Version Superseded: 01/04/2004
Point in time view as at 31/10/2003. This version of this provision has been superseded.
Copyright, Designs and Patents Act 1988, Section 48 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies where a literary, dramatic, musical or artistic work has in the course of public business been communicated to the Crown for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Crown.
(2)The Crown may, for the purpose for which the work was communicated to it, or any related purpose which could reasonably have been anticipated by the copyright owner, copy the work and issue copies of the work to the public without infringing any copyright in the work.
(3)The Crown may not copy a work, or issue copies of a work to the public, by virtue of this section if the work has previously been published otherwise than by virtue of this section.
(4)In subsection (1) “public business” includes any activity carried on by the Crown.
(5)This section has effect subject to any agreement to the contrary between the Crown and the copyright owner.
[F1(6)In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, [F2a Primary Care Trust established under section 16A of the National Health Service Act 1977,][F3the Commission for Health Improvement] and a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978 [F4and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order], and the reference in subsection (1) above to public business shall be construed accordingly.]
Textual Amendments
F1S. 48(6) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 3
F2Words in s. 48(6) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 22
F3Words in s. 48(6) inserted (E.W.) (1.11.1999) by S.I. 1999/2795, art. 3
F4Words in s. 48(6) inserted (1.4.1992) by S.I. 1991/194, art. 7(2), Sch. 2 Pt. I para. 3; S.R. 1991/131, art. 2(e), Sch. Pt. III
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