of copyright
      • Duration of copyright
    • Chapter II. Rights of Copyright Owner
      • The acts restricted by copyright
      • Secondary infringement of copyright
      • Infringing copies
    • Chapter III. Acts Permitted in relation to Copyright Works
      • Introductory
      • General
      • Disability]
      • Education
      • Libraries and archives
      • Orphan works
      • Public administration
      • Computer programs: lawful users
      • Databases: permitted acts]
      • Designs
      • Typefaces
      • Works in electronic form
      • Miscellaneous: literary, dramatic, musical and artistic works
      • F159 [ Miscellaneous: lending of works and playing of sound recordings ]
      • MISCellaneous: films and sound recordings]
      • Miscellaneous: broadcasts F164 . . .
      • Adaptations
    • CHAPTER 3A. CERTAIN PERMITTED USES OF ORPHAN WORKS
    • Chapter IV. Moral Rights
      • Right to be identified as author or director
      • Right to object to derogatory treatment of work
      • False attribution of work
      • Right to privacy of certain photographs and films
      • Supplementary
    • Chapter V. Dealings with Rights in Copyright Works
      • Copyright
      • F236 [Right to equitable remuneration where rental right transferred
      • Moral rights
    • Chapter VI. Remedies for Infringement
      • Rights and remedies of copyright owner
      • Rights and remedies of exclusive licensee
      • Remedies for infringement of moral rights
      • Presumptions
      • Offences
      • Provision for preventing importation of infringing copies
      • Supplementary
    • Chapter VII. Copyright Licensing
      • Licensing schemes and licensing bodies
      • Orphan works licensing and extended collective licensing
      • References and applications with respect to licensing schemes
      • References and applications with respect to licensing by licensing bodies
      • Factors to be taken into account in certain classes of case
      • Use as of right of sound recordings in broadcasts F302 . . .
      • Implied indemnity in schemes or licences for reprographic copying
      • Reprographic copying by educational establishments
      • F316 [ Royalty or other sum payable for lending of certain works ]
      • Certification of licensing schemes
      • Powers exercisable in consequence of competition report
      • Compulsory collective administration of certain rights]
    • Chapter VIII. The Copyright Tribunal
      • The Tribunal
      • Jurisdiction and procedure
      • Appeals
    • Chapter IX. Qualification for and Extent of Copyright Protection
      • Qualification for copyright protection
      • Extent and application of this Part
      • Supplementary
    • Chapter X. Miscellaneous and General
      • Crown and Parliamentary copyright
      • Other miscellaneous provisions
      • Transitional provisions and savings
      • Interpretation
  • Part II. Rights in performances
    • Chapter 1. INTRODUCTORY
    • Chapter 2. ECONOMIC RIGHTS
      • X3 Performers' rights]
      • X12 Rights of person having recording rights
      • X17 Exceptions to rights conferred
      • [X20 F471 Duration of rights]
      • X22 [F477 Performers’ property rights]
      • X37 Non-property rights]
      • X41 F513 . . .
      • X43 Delivery up or seizure of illicit recordings]
      • X47 Offences
      • X54 Supplementary provisions with respect to delivery up and seizure
      • X60 F557 [Licensing of performers’ F558 ... rights]
      • [X62 F561 Jurisdiction of Copyright Tribunal]
    • Chapter 3. MORAL RIGHTS
      • Right to be identified as performer
      • Right to object to derogatory treatment
      • Supplementary
    • Chapter 4. QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
      • X64 Qualification for protection and extent
      • X70 Interpretation
      • Supplementary
  • Part III. Design Right
    • Chapter I. Design right in original designs
      • Introductory
      • Qualification for design right protection
      • Dealings with design right
    • Chapter II. Rights of Design Right Owner and Remedies
      • Infringement of design right
      • Remedies for infringement
    • Chapter III. Exceptions to Rights of Design Right Owners
      • Infringement of copyright
      • Availability of licences of right
      • Crown use of designs
      • Miscellaneous
      • General
    • Chapter IV. Jurisdiction of the Comptroller and the Court
      • Jurisdiction of the comptroller
      • Jurisdiction of the court
    • Chapter V. Miscellaneous and General
      • Miscellaneous
      • Extent of operation of this Part
      • Interpretation
  • Part IV. Registered Designs
    • Amendments of the Registered Designs Act 1949
    • Supplementary
  • Part V. Patent Agents and Trade Mark Agents
    • Patent agents
    • Trade mark agents
    • Supplementary
  • Part VI. Patents
    • Patents county courts (E+W)
    • Licences of right in respect of certain patents
    • Patents: miscellaneous amendments
  • Part VII. Miscellaneous and General
    • Circumvention of protection measures]
    • Rights management information
    • Computer programs
    • F730 [Databases]
    • Fraudulent reception of transmissions
    • Fraudulent application or use of trade mark
    • Provisions for the benefit of [F751 Great Ormond Street Hospital for Children]
    • Financial assistance for certain international bodies
    • General
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Introductory Text

