The Copyright and Related Rights Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/2498

2003No. 2498

COPYRIGHT

RIGHTS IN PERFORMANCES

The Copyright and Related Rights Regulations 2003

27thSeptember2003

3rdOctober2003

31stOctober2003

ARRANGEMENT OF REGULATIONS

PART 1

INTRODUCTORY PROVISIONS

1.

Citation and commencement

2.

Consequential amendments and repeals

PART 2

AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

3.

Introductory

Broadcasts

4.

Provisions relating to broadcasts

5.

Other amendments relating to broadcasts

Acts restricted by copyright

6.

Restricted act: communication to the public of the work

Making available right

7.

Making available right for performers

Acts permitted in relation to copyright works and rights in performances

8.

Making temporary copies

9.

Amendment of provision relating to research and private study

10.

Amendment of provisions relating to criticism, review and news reporting

11.

Amendment of provisions relating to things done for the purposes of instruction or examination

12.

Amendment of provisions relating to recordings by educational establishments of broadcasts

13.

Amendment of provision relating to reprographic copying by educational establishments

14.

Amendment of provisions relating to copying by librarians

15.

Observing, studying and testing of computer programs

16.

Amendment of provision relating to recordings of folksongs

17.

Amendment of provision relating to the advertisement of sale of artistic work

18.

Amendment of provisions relating to the playing of sound recordings for the purposes of club, society &c

19.

Provisions relating to recording for the purposes of time-shifting

20.

Provisions relating to photographs of broadcasts

21.

Amendment of provisions on public showing or playing of broadcast

22.

Amendment of provisions on the reception and re-transmission of broadcasts

23.

Amendment of the provisions on the sub-titling of copies of broadcasts

Technical measures and rights management information

24.

Circumvention of protection measures

25.

Rights management information

Sanctions and Remedies

26.

New criminal offences

27.

Injunctions against service providers

28.

Rights and remedies of a non-exclusive licensee

Duration

29.

Duration of copyright in sound recordings

PART 3

SAVINGS AND TRANSITIONAL PROVISIONS

General provisions

30.

Introductory

31.

General rules

32.

Savings for certain existing agreements

Special provisions

33.

Permitted acts

34.

Performers' rights: making available to the public

35.

Exercise of rights in relation to performances

36.

Ownership of extended copyright in sound recordings

37.

Prospective ownership of extended copyright in sound recordings

38.

Extended copyright in sound recordings: existing licences, agreements, etc.

39.

Duration of copyright in sound recordings: general saving

40.

Sanctions and remedies

Schedule 1 -

Consequential amendments

Schedule 2 -

Repeals

Schedule 3 -

New Schedule 5A to the Copyright, Designs and Patents Act 1988

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) , in relation to measures relating to copyright and to rights in performances( 2) and also in relation to measures relating to the prevention of unauthorised extraction of the contents of a database, and of unauthorised reutilisation of those contents( 3), in exercise of the powers conferred on her by that section, hereby makes the following Regulations:

PART 1

INTRODUCTORY PROVISIONS

Citation and commencement

1. These Regulations may be cited as the Copyright and Related Rights Regulations 2003 and shall come into force on 31st October 2003.

Consequential amendments and repeals

2. - (1) Schedule 1 (consequential amendments) shall have effect.

(2) Schedule 2 (repeals) shall have effect.

PART 2

AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Introductory

3. The Copyright, Designs and Patents Act 1988( 4) shall be amended as follows and, except where otherwise indicated, any reference in this Part to a section or paragraph is a reference to a section or paragraph of that Act and reference to a Schedule is to a Schedule to that Act.

Broadcasts

Provisions relating to broadcasts

4. Section 6 shall be amended as follows -

(a) 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.

(1A) Excepted from the definition of "broadcast" is any internet transmission unless it is -

(a) a transmission taking place simultaneously on the internet and by other means,(b) a concurrent transmission of a live event, or(c) a 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.";(b) in subsection (3) for the words ", broadcasting a work, or including a work in a broadcast" there shall be substituted "or a transmission which is a broadcast";(c) in subsection (4) before the word "broadcast", where it first appears, there shall be inserted "wireless";(d) after subsection (5) there shall be inserted -

" (5A) 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.".

Other amendments relating to broadcasts

5. - (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".

(3) Section 6A shall be amended as follows -

(a) in subsection (1)(a) - (i) before the words "broadcasting equivalent" there shall be inserted "wireless";(ii) for the words "infringement by broadcasting" there shall be substituted "infringement by communication to the public";(b) 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".

Acts restricted by copyright

Restricted act: communication to the public of the work

6. - (1) For section 20 there shall be substituted -

"Infringement by communication to the public

20

(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.

(2) References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include -

(a) the broadcasting of the work;(b) 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);".

Making available right

Making available right for performers

7. - (1) After section 182C there shall be inserted -

"182CAConsent 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.".

(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),".

(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),".

(4) Schedule 2A shall be amended as follows -

(a) in paragraph 1(3) for the words "182B or 182C" there shall be substituted "182B, 182C or 182CA";(b) 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."

Acts permitted in relation to copyright works and rights in performances

Making temporary copies

8. - (1) After the heading "General"appearing before section 29 there shall be inserted -

"28AMaking of temporary copies

Copyright 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.".

(2) After paragraph 1 of Schedule 2 there shall be inserted -

"Making of temporary copies

1A. The rights conferred by Part 2 are not...

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