2019 No. 605

Exiting The European Union

Intellectual Property

The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

Made19th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Annotations:

Marginal Citations

2018 c.16.

PART 1Introduction

Citation and commencementI11

1

These Regulations may be cited as the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019.

2

These Regulations come into force on exit day.

PART 2Amendments to the Copyright, Designs and Patents Act 1988

Amendments to the Copyright, Designs and Patents Act 1988I22

The Copyright, Designs and Patents Act 1988 M2 is amended in accordance with this Part.

I33

In section 6A (safeguards in case of certain satellite broadcasts) M3—

a

for “an EEA State”, in each place it occurs, substitute “ the United Kingdom ”;

b

in subsection (2)(a), for “that place” substitute “ the United Kingdom ”;

c

in subsection (3)(b), for “the place in which he has his principal establishment in the European Economic Area” substitute “ the United Kingdom ”.

I44

In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works) M4, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

I55

In section 13A(4) (duration of copyright in sound recordings) M5, for “an EEA state” substitute “ the United Kingdom ”.

I66

In section 13B(7) and (8) (duration of copyright in films) M6, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

I77

In section 14(3) (duration of copyright in broadcasts) M7, for “an EEA state” substitute “ the United Kingdom ”.

I88

In section 15A(4) (meaning of country of origin) M8—

a

for sub-paragraph (a) substitute—

a
if the United Kingdom is one of those countries, the country of origin is the United Kingdom; and

b

in sub-paragraph (b), for “if none of those countries is an EEA state” substitute “ if the United Kingdom is not one of those countries ”.

I99

In section 31B(1) and (9) (making and supply of accessible copies by authorised bodies) M9 omit “or another member State of the European Union” in each place it occurs.

I1010

In section 31BB(4)(b) (accessible and intermediate copies: records and notification) M10, for “another” substitute “ a ”.

I1111

Omit section 44B (permitted uses of orphan works) M11.

I1212

Omit section 76A (certain permitted uses of orphan works) M12.

I1313

In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission) M13, for “another” substitute “ an ”.

I1414

In section 154(1) (qualification by reference to author) M14—

a

in paragraph (a), omit “a national of another EEA state,”;

b

in paragraphs (b) and (c), omit “or another EEA state”.

I1515

In section 155(1)(a) (qualification by reference to country of first publication) M15 omit “another EEA state,”.

I1616

In section 156(1)(a) (qualification by reference to place of transmission) M16 omit “another EEA state,”.

I1717

In section 170 (transitional provisions and savings) M17 omit subsection (3).

I1818

In section 172A (meaning of EEA and related expressions) M18 omit subsection (2).

I1919

In section 178 (minor definitions) M19, at the appropriate place insert—

“national of the United Kingdom” means—
a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,
b
a person who under the British Nationality Act 1981 is a British subject,
c
a British protected person within the meaning of that Act, or
d
a body incorporated under the law of any part of the United Kingdom.

I2020

In section 179 (index of defined expressions) M20—

a

in the entry for “the EEA, EEA state and national of an EEA state”, for “, EEA state and national of an EEA state” substitute “ and EEA state ”;

b

at the appropriate place insert—

national of the United Kingdom
section 178

I2121

In section 191(4) (duration of rights) M21, for “an EEA state” substitute “ the United Kingdom ”.

I2222

In section 206(1) (qualifying countries, individuals and persons) M22 omit paragraph (b).

I2323

Omit Schedule ZA1 (certain permitted uses of orphan works) M23.

I2424

In Schedule 1 (copyright: transitional provisions and savings) M24, in paragraph 6(1A), for “another” substitute “ an ”.

I2525

In Schedule 2 (rights in performances: permitted acts) M25—

a

in paragraph 3B(1) omit “or another member State of the European Union”;

b

in paragraph 3B(8) omit “or in another member State of the European Union”;

c

in paragraph 3D(4)(b), for “another” substitute “ a ”.

PART 3Amendments to subordinate legislation

Amendments to the Duration of Copyright and Rights in Performances Regulations 1995I2626

1

The Duration of Copyright and Rights in Performances Regulations 1995 M26 are amended as follows.

2

In regulation 16 (duration of copyright: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.

3

In regulation 29 (duration of rights in performances: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.

4

In regulation 36 (construction of references to EEA states)—

a

in paragraphs (1) and (2) for “another EEA state”, in each place it occurs, substitute “ an EEA state ”;

b

omit paragraph (3).

Amendments to the Copyright and Related Rights Regulations 1996I2727

1

The Copyright and Related Rights Regulations 1996 M27 are amended as follows.

2

In regulation 2 (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.

3

In regulation 16(4) (publication right)—

a

in sub-paragraph (a), after “European Economic Area” insert “ or in the United Kingdom ”;

b

in sub-paragraph (b), after “an EEA state” insert “ or a national of the United Kingdom ”;

c

in the full out words of that paragraph, after “an EEA state” insert “ or a national of the United Kingdom ”.

