Copyright and Related Rights Regulations 1996
| Year | 1996 |
1996 No. 2967
COPYRIGHT RIGHTS IN PERFORMANCES
The Copyright and Related Rights Regulations 1996
Made 26th November 1996
Coming into force 1st December 1996
Whereas a draft of the following Regulations has been approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the protection of copyright and rights in performances, in exercise of powers conferred by section 2(2) and (4) of the said Act of 1972, hereby makes the following Regulations:—
PART I
INTRODUCTORY PROVISIONS
Citation, commencement and extent.
1.—(1) These Regulations may be cited as the Copyright and Related Rights Regulations 1996.
(2) These Regulations come into force on 1st December 1996.
(3) These Regulations extend to the whole of the United Kingdom.
Interpretation
2. In these Regulations—
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19923, as adjusted by the Protocol signed at Brussels on 17th March 19934; and
“EEA state” means a state which is a contracting party to the EEA Agreement.
Implementation of Directives, &c.
3. These Regulations make provision for the purpose of implementing—
(a) Council Directive No. 92/100/EECof 19 November 19925on rental right and lending right and on certain rights related to copyright in the field of intellectual property;
(b) Council Directive No. 93/83/EECof 27 September 19936on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission;
(c) the provisions of Council Directive No. 93/98/EECof 29 October 19937harmonizing the term of protection of copyright and certain related rights, so far as not implemented by the Duration of Copyright and Rights in Performances Regulations 19958; and
(d) certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relevant to the implementation of those Directives.
Scheme of the regulations
4. The Copyright, Designs, and Patents Act 19889is amended in accordance with the provisions of Part II of these Regulations, subject to the savings and transitional provisions in Part III of these Regulations.
PART II
AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
Satellite broadcasts and cable re-transmission
Place where broadcast treated as made
5. For section 6(4) (broadcasts: place where regarded as made) substitute—
“4 For the purposes of this Part, the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).”.
Safeguards in relation to certain satellite broadcasts
6.—(1) In section 6 (broadcasts), after subsection (4) insert—
“4A Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).”
(2) After that section insert—
“Safeguards in case of certain satellite broadcasts.
6A.—(1) This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than an EEA State and the law of that country fails to provide at least the following level of protection—
(a)
(a) exclusive rights in relation to broadcasting equivalent to those conferred by section 20 (infringement by broadcasting) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b)
(b) a right in relation to live broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and
(c)
(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the broadcasting of sound recordings.
(2) Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in an EEA State—
(a)
(a) that place shall be treated as the place from which the broadcast is made, and
(b)
(b) the person operating the uplink station shall be treated as the person making the broadcast.
(3) Where the uplink station is not located in an EEA State but a person who is established in an EEA State has commissioned the making of the broadcast—
(a)
(a) that person shall be treated as the person making the broadcast, and
(b)
(b) the place in which he has his principal establishment in the European Economic Area shall be treated as the place from which the broadcast is made.”.
Exercise of rights in relation to cable re-transmission
7. In Chapter VII of Part I (provisions as to copyright licensing), after section 144 insert—
“Compulsory collective administration of certain rights(144A) Collective exercise of certain rights in relation to cable re-transmission.(1) This section applies to the right of the owner of copyright in a literary, dramatic, musical or artistic work, sound recording or film to grant or refuse authorisation for cable re-transmission of a broadcast from another EEA member state in which the work is included. That right is referred to below as “cable re-transmission right”.(2) Cable re-transmission right may be exercised against a cable operator only through a licensing body.(3) Where a copyright owner has not transferred management of his cable re-transmission right to a licensing body, the licensing body which manages rights of the same category shall be deemed to be mandated to manage his right. Where more than one licensing body manages rights of that category, he may choose which of them is deemed to be mandated to manage his right.(4) A copyright owner to whom subsection (3) applies has the same rights and obligations resulting from any relevant agreement between the cable operator and the licensing body as have copyright owners who have transferred management of their cable re-transmission right to that licensing body.(5) Any rights to which a copyright owner may be entitled by virtue of subsection (4) must be claimed within the period of three years beginning with the date of the cable re-transmission concerned.(6) This section does not affect any rights exercisable by the maker of the broadcast, whether in relation to the broadcast or a work included in it.(7) In this section— “cable operator” means a person providing a cable programme service; and“cable re-transmission” means the reception and immediate re-transmission by way of a cable programme service of a broadcast.”.
Meaning of wireless telegraphy.
8. In section 178 (minor definitions), in the definition of “wireless telegraphy” at the end insert “, but does not include the transmission of microwave energy between terrestrial fixed points”.
Distribution right
Issue of copies of work to the public: extension of right
9.—(1) Section 18 (infringement of copyright by issue of copies of work to public) is amended as follows.
(2) For subsections (2) and (3) (meaning of issue of copies to the public) substitute—
“2 References in this Part to the issue to the public of copies of a work are to—
(a) the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the copyright owner, or
(b) the act of putting into circulation outside the EEA copies not previously put into circulation in the EEA or elsewhere.
3 References in this Part to the issue to the public of copies of a work do not include—
(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending), or
(b) any subsequent importation of such copies into the United Kingdom or another EEA state,
except so far as paragraph (a) of subsection (2) applies to putting into circulation in the EEA copies previously put into circulation outside the EEA.”.
(3) After subsection (3) add—
“4 References in this Part to the issue of copies of a work include the issue of the original.”.
(4) In consequence of the above amendments, in section 27 (meaning of “infringing copy”) omit subsection (3A) and the words “Subject to subsection (3A),” in subsection (3).
(5) In section 172A (meaning of EEA national and EEA state), for the sidenote and subsection (1) substitute—
“Meaning of EEA and related expressions.
172A.—(1) In this Part—
“the EEA” means the European Economic Area;
“EEA national” means a national of an EEA state; and
“EEA state” means a state which is a contracting party to the EEA Agreement.”.
(6) In section 179 (index of defined expressions)—
(a)
(a) in the first column of the entry relating to the expressions “EEA national” and “EEA state”, at the beginning insert “EEA,”, and
(b)
(b) in the second column of the entry relating to the expression “issue of copies to the public” for “section 18(2)” substitute “section 18”.
Rental and lending right
Rental or lending of copyright work
10.—(1) In section 16 (the acts restricted by copyright in a work), in subsection (1), after paragraph (b) insert—
“(ba)
“(ba) to...
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