Competition Act 1980

30 Exemption of copyright agreements from Restrictive Trade Practices Acts

(1) The following paragraph shall be inserted in Schedule 3 of the [1976 c. 34.] Restrictive Trade Practices Act 1976 (excepted agreements) after paragraph 5: —

“Copyrights

5A (1) This Act does not apply to—

(a) a licence granted by the owner or a licensee of any copyright;

(b) an assignment of any copyright; or

(c) an agreement for such a licence or assignment;

being a licence, assignment or agreement such as is described in sub-paragraph (2) or sub-paragraph (3) below.

(2) The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part II of this Act one under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made except in respect of the work or other subject-matter in which the copyright subsists or will subsist.

(3) The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part III of this Act one under which—

(a) in the case of an order under section 11 above, no restrictions in respect of matters specified in the order for the purposes of subsection (1)(b) of that section are accepted except in respect of the work or other subject-matter in which the copyright subsists or will subsist; or

(b) in the case of an order under section 12 above, no information provision with respect to matters specified in the order for the purposes of subsection (1)(b) of that section is made except in respect of that work or other subject-matter.

(4) In relation to Scotland references in this paragraph to an assignment mean an assignation.”

(2) The said Act of 1976 and Part I of the [1956 c. 74.] Restrictive Trade Practices Act 1956 shall be deemed never to have applied in relation to—

(a) a licence granted by the owner or a licensee of any copy right,

(b) an assignment or assignation of any copyright, or

(c) an agreement for such a licence, assignment or assignation,

by virtue only of restrictions being accepted or information provisions being made under it in respect of the work or other subject-matter in which the copyright subsists or will subsist.