4

In regulation 29(1)(a) (satellite broadcasting: international co-production agreements) after “an EEA state” insert “ or a national of the United Kingdom ”.

Amendments to the Copyright and Rights in Databases Regulations 1997I2828

1

The Copyright and Rights in Databases Regulations 1997 M28 are amended as follows.

2

In regulation 12(1) (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the 1988 Act ”.

3

In regulation 18 (qualification for database right)—

a

in paragraph (1)—

i

for “the EEA” substitute “ the United Kingdom ”;

ii

in sub-paragraph (a), for “an EEA state” substitute “ the United Kingdom ”;

iii

in sub-paragraphs (b) and (c), for “an EEA state” substitute “ any part of the United Kingdom ”;

b

in paragraph (2), for “the EEA” and for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”;

c

in paragraph (4), omit sub-paragraph (a).

Amendments to the Artist's Resale Right Regulations 2006I2929

1

The Artist's Resale Right Regulations 2006 M29 are amended as follows.

2

In regulation 2 (interpretation)—

a

omit the definition of “EEA state”;

b

at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.

3

In regulation 10 (requirements as to nationality), in paragraph (a) for “an EEA state” and for “EEA states” substitute “ the United Kingdom ”.

4

In regulation 17 (review of regulations) omit paragraph (2).

Amendments to the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014I3030

In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 M30 (application for authorisation), for “European Economic Area” substitute “ the United Kingdom ”.

Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014I3131

M31In regulation 4 of the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 (diligent search)—

F1a

in paragraph (3)—

i

in sub-paragraph (a) omit “and the relevant database maintained by the Office for Harmonization in the Internal Market; and”;

ii

omit sub-paragraph (b);

b

in paragraph (5) omit sub-paragraph (b).

Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016I3232

1

The Collective Management of Copyright (EU Directive) Regulations 2016 M32 are amended as follows.

2

In regulation 2(1) (interpretation and application), in the definition of “multi-territorial licence”, for “more than one member State” substitute “ the United Kingdom and at least one member State ”.

3

In regulation 4 (particular obligations of collective management organisations in relation to right holders), in paragraph (a) for “member State” substitute “ country ”.

4

In regulation 15(3) (licensing), for “a member State” substitute “ the United Kingdom ”.

5

In regulation 22(2) (application), for “Articles 101 and 102 of the Treaty on the Functioning of the European Union” substitute “ Part I of the Competition Act 1998 ”.

6

In regulation 51 (review) omit paragraph (2).

Amendments to the Copyright and Performances (Application to Other Countries) Order 2016I3333

In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 2016 M33 (citation, commencement, interpretation and revocation), in paragraph (2), in the definition of “relevant country”, for “another EEA state” substitute “ an EEA state ”.

Revocation of the Portability of Online Content Services Regulations 2018I3434

The Portability of Online Content Services Regulations 2018 are revoked M34.

Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018I3535

Omit regulation 20(4) of the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (review) M35.

PART 4Amendments to retained direct EU legislation

Amendments to Council Regulation (EU) 2017/1563I3636

1

Council Regulation (EU) 2017/1563 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled is amended as follows.

2

Omit Article 1 (subject matter and scope).

3

For Article 2(4) substitute—

“authorised entity established in a Member State” means an entity that falls within the definition of an authorised body in section 31F(6) of the Copyright, Designs and Patents Act 1988

4

In Article 3 (export of accessible format copies to third countries),—

a

for “a Member State” substitute “ the United Kingdom ”;

b

for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.

5

In Article 4 (import of accessible format copies from third countries),—

a

for “a Member State” substitute “ the United Kingdom ”;

b

for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.

6

In Article 5 (obligations of authorised entities) for “a Member State” substitute “ the United Kingdom ” in all places where it appears.

7

In Article 6 (protection of personal data) for “Directives 95/46/ECM36 and 2002/58/EC” substitute “ Regulation (EU) 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ”.

8

Omit Article 7 (review).

9

Omit Article 8 (entry into force and application).

10

At the end omit the sentence starting “This Regulation shall be binding”.

RevocationsI3737

Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market is revoked.

PART 5Transitional provisions and savings

Transitional provisions and savingsI3838

The amendments made by these Regulations do not apply to any database in which a database right exists under the Copyright and Rights in Databases Regulations 1997 prior to F2IP completion day.

Chris Skidmore Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (c), (d) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union. These Regulations make amendments to legislation in the field of copyright and related rights and, in particular, amend the Copyright, Designs and Patents Act 1988, subordinate legislation and retained direct EU legislation. These Regulations also revoke the Portability of Online Content Services Regulations 2018 and Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market.

A full impact assessment of the effect of this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP20 8QQ and is available with the explanatory memorandum alongside this instrument on the Legislation UK website www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.