Copyright, Designs and Patents Act 1988

[F1 Meaning of “relevant body”, “relevant work” and “rightholder” U.K.

Textual Amendments

F1 Sch. ZA1 inserted (29.10.2014) by The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 (S.I. 2014/2861), reg. 3(5), Sch. para. 1

2. (1) In this Schedule “relevant body” means— U.K.

(a) a publicly accessible library, educational establishment or museum,

(b) an archive,

(c) a film or audio heritage institution, or

(d) a public service broadcasting organisation.

(2) Subject to sub-paragraph (4), in this Schedule “relevant work” means a work to which sub-paragraph (3) applies which is—

(a) a work in the form of a book, journal, newspaper, magazine or other writing which is contained in the collection of a publicly accessible library, educational establishment or museum, an archive or a film or audio heritage institution;

(b) a cinematographic or audiovisual work or a sound recording which is contained in the collection of a publicly accessible library, educational establishment or museum, an archive or a film or audio heritage institution; or

(c) a cinematographic or audiovisual work or a sound recording which was commissioned for exclusive exploitation by, or produced by, one or more public service broadcasting organisations on or before 31 December 2002 and is contained in the archives of that organisation or one or more of those organisations.

(3) This sub-paragraph applies to a work if—

(a) it is protected by copyright or rights conferred by Chapter 2 of Part 2, and

(b) the first publication or first broadcast of the work was in a member State.

(4) In this Schedule “relevant work” also includes a work listed in any of paragraphs (a) to (c) of sub-paragraph (2) which—

(a) is protected by copyright or rights conferred by Chapter 2 of Part 2, and

(b) has never been published or broadcast, but

(c) has been made publicly accessible by a relevant body with the consent of the rightholders,

as long as it is reasonable to assume that the rightholders would not oppose the use of the work as mentioned in paragraph 1(1) or (2).

(5) References in this Schedule to a relevant work include—

(a) a work that is embedded or incorporated in, or constitutes an integral part of, a relevant work, and

(b) a performance in relation to which rights are conferred by Chapter 2 of Part 2 and which is embedded or incorporated in, or constitutes an integral part of, a relevant work.

(6) In this Schedule “rightholder” in relation to a relevant work means—

(a) an owner of the copyright in the work,

(b) a licensee under an exclusive licence in relation to the work,

(c) a person with rights under Chapter 2 of Part 2 in relation to a performance recorded by the work, or

(d) a licensee under an exclusive licence in relation to those rights.

(7) In the application of sub-paragraph (6) to a performance by virtue of sub-paragraph (5), the reference in sub-paragraph (6)(c) to a performance recorded by the work is to be read as a reference to the performance.

(8) In this paragraph “public service broadcasting organisation” includes a public service broadcaster within the meaning of section 264 of the Communications Act 2003.]