InterpretationU.K.
172 General provisions as to construction.U.K.
(1)This Part restates and amends the law of copyright, that is, the provisions of the M1Copyright Act 1956, as amended.
(2)A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.
(3)Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.
Modifications etc. (not altering text)
C1Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
Marginal Citations
[F1[F2172A Meaning of EEA and related expressions.U.K.
[F3(1)In this Part—
“the EEA” means the European Economic Area; and
“EEA state” means a member State, Iceland, Liechtenstein or Norway.]]
(2)References in this Part to a person being [F4a national of an EEA State] shall be construed in relation to a body corporate as references to its being incoporated under the law of an EEA state.
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 172A inserted (1.1.1996) by S.I. 1995/3297, reg. 11(1) (with Pt. III)
F2S. 172A(1) and sidenote substituted (1.12.1996) by S.I. 1996/2967, reg. 9(5) (with Pt. III)
F3S. 172A(1) substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 8(2)
F4Words in s. 172A(2) substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 8(3)
F5S. 172A(3) repealed (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(4), Sch. 4
Modifications etc. (not altering text)
C2Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
173 Construction of references to copyright owner.U.K.
(1)Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.
(2)Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.
Modifications etc. (not altering text)
C3Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
174 Meaning of “educational establishment” and related expressions.U.K.
(1)The expression “educational establishment” in a provision of this Part means—
(a)any school, and
(b)any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State.
(2)The Secretary of State may by order provide that the provisions of this Part relating to educational establishments shall apply, with such modifications and adaptations as may be specified in the order, in relation to teachers who are employed by a local education authority to give instruction elsewhere to pupils who are unable to attend an educational establishment.
(3)In subsection (1)(a) “school”—
(a)in relation to England and Wales, has the same meaning as in [F6the Education Act 1996];
(b)in relation to Scotland, has the same meaning as in the M2Education (Scotland) Act 1962, except that it includes an approved school within the meaning of the M3Social Work (Scotland) Act 1968; and
(c)in relation to Northern Ireland, has the same meaning as in the M4Education and Libraries (Northern Ireland) Order 1986.
(4)An order under subsection (1)(b) may specify a description of educational establishment by reference to the instruments from time to time in force under any enactment specified in the order.
(5)In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.
(6)References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.
(7)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.
Textual Amendments
F6Words in s. 174(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 83 (with Sch. 39)
Modifications etc. (not altering text)
C4Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
Marginal Citations
175 Meaning of publication and commercial publication.U.K.
(1)In this Part “publication”, in relation to a work—
(a)means the issue of copies to the public, and
(b)includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system;
and related expressions shall be construed accordingly.
(2)In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means—
(a)issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or
(b)making the work available to the public by means of an electronic retrieval system;
and related expressions shall be construed accordingly.
(3)In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.
(4)The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly—
(a)in the case of a literary, dramatic or musical work—
(i)the performance of the work, or
(ii)the [F7communication to the public of the work] (otherwise than for the purposes of an electronic retrieval system);
(b)in the case of an artistic work—
(i)the exhibition of the work,
(ii)the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship,
(iii)the issue to the public of copies of a film including the work, or
(iv)the [F7communication to the public of the work] (otherwise than for the purposes of an electronic retrieval system);
(c)in the case of a sound recording or film—
(i)the work being played or shown in public, or
(ii)the [F7communication to the public of the work].
(5)References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.
(6)No account shall be taken for the purposes of this section of any unauthorised act.
Textual Amendments
F7Words in s. 175(4)(a)(ii)(b)(iv)(c)(ii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 6(1) (with regs. 31-40)
Modifications etc. (not altering text)
C5Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
176 Requirement of signature: application in relation to body corporate.U.K.
(1)The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—
section 78(3)(b) (assertion by licensor of right to identification of author in case of public exhibition of copy made in pursuance of the licence),
section 90(3) (assignment of copyright),
section 91(1) (assignment of future copyright),
section 92(1) (grant of exclusive licence).