Copyright, Designs and Patents Act 1988

1988 CHAPTER 48

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.

[15th November 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)


Part I
Copyright



Annotations:

Modifications etc. (not altering text)

C2 Pt. I (ss. 1-179) modified by S.I. 1989/988, art. 2(3)

C3 Pt. I (ss. 1-179) extended by S.I. 1989/1293, arts. 2(3), 3, 4(4)-(6)

C4 Pt. I (ss. 1-179) applied (with modifications) by S.I. 1993/942, arts. 2(3), 5, Sch. 4 (with art. 6)

C5 Pt. I (ss. 1-179) applied by S.I. 1993/942, arts. 4, 5, Sch. 4 (with art. 6)

Pt. I (ss. 1-179) applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8(b)(d))

C6 Pt. 1 (ss. 1-179) extended in part (with modifications) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (the amendment coming into force in accordance with art. 1 of the amending S.I.)

C7 Pt. 1 (ss. 1-179) modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)

C8 Pt. 1 (ss. 1-179) extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by SI 2006/316, art. 1(3))

C9 Pt. 1 (ss. 1-179) extended in part (with modifications) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (the amendment coming into force in accordance with art. 1 of the amending S.I.)

C10 Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), {arts. 2- 5}, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))

C11 Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by SI 2008/677, art. 1(3))

C12 Pt. 1 (ss. 1-179) extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7)

C13 Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8)

C14 Pt. 1 applied in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Schs. (with art. 8)

C15 Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by The Copyright (Cayman Islands) (Amendment) Order 2016 (S.I. 2016/370), arts. 1, 2-40)


Chapter I
Subsistence, ownership and duration of copyright



Annotations:

Modifications etc. (not altering text)

C16 Pt. I Ch. 1 (ss. 1-15) applied in part (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)


Introductory


1 Copyright and copyright works.

(1) Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films [F1 or broadcasts] , and
(c) the typographical arrangement of published editions.
(2) In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

(3) Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).

Annotations:

Amendments (Textual)

F1 Words in s. 1(1)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(2) (with regs. 31-40)


2 Rights subsisting in copyright works.

(1) The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.

(2) In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright—

(a) section 77 (right to be identified as author or director) ,
(b) section 80 (right to object to derogatory treatment of work) , and
(c) section 85 (right to privacy of certain photographs and films).

Descriptions of work and related provisions


3 Literary, dramatic and musical works.

(1) In this Part— “literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—

(a) a table or compilation [F2 other than a database] , F3 . . .
(b) a computer program; F4 . . .[F5 (c) preparatory design material for a computer program] [F6 and
F6 (d) a database] “dramatic work” includes a work of dance or mime; and “musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
(2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

(3) It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.

Annotations:

Amendments (Textual)

F2 Words in s. 3(1)(a) inserted (1.1.1998) by S.I. 1997/3032, reg. 5(a) (with Pt. IV)

F3 Word in s. 3(1) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 3

F4 Word in s. 3(1)(b) left out (1.1.1998) by virtue of S.I. 1997/3032, reg. 5(b) (with Pt. IV)

F5 Word and s. 3(1)(c) inserted (1.1.1993) by S.I. 1992/3233, reg. 3

F6 S. 3(1)(d) and word preceding it inserted (1.1.1998) by S.I. 1997/3032, reg. 5(c) (with Pt. IV)


[F7 3A Databases

(1) In this Part “database” means a collection of independent works, data or other materials which—

(a) are arranged in a systematic or methodical way, and
(b) are individually accessible by electronic or other means.
(2) For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author’s own intellectual creation.]

