C5C6C7C8C9C10C11C12C13C14C15Part I Copyright
Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
Pt. 1 extended (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)
Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
Pt. 1 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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
C2C3C4Chapter III Acts Permitted in relation to Copyright Works
Pt. I Ch. III (ss. 28–76) amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
Pt. I Ch. III (ss. 28-76) applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
Pt. I Ch. III (ss. 28-76) continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 33, (with regs. 31-40)
Miscellaneous: broadcasts F49. . .
Words in heading before s. 68 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 32, 33)
68 Incidental recording for purposes of broadcast F1. . . .
1
This section applies where by virtue of a licence or assignment of copyright a person is authorised to broadcast F2. . . —
a
a literary, dramatic or musical work, or an adaptation of such a work,
b
an artistic work, or
c
a sound recording or film.
2
He shall by virtue of this section be treated as licensed by the owner of the copyright in the work to do or authorise any of the following for the purposes of the broadcast F2. . . —
a
in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;
b
in the case of an artistic work, to take a photograph or make a film of the work;
c
in the case of a sound recording or film, to make a copy of it.
3
That licence is subject to the condition that the recording, film, photograph or copy in question—
a
shall not be used for any other purpose, and
b
shall be destroyed within 28 days of being first used for broadcasting the work F2. . . .
4
A recording, film, photograph or copy made in accordance with this section shall be treated as an infringing copy—
a
for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and
b
for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.
C169 Recording for purposes of supervision and control of broadcasts and F3other services.
1
Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them F4or included in any on-demand programme service provided by them, of recordings of those programmes.
F12F52
Copyright is not infringed by anything done in pursuance of—
F6a
section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;
b
c
a direction given under section 109(2) of the Broadcasting Act 1990 (power of F9OFCOM to require production of recordings etc).
F123
Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
a
any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
b
any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
4
In subsection (3), “existing material” means—
a
any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
b
any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
F135
Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
6
In this section “on-demand programme service” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).
70 Recording for purposes of time-shifting.
F141
F172
Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—
a
it shall be treated as an infringing copy for the purposes of that dealing; and
b
if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.
3
In subsection (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
F1871Photographs of broadcasts
1
The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any copyright in the broadcast or in any film included in it.
2
Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—
a
it shall be treated as an infringing copy for the purposes of that dealing; and
b
if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.
3
In subsection (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
72 Free public showing or playing of broadcast F19. . . .
1
The showing or playing in public of a broadcast F20. . . to an audience who have not paid for admission to the place where the broadcast F20. . . is to be seen or heard does not infringe any copyright in—
F21a
the broadcast;
b
any sound recording (except so far as it is an excepted sound recording) included in it; or
c
any film included in it.
F221A
For the purposes of this Part an “excepted sound recording” is a sound recording—
a
whose author is not the author of the broadcast in which it is included; and
b
which is a recording of music with or without words spoken or sung.
1B
Where by virtue of subsection (1) the copyright in a broadcast shown or played in public is not infringed, copyright in any excepted sound recording included in it is not infringed if the playing or showing of that broadcast in public—
a
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
is necessary for the purposes of—
i
repairing equipment for the reception of broadcasts;
ii
demonstrating that a repair to such equipment has been carried out; or
iii
demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.
2
The audience shall be treated as having paid for admission to a place—
a
if they have paid for admission to a place of which that place forms part; or
b
if goods or services are supplied at that place (or a place of which it forms part)—
i
at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F24. . . , or
ii
at prices exceeding those usually charged there and which are partly attributable to those facilities.
3
The following shall not be regarded as having paid for admission to a place—
a
persons admitted as residents or inmates of the place;
b
persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F25. . . is only incidental to the main purposes of the club or society.
4
F2873 Reception and re-transmission of F27wireless broadcast by cable.
1
2
The copyright in the broadcast is not infringed—
a
if the F31re-transmission by cable is in pursuance of a relevant requirement, or
b
if and to the extent that the broadcast is made for reception in the area in which the F32it is re-transmitted by cable and forms part of a qualifying service.
3
The copyright in any work included in the broadcast is not infringed if and to the extent that the broadcast is made for reception in the area in which the F32it is re-transmitted by cable; but where the making of the broadcast was an infringement of the copyright in the work, the fact that the broadcast was re-transmitted F33by cable shall be taken into account in assessing the damages for that infringement.
4
Where—
a
the F34re-transmission by cable is in pursuance of a relevant requirement, but
b
to any extent, the area in which the F35re-transmission by cable takes place (“the cable area”) falls outside the area for reception in which the broadcast is made (“the broadcast area”),
the F36re-transmission by cable (to the extent that it is provided for so much of the cable area as falls outside the broadcast area) of any work included in the broadcast shall, subject to subsection (5), be treated as licensed by the owner of the copyright in the work, subject only to the payment to him by the person making the broadcast of such reasonable royalty or other payment in respect of the F37re-transmission by cable of the broadcast as may be agreed or determined in default of agreement by the Copyright Tribunal.
5
Subsection (4) does not apply if, or to the extent that, the F38re-transmission of the work by cable is (apart from that subsection) licensed by the owner of the copyright in the work.
6
In this section “qualifying service” means, subject to subsection (8), any of the following services—
a
a regional or national Channel 3 service,
b
Channel 4, Channel 5 and S4C,
F39c
the public teletext service,
d
S4C Digital, and
e
the television broadcasting services and teletext service of the British Broadcasting Corporation;
F40and expressions used in this subsection have the same meanings as in Part 3 of the Communications Act 2003.
F417
In this section “relevant requirement” means a requirement imposed by a general condition (within the meaning of Chapter 1 of Part 2 of the Communications Act 2003) the setting of which is authorised under section 64 of that Act (must-carry obligations).
8
The Secretary of State may by order amend subsection (6) so as to add any service to, or remove any service from, the definition of “qualifying service”.
9
The Secretary of State may also by order—
a
provide that in specified cases subsection (3) is to apply in relation to broadcasts of a specified description which are not made as mentioned in that subsection, or
b
exclude the application of that subsection in relation to broadcasts of a specified description made as mentioned in that subsection.
10
Where the Secretary of State exercises the power conferred by subsection (9)(b) in relation to broadcasts of any description, the order may also provide for subsection (4) to apply, subject to such modifications as may be specified in the order, in relation to broadcasts of that description.
11
An order under this section may contain such transitional provision as appears to the Secretary of State to be appropriate.
12
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F4213
In this section references to re-transmission by cable include the transmission of microwave energy between terrestrial fixed points.
F4373A Royalty or other sum payable in pursuance of section 73(4).
1
An application to settle the royalty or other sum payable in pursuance of subsection (4) of section 73 (reception and re-transmission of F44wireless broadcast by cable) may be made to the Copyright Tribunal by the copyright owner or the person making the broadcast.
2
The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
3
Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
4
An application under subsection (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that subsection.
5
An order under subsection (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.
74 Provision of sub-titled copies of broadcast F45. . . .
1
A designated body may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for their special needs, make copies of F46. . . broadcasts F46. . . and issue F47 or lend copies to the public, without infringing any copyright in the broadcasts F46. . . or works included in them.
2
A “designated body” means a body designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.
3
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
This section does not apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences.
75 Recording for archival purposes.
1
2
In subsection (1) “designated” means designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.
3
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)