(2)The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—
section 78(2)(b) (assertion by instrument in writing of right to have author identified),
section 87(2) (waiver of moral rights).
Modifications etc. (not altering text)
C6Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
177 Adaptation of expressions for Scotland.U.K.
In the application of this Part to Scotland—
“account of profits” means accounting and payment of profits;
“accounts” means count, reckoning and payment;
“assignment” means assignation;
“costs” means expenses;
“defendant” means defender;
“delivery up” means delivery;
“estoppel” means personal bar;
“injunction” means interdict;
“interlocutory relief” means interim remedy; and
“plaintiff” means pursuer.
Modifications etc. (not altering text)
C7Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
178 Minor definitions.U.K.
In this Part—
“article”, in the context of an article in a periodical, includes an item of any description;
“business”includes a trade or profession;
“collective work” means—
(a)a work of joint authorship, or
(b)a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;
“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;
“country” includes any territory;
“the Crown” includes the Crown in right of [F8the Scottish Administration [F9, of the Welsh Assembly Government] or of] Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;
“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;
“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;
“facsimile copy” includes a copy which is reduced or enlarged in scale;
“international organisation” means an organisation the members of which include one or more states;
“judicial proceedings”includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;
“parliamentary proceedings” includes proceedings of the Northern Ireland Assembly [F10of the Scottish Parliament][F11, of the New Northern Ireland Assembly] or of the European Parliament [F12and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006];
[F13“private study” does not include any study which is directly or indirectly for a commercial purpose;]
[F14“producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;]
[F15“public library” means a library administered by or on behalf of—
(a)in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964;
(b)in Scotland, a statutory library authority within the meaning of the Public Libraries (Scotland) Act 1955;
(c)in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern Ireland) Order 1986;]
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17“rental right” means the right of a copyright owner to authorise or prohibit the rental of copies of the work (see section 18A);]
“reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process;
“reprographic process” means a process—
(a)for making facsimile copies, or
(b)involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;
“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—
(a)in the case of a published work, it is published anonymously;
(b)in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;
“sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication—
(a)given at the time of the act, and
(b)if the author or director is then identified, appearing along with the identification,
that the work has been subjected to treatment to which the author or director has not consented,
“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;
“typeface” includes an ornamental motif used in printing;
“unauthorised”, as regards anything done in relation to a work, means done otherwise than—
(a)by or with the licence of the copyright owner, or
(b)if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or
(c)in pursuance of section 48 (copying, &c of certain material by the Crown);
[F18“wireless broadcast” means a broadcast by means of wireless telegraphy;]
“wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose [F19, but does not include the transmission of microwave energy between terrestrial fixed points];
“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly
Textual Amendments
F8Words in s. 178 inserted (6.5.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 25(7)(a); S.I. 1998/3178, art. 2(2), Sch. 3
F9S. 178: words in definition of "the Crown" inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 29(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
F10Words in s. 178 inserted (6.5.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 25(7)(b); S.I. 1998/3178, art. 2(2), Sch. 3
F11Words in s. 178 cease to have effect (2.12.1999) by virtue of 1998 c. 47, s. 99, Sch. 13 para. 8(7) (with s. 95); S.I. 1999/3209, art. 2, Sch.