Annotations:

Amendments (Textual)

F7 S. 3A inserted (1.1.1998) by S.I. 1997/3032, reg. 6 (with Pt. IV)


4 Artistic works.

(1) In this Part “artistic work” means—

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b) a work of architecture being a building or a model for a building, or
(c) a work of artistic craftsmanship.
(2) In this Part— “building” includes any fixed structure, and a part of a building or fixed structure; “graphic work” includes—

(a) any painting, drawing, diagram, map, chart or plan, and
(b) any engraving, etching, lithograph, woodcut or similar work; “photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film; “sculpture” includes a cast or model made for purposes of sculpture.

[F8 5A Sound recordings.

(1) In this Part “sound recording” means—

(a) a recording of sounds, from which the sounds may be reproduced, or
(b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
(2) Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.]

Annotations:

Amendments (Textual)

F8 Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)


[F9 5B Films.

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

(2) The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.

(3) Without prejudice to the generality of subsection (2) , where that subsection applies—

(a) references in this Part to showing a film include playing the film sound track to accompany the film,
[F10 (b) references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,
(c) references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and
(d) references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.]
(4) Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.

(5) Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.]

Annotations:

Amendments (Textual)

F9 Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)

F10 S. 5B(3)(b)-(d) substituted (1.2.2006) for s. 5B(3)(b) and preceding word by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 2 (with reg. 8)


5. . . . . . . . . . . . . . .

6 Broadcasts.

[F11 (1) In this Part a “ broadcast ” means an electronic transmission of visual images, sounds or other information which—

(a) is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or
(b) is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,
and which is not excepted by subsection (1A) ; and references to broadcasting shall be construed accordingly.
(1A) Excepted from the definition of “broadcast” is any internet transmission unless it is—

(a) a transmission taking place simultaneously on the internet and by other means,
(b) a concurrent transmission of a live event, or
(c) a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.]
(2) An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

(3) References in this Part to the person making a broadcast, [F12 or a transmission which is a broadcast] are—

(a) to the person transmitting the programme, if he has responsibility to any extent for its contents, and
(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;
and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.
F13 [(4) For the purposes of this Part, the place from which a [F14 wireless] broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).]

F15 [(4A) Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).]

(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.

[F16 (5A) The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.]

(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast F17 . . . .

Annotations:

Amendments (Textual)

F11 S. 6(1)(1A) substituted (31.10.2003) for s. 6(1) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(a) (with regs. 31-40)

F12 Words in s. 6(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(b) (with regs. 31-40)

F13 S. 6(4) substituted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 5

F14 Word in s. 6(4) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(c) (with regs. 31-40)

F15 S. 6(4A) inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(1)

F16 S. 6(5A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 4(d) (with regs. 31-40)

F17 Words in s. 6(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)


[F18 6A Safeguards in case of certain satellite broadcasts.

(1) This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than an EEA State and the law of that country fails to provide at least the following level of protection—

(a) exclusive rights in relation to [F19 wireless] broadcasting equivalent to those conferred by section 20 ([F20 infringement by communication to the public] ) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b) a right in relation to live [F21 wireless] broadcasting equivalent to that conferred on a performer by section 182(1) (b) (consent required for live broadcast of performance) ; and
(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the [F21 wireless] broadcasting of sound recordings.
(2) Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in an EEA State—

(a) that place shall be treated as the place from which the broadcast is made, and
(b) the person operating the uplink station shall be treated as the person making the broadcast.
(3) Where the uplink station is not located in an EEA State but a person who is established in an EEA State has commissioned the making of the broadcast—

(a) that person shall be treated as the person making the broadcast, and
(b) the place in which he has his principal establishment in the European Economic Area shall be treated as the place from which the broadcast is made.]
Annotations:

Amendments (Textual)

F18 S. 6A inserted (1.12.1996 with effect as mentioned in reg. 28 of the amending S.I.) by S.I. 1996/2967, reg. 6(2)

F19 Words in s. 6A(1)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(i) (with regs. 31-40)

F20 Words in s. 6A(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(a)(ii) (with regs. 31-40)

F21 Word in s. 6A(1)(b)(c) inserted (31.10.2003.) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(3)(b) (with regs. 31-40)