Copyright, Designs and Patents Act 1988

[F1 40A Lending of copies by libraries or archives. U.K.

[F2 (1) Copyright in a work of any description is not infringed by the following acts by a public library in relation to a book within the public lending right scheme—

(a) lending the book;

(b) in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.

[F3 (1ZA) Subsection (1) applies to an e-book or an e-audio-book only if—

(a) the book has been lawfully acquired by the library, and

(b) the lending is in compliance with any purchase or licensing terms to which the book is subject.]

(1A) In [F4 subsections (1) and (1ZA)] —

(a) “book , “audio-book” and “e-book” have the meanings given in section 5 of the Public Lending Right Act 1979,

[F5 (aa) “e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,]

(b) “the public lending right scheme” means the scheme in force under section 1 of that Act,

(c) a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and

(d) “lending” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply). ]

(2) Copyright in a work is not infringed by the lending of copies of the work by a F6 ...library or archive (other than a public library) which is not conducted for profit. ]

Textual Amendments

F1 S. 40A inserted (1.12.1996) by S.I. 1996/2967, reg. 11(2) (with Pt. III)

F2 S. 40A(1)(1A) substituted (30.6.2014) for s. 40A(1) by Digital Economy Act 2010 (c. 24), ss. 43(7), 47(3)(d); S.I. 2014/1659, art. 2

F3 S. 40A(1ZA) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(3), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

F4 Words in s. 40A(1A) substituted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(a), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

F5 S. 40A(1A)(aa) inserted (30.6.2018 for E.W.S., 30.6.2021 for N.I.) by Digital Economy Act 2017 (c. 30), ss. 31(4)(b), 118(6); S.I. 2018/690, reg. 2; S.I. 2021/680, reg. 2

F6 Word in s. 40A(2) 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. 3

Modifications etc. (not altering text)

C1 S. 40A(2) modified (1.12.1996) by S.I. 1996/2967, reg. 35 (with Pt. III)