Research, private study and text and data analysis for non-commercial research
3.—(1) In section 29(1)—
(a)in subsection (1), omit “literary, dramatic, musical or artistic”,
(b)in subsection (1C), omit “literary, dramatic, musical or artistic”,
(c)omit subsection (2),
(d)for subsection (3)(a), substitute—
“(a)in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under section 42A (copying by librarians: single copies of published works), or”, and
(e)after subsection (4A) insert—
“(4B) 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.”.
(2) After section 29 insert—
“29A Copies for text and data analysis for non-commercial research
(1) The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that—
(a)the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and
(b)the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2) Where a copy of a work has been made under this section, copyright in the work is infringed if—
(a)the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or
(b)the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner.
(3) If a copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(4) In subsection (3) “dealt with” means sold or let for hire, or offered or exposed for sale or hire.
(5) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.”.
(3) In Schedule 2(2), immediately before paragraph 2, insert—
“Research and private study
1C.—(1) Fair dealing with a performance or a recording of a performance for the purposes of research for a non-commercial purpose does not infringe the rights conferred by this Chapter.
(2) Fair dealing with a performance or recording of a performance for the purposes of private study does not infringe the rights conferred by this Chapter.
(3) Copying of a recording by a person other than the researcher or student is not fair dealing if—
(a)in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under paragraph 6F (copying by librarians: single copies of published recordings), or
(b)in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
(4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(5) Expressions used in this paragraph have the same meaning as in section 29.
Copies for text and data analysis for non-commercial research
1D.—(1) The making of a copy of a recording of a performance by a person who has lawful access to the recording does not infringe any rights conferred by this Chapter provided that the copy is made in order that a person who has lawful access to the recording may carry out a computational analysis of anything recorded in the recording for the sole purpose of research for a non-commercial purpose.
(2) Where a copy of a recording has been made under this paragraph, the rights conferred by this Chapter are infringed if—
(a)the copy is transferred to any other person, except where the transfer is authorised by the rights owner, or
(b)the copy is used for any purpose other than that mentioned in sub-paragraph (1), except where the use is authorised by the rights owner.
(3) If a copy of a recording made under this paragraph is subsequently dealt with—
(a)it is to be treated as an illicit recording for the purposes of that dealing, and
(b)if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(4) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(5) Expressions used in this paragraph have the same meaning as in section 29A.”.
Section 29 was amended by S.I. 1992/3233, regulation 7, S.I. 1997/3032, regulation 8 and S.I. 2003/2498, regulation 9.
Paragraph 2 of Schedule 2 was substituted by S.I. 2003/2498, regulation 10(2).