The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/995 |
| Year | 2018 |
(1) These Regulations may be cited as the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018.(2) These Regulations come into force on 11th October 2018.(3) In these Regulations—
The 1988 Act is amended in accordance with this Part. (1) Section 18 (infringement by issue of copies to the public) (2) For subsection (2) , substitute—“ access to ” ;in paragraph (b) , after “enjoying the work to” insert “ substantially ” .in paragraph (a) , after “person,” insert “ and ” ;in paragraph (b) omit “, and”;omit paragraph (c) .(4) Omit subsection (3) .(1) Section 31B (making and supply of accessible copies by authorised bodies) (2) In the section heading, for “and supply” substitute “ , communicating, making available, distributing or lending ” .(3) For subsection (1) substitute—“ subsection (1) ” ;for “supply” substitute “ to communicate, make available, distribute or lend ” ;for “includes supply” substitute “ includes to communicate, make available, distribute or lend ” .(6) Omit subsections (6) to (8) .for “supply” substitute “ communicate, make available, distribute or lend ” ;after “another authorised body” insert “ established in the United Kingdom or another member State of the European Union ” .(8) Omit subsection (10) .(1) Section 31BA (making and supply of intermediate copies by authorised bodies) (2) In the section heading, for “and supply” substitute “ , communicating, making available, distributing or lending ” .(3) In subsection (2) , for “supply it” substitute “ communicate, make available, distribute or lend it on a non-profit basis ” .(4) Omit subsection (4) .In section 31BB (accessible and intermediate copies: records and notification)
making accessible copies under section 31B, ormaking intermediate copies under section 31BA,On receipt of a request under subsection (1) , an authorised body must provide the information to the person in an accessible way within a reasonable time.disabled person;another authorised body;rightholders.the list of works for which it has accessible copies and the available formats, andthe name and contact details of any authorised body established in another member State of the European Union from which, or to which, it has imported, exported or accessed an accessible copy.(1) Section 31F (sections 31A to 31BB: interpretation and general) (2) In subsection (2) , after “copyright work to” insert “ substantially ” .(3) In subsection (3) , after “can be improved,” insert “ for example ” .(4) In subsection (4) , for “the fuller enjoyment of the work by disabled persons” substitute “ disabled persons to access the work, including accessing it as feasibly and comfortably as a person who is not a disabled person ” .(5) Omit subsection (7) .(6) In subsection (8) , after “by virtue of section”, insert “ 27, ” .In section 111(3B) (infringing copies may be treated as prohibited goods)
(1) Section 296ZE (remedy where effective technological measure prevent permitted acts) (2) In subsection (1) , at the appropriate places insert—“ Subject to subsection (9A) , ” .(4) After subsection (9) insert—
- “the 1988 Act” means the Copyright, Designs and Patents Act 1988;
- “the 1997 Regulations” means the Copyright and Rights in Databases Regulations 1997.
- “(2) References in this Part to the issue to the public of copies of a work are to the act of putting into circulation in the United Kingdom copies not previously put into circulation in the EEA by or with the consent of the copyright owner.
- “(1) If—
- (a) an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and
- (b) the body complies with subsection (1A) , the body may, without infringing copyright, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom or another member State of the European Union.
- “Marrakesh beneficiary” means a person who—
- (a) is blind,
- (b) has a visual impairment which cannot be improved so as to give the person visual function substantially equivalent to that of a person who has no such impairment, and who is, as a result, unable to read printed works to substantially the same degree as a person without such an impairment,
- (c) has a perceptual or reading disability and is, as a result, unable to read printed works to substantially the same degree as a person without such disability, or
- (d) is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would normally be acceptable for reading;
- “Marrakesh work” means a work in the form of a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright, related rights or database rights and which is published or otherwise lawfully made publicly available;
- “(9A) But this section does apply where the application of any effective technological measure to a Marrakesh work prevents the making of an accessible copy of that work under sections 31A, 31B or 31BA, or paragraphs 3A, 3B or 3C of Schedule 2, for the benefit of a Marrakesh beneficiary.
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