C5C6C7C8C9C10C11C12C13C14C15C16C17C18C20C21C19Part 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Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)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 (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by (S.I. 2016/370, arts. 1, 2-40)
Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 3, 4, 5)
Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 5)
Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)
C2C3C4 Chapter III Acts Permitted in relation to Copyright Works
Pt. 1 Ch. III amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)
Pt. 1 Ch. III applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17(1)-(3) (with Pt. III)
Pt. 1 Ch. III 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 F27. . .
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.
F5F12 2
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—
b
any sound recording (except so far as it is an excepted sound recording) included in it F31...
F32c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F33film or 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
F3473 Reception and re-transmission of wireless broadcast by cable.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3573A Royalty or other sum payable in pursuance of section 73(4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2974
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75F28Recording of broadcast for archival purposes
1
A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any copyright in the broadcast or in any work included in it.
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.
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)