27 Meaning of “infringing copy”.U.K.
(1)In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.
(2)An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.
(3)F1. . . An article is also an infringing copy if—
(a)it has been or is proposed to be imported into the United Kingdom, and
(b)its making in the United Kingdom would have constituted an infringement of the copyright in the work in question, or a breach of an exclusive licence agreement relating to that work.
F2(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where in any proceedings the question arises whether an article is an infringing copy and it is shown—
(a)that the article is a copy of the work, and
(b)that copyright subsists in the work or has subsisted at any time,
it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.
(5)Nothing in subsection (3) shall be construed as applying to an article which may lawfully be imported into the United Kingdom by virtue of any enforceable [F3EU] right within the meaning of section 2(1) of the M1European Communities Act 1972.
(6)In this Part “infringing copy” includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions —
[F4section 29A(3) (copies for text and data analysis for non-commercial research),]
[F5section 31A(5) and (6) (disabled persons: copies of works for personal use),]
[F6section 31B(11) (making and supply of accessible copies by authorised bodies),]
F7...
F8...
F8...
[F4section 35(5) (recording by educational establishments of broadcasts),]
F8...
[F4section 36(8) (copying and use of extracts of works by educational establishments),]
F8...
[F4section 42A(5)(b) (copying by librarians: single copies of published works),]
[F4section 43(5)(b) (copying by librarians or archivists: single copies of unpublished works),]
section 56(2) (further copies, adaptations, &c. of work in electronic form retained on transfer of principal copy),
[F4section 61(6)(b) (recordings of folksongs),]
section 63(2) (copies made for purpose of advertising artistic work for sale),
section 68(4) (copies made for purpose of broadcast F9 . . . ),
[F10section 70(2) (recording for the purposes of time-shifting),
section 71(2) (photographs of broadcasts), or]
any provision of an order under section 141 (statutory licence for certain reprographic copying by educational establishments).
Textual Amendments
F1Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
F2S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
F3Word substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6
F4Words in s. 27(6) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(b)
F5Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(a)
F6Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(b)
F7 Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384) , reg. 1(1) , Sch. para. 1(c)
F8Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(a)
F9Words in s. 27(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)
F10S. 27(6): entries substituted (31.10.2003) for word "or" appearing at end of entry for s. 68(4) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(3) (with regs. 31-40)
Marginal Citations