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The Copyright and Related Rights Regulations 2003

Consolidated Text As Enacted Cited authorities 86 Cited in Amendments 134 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Copyright and Related Rights Regulations 2003 and shall come into force on 31st October 2003.
    • (1) Schedule 1 (consequential amendments) shall have effect.(2) Schedule 2 (repeals) shall have effect.
  • The Copyright, Designs and Patents Act 1988
  • for subsection (1) there shall be substituted—
    • “(1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—
    • (a) is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or
    • (b) is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,
      • and which is not excepted by subsection (1A) ; and references to broadcasting shall be construed accordingly.
    • is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, oris transmitted at a time determined solely by the person making the transmission for presentation to members of the public,a transmission taking place simultaneously on the internet and by other means,a concurrent transmission of a live event, ora transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.
  • in subsection (3) for the words “, broadcasting a work, or including a work in a broadcast” there shall be substituted
  • in subsection (4) before the word “broadcast”, where it first appears, there shall be inserted
  • after subsection (5) there shall be inserted—
    • The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.(1) Section 7 shall cease to have effect.(2) In section 1(1) (b) for the words “, broadcasts or cable programmes” there shall be substituted “ or broadcasts ”.before the words “broadcasting equivalent” there shall be inserted “ wireless ”;for the words “infringement by broadcasting” there shall be substituted “ infringement by communication to the public ”;in subsections (1) (b) and (1) (c) before the word “broadcasting” there shall be inserted “ wireless ”.(4) Section 9(2) (c) shall cease to have effect.(5) In section 17(4) for the words “, television broadcast or cable programme” and “, broadcast or cable programme”, there shall be substituted “ or broadcast ”.(6) In section 144A(1) before the word “broadcast” there shall be inserted “ wireless ”.(1) For section 20 there shall be substituted—
      (20) Infringement by communication to the public 
    • “(1) The communication to the public of the work is an act restricted by the copyright in—
    • (a) a literary, dramatic, musical or artistic work,
    • (b) a sound recording or film, or
    • (c) a broadcast.
    a literary, dramatic, musical or artistic work,a sound recording or film, ora broadcast.the broadcasting of the work;the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.(2) For section 16(1) (d) there shall be substituted—
    • (d) to communicate the work to the public (see section 20) ;
    .    to communicate the work to the public (see section 20) ;(1) After section 182C there shall be inserted—
      (182CA) Consent required for making available to the public 
    • “(1) A performer’s rights are infringed by a person who, without his consent, makes available to the public a recording of the whole or any substantial part of a qualifying performance by electronic transmission in such a way that members of the public may access the recording from a place and at a time individually chosen by them.
    • (2) The right of a performer under this section to authorise or prohibit the making available to the public of a recording is referred to in this Part as “making available right.
    .    A performer’s rights are infringed by a person who, without his consent, makes available to the public a recording of the whole or any substantial part of a qualifying performance by electronic transmission in such a way that members of the public may access the recording from a place and at a time individually chosen by them.The right of a performer under this section to authorise or prohibit the making available to the public of a recording is referred to in this Part as “making available right.(2) In section 182D (right to equitable remuneration for exploitation of sound recording) for subsection (1) (b) there shall be substituted—
    • (b) is communicated to the public otherwise than by its being made available to the public in the way mentioned in section 182CA(1) ,
    .    is communicated to the public otherwise than by its being made available to the public in the way mentioned in section 182CA(1) ,(3) In section 191A (performers' property rights) in subsection (1) after the entry for “rental right and lending right” there shall be inserted “ making available right (section 182CA) , ”.in paragraph 1(3) for the words “182B or 182C” there shall be substituted “ 182B, 182C or 182CA ”;in paragraphs 2 and 9, for the “or” appearing at the end of sub-paragraph (a) there shall be substituted—
    • (aa) making such a recording available to the public in the way mentioned in section 182CA(1) , or.
    making such a recording available to the public in the way mentioned in section 182CA(1) , or.(1) After the heading “General” appearing before section 29 there shall be inserted—
      (28A) Making of temporary copiesCopyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
    • (a) a transmission of the work in a network between third parties by an intermediary; or
    • (b) a lawful use of the work;
      • and which has no independent economic significance.
    .    a transmission of the work in a network between third parties by an intermediary; ora lawful use of the work;(2) After paragraph 1 of Schedule 2 there shall be inserted—
      Making of temporary copies
    • (1A) The rights conferred by Part 2 are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
    • (a) a transmission of the recording in a network between third parties by an intermediary; or
    • (b) a lawful use of the recording;
      • and which has no independent economic significance.
    a transmission of the recording in a network between third parties by an intermediary; ora lawful use of the recording;(3) After section 182A(1) there shall be inserted—
    • “(1A) In subsection (1) , making a copy of a recording includes making a copy which is transient or is incidental to some other use of the original recording.
    .    In subsection (1) , making a copy of a recording includes making a copy which is transient or is incidental to some other use of the original recording.
  • for subsection (1) there shall be substituted—
    • Fair dealing with a literary, dramatic, musical or artistic work for the purposes of

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