F12S. 178: words in definition of "parliamentary proceedings" inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 29(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
F13S. 178: definition of "private study" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(3) (with regs. 31-40)
F14Definition in s. 178 inserted (1.12.1996 with effect in relation to films made on or after 31.7.1994) by S.I. 1996/2967, regs. 18(5), 36 (with Pt. III)
F15Definition in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 11(5) (with Pt. III)
F16Definition in s. 178 omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 10(3) (with Pt. III)
F17Definition in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 10(3) (with Pt. III)
F18S. 178: definition of "wireless broadcast" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(3) (with regs. 31-40)
F19Words in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 8 (with Pt. III)
Modifications etc. (not altering text)
C8Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
179 Index of defined expressions.U.K.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—
| [F20accessible copy | section 31F(3)] |
| account of profits and accounts (in Scotland) | section 177 |
| acts restricted by copyright | section 16(1) |
| adaptation | section 21(3) |
| [F20approved body | section 31B(12)] |
| archivist (in sections 37 to 43) | section 37(6) |
| article (in a periodical) | section 178 |
| artistic work | section 4(1) |
| assignment (in Scotland) | section 177 |
| author | sections 9 and 10(3) |
| broadcast (and related expressions) | section 6 |
| building | section 4(2) |
| business | section 178 |
| F21. . . | F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
| collective work | section 178 |
| commencement (in Schedule 1) | paragraph 1(2) of that Schedule |
| commercial publication | section 175 |
| [F23communication to the public | section 20] |
| computer-generated | section 178 |
| copy and copying | section 17 |
| copyright (generally) | section 1 |
| copyright (in Schedule 1) | paragraph 2(2) of that Schedule |
| copyright owner | sections 101(2) and 173 |
| Copyright Tribunal | section 145 |
| copyright work | section 1(2) |
| costs (in Scotland) | section 177 |
| country | section 178 |
| [F24country of origin] | [F24section 15A.] |
| the Crown | section 178 |
| Crown copyright | sections 163(2) and 164(3) |
| [F25database] | [F25section 3A(1)] |
| defendant (in Scotland) | section 177 |
| delivery up (in Scotland) | section 177 |
| dramatic work | section 3(1) |
| educational establishment | sections 174(1) to (4) |
| electronic and electronic form | section 178 |
| employed, employee, employer and employment | section 178 |
| [F26excepted sound recording | section 72(1A)] |
| exclusive licence | section 92(1) |
| [F27the EEA, EEA state and national of an EEA state] | [F28section 172A] |
| existing works (in Schedule 1) | paragraph 1(3) of that Schedule |
| facsimile copy | section 178 |
| film | [F29section 5B] |
| future copyright | section 91(2) |
| general licence (in sections 140 and 141) | section 140(7) |
| graphic work | section 4(2) |
| infringing copy | section 27 |
| injunction (in Scotland) | section 177 |
| interlocutory relief (in Scotland) | section 177 |
| international organisation | section 178 |
| issue of copies to the public | [F30section 18] |
| joint authorship (work of) | sections 10(1) and (2) |
| judicial proceedings | section 178 |
| [F31lawful user (in sections 50A to 50C)] | [F31section 50A(2).] |
| [F32lending] | [F32section 18A(2) to (6)] |
| librarian (in sections 37 to 43) | section 37(6) |
| licence (in sections 125 to 128) | section 124 |
| licence of copyright owner | sections 90(4), 91(3) and 173 |
| licensing body (in Chapter VII) | section 116(2) |
| licensing scheme (generally) | section 116(1) |
| licensing scheme (in sections 118 to 121) | section 117 |
| literary work | section 3(1) |
| made (in relation to a literary, dramatic or musical work) | section 3(2) |
| musical work | section 3(1) |
| [F33needletime] | [F33section 135A] |
| the new copyright provisions (in Schedule 1) | paragraph 1(1) of that Schedule |
| the 1911 Act (in Schedule 1) | paragraph 1(1) of that Schedule |
| the 1956 Act (in Schedule 1) | paragraph 1(1) of that Schedule |
