Copyright, Designs and Patents Act 1988

85 Right to privacy of certain photographs and films. U.K.

(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have—

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

(c) the work [F1 communicated to the public];

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

(2) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—

(a) section 31 (incidental inclusion of work in an artistic work, film [F2 or broadcast]);

(b) section 45 (parliamentary and judicial proceedings);

(c) section 46 (Royal Commissions and statutory inquiries);

(d) section 50 (acts done under statutory authority);

(e) [F3 section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)].

Textual Amendments

F1 Words in s. 85(1)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(2)(b) (with regs. 31-40)

F2 Words in s. 85(2)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(i) (with regs. 31-40)

F3 Words in s. 85(2) substituted (1.1.1996) by S.I. 1995/3297, reg. 6(3) (with Pt. III)