| on behalf of (in relation to an educational establishment) | section 174(5) |
| [F25original (in relation to a database)] | [F25section 3A(2)] |
| Parliamentary copyright | sections 165(2) and (7) [F34166(6) [F35166A(3) [F36166B(3) 166C(3) and 166D(3)]]] |
| parliamentary proceedings | section 178 |
| performance | section 19(2) |
| photograph | section 4(2) |
| plaintiff (in Scotland) | section 177 |
| prescribed conditions (in sections 38 to 43) | section 37(1)(b) |
| prescribed library or archive (in sections 38 to 43) | section 37(1)(a) |
| [F37private study | section 178] |
| [F38producer (in relation to a sound recording or film] | [F38section 178.] |
| programme (in the context of broadcasting) | section 6(3) |
| prospective owner (of copyright) | section 91(2) |
| [F39public library] | [F39section 178.] |
| publication and related expressions | section 175 |
| published edition (in the context of copyright in the typographical arrangement) | section 8 |
| pupil | section 174(5) |
| rental | [F40section 18A(2) to (6)] |
| [F32rental right] | [F32section 178.] |
| reprographic copies and repographic copying | section 178 |
| reprographic process | section 178 |
| sculpture | section 4(2) |
| signed | section 176 |
| sound recording | [F41sections 5A and 135A] |
| sufficient acknowledgement | section 178 |
| sufficient disclaimer | section 178 |
| teacher | section 174(5) |
| telecommunications system | section 178 |
| [F33terms of payment] | [F33section 135A] |
| typeface | section 178 |
| unauthorised (as regards things done in relation to a work) | section 178 |
| unknown (in relation to the author of a work) | section 9(5) |
| unknown authorship (work of) | section 9(4) |
| [F20visually impaired person | section 31F(9)] |
| [F42wireless broadcast | section 178] |
| wireless telegraphy | section 178 |
| work (in Schedule 1) | paragraph 2(1) of that Schedule |
| work of more than one author (in Chapter VII) | section 116(4) |
| writing and written | section 178 |
Textual Amendments
F20Words in s. 179 inserted (31.10.2003) by 2002 c. 33, ss. 7(2), 8(2); S.I. 2003/2499, art. 2
F21S. 179: entry for "cable programme, cable programme service (and related expressions)" 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)
F22Words in s. 179 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)
F23Words in s. 179 inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(4) (with regs. 31-40)
F24Words in s. 179 inserted (1.1.1996) by S.I. 1995/3297, reg. 8(2) (with Pt. III)
F25Words in s. 179 inserted (1.1.1998) by S.I. 1997/3032, reg. 11 (with Pt. IV)
F26Words in s. 179 inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(7) (with regs. 31-40)
F27Words in s. 179 substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 9
F28Words in s. 179 inserted (1.1.1996) by S.I. 1995/3297, reg. 11(2) (with Pt. III)
F29Words in s. 179 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(5)(a) (with Pt. III)
F30Words in s. 179 inserted (1.12.1996) by S.I. 1996/2967, reg. 9(6)(b) (with Pt. III)
F31Words in s. 179 inserted (1.1.1993) by S.I. 1992/3233, reg. 9
F32Words in s. 179 inserted (1.12.1996) by S.I. 1996/2967, reg. 10(4) (with Pt. III)
F33Words inserted by Broadcasting Act 1990 (c.42, SIF 96), s. 175(3)
F34Words in s. 179 substituted (6.5.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 25(8); S.I. 1998/3178, art. 2(2), Sch. 3
F35Words in s. 179 substituted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13 para. 8(8) (with s. 95); S.I. 1999/3209, art. 2, Sch.
F36Words in s. 179 substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 30 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
F37Words in s. 179 inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(4) (with regs. 31-40)
F38Words in s. 179 inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(6), 36 (with Pt. III)
F39Words in s. 179 inserted (1.12.1996) by S.I. 1996/2967, reg. 11(6) (with Pt. III)
F40Words in s. 179 substituted (1.12.1996) by S.I. 1996/2967, reg. 10(4) (with Pt. III)
F41Words in s. 179 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(5)(b) (with Pt. III)
F42Words in s. 179 inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(4) (with regs. 31-40)
Modifications etc. (not altering text)
C9Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)