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

2019 No. 605

Exiting The European Union

Intellectual Property

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

Made 19th 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 20181.

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.

1 Introduction

PART 1

Introduction

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(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.

2 Amendments to the Copyright, Designs and Patents Act 1988

PART 2

Amendments to the Copyright, Designs and Patents Act 1988

Amendments to the Copyright, Designs and Patents Act 1988

Amendments to the Copyright, Designs and Patents Act 1988

S-2 The Copyright, Designs and Patents Act 1988 is amended in...

2. The Copyright, Designs and Patents Act 19882is amended in accordance with this Part.

S-3 In section 6A (safeguards in case of certain satellite...

3. In section 6A (safeguards in case of certain satellite broadcasts)3

(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”.

S-4 In section 12(6) and (8)(c) (duration of copyright in literary,...

4. In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works)4, for “an EEA state”, in each place it occurs, substitute “the United Kingdom”.

S-5 In section 13A(4) (duration of copyright in sound recordings) ,...

5. In section 13A(4) (duration of copyright in sound recordings)5, for “an EEA state” substitute “the United Kingdom”.

S-6 In section 13B(7) and (8) (duration of copyright in films) ,...

6. In section 13B(7) and (8) (duration of copyright in films)6, for “an EEA state”, in each place it occurs, substitute “the United Kingdom”.

S-7 In section 14(3) (duration of copyright in broadcasts) , for...

7. In section 14(3) (duration of copyright in broadcasts)7, for “an EEA state” substitute “the United Kingdom”.

S-8 In section 15A(4) (meaning of country of origin) — for...

8. In section 15A(4) (meaning of country of origin)8

(a) for sub-paragraph (a) substitute—

“(a)

“(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”.

S-9 In section 31B(1) and (9) (making and supply of accessible...

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

S-10 In section 31BB(4)(b) (accessible and intermediate copies:...

10. In section 31BB(4)(b) (accessible and intermediate copies: records and notification)10, for “another” substitute “a”.

S-11 Omit section 44B (permitted uses of orphan works) .

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

11. Omit section 44B (permitted uses of orphan works)11.

S-12 Omit section 76A (certain permitted uses of orphan works) .

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

12. Omit section 76A (certain permitted uses of orphan works)12.

S-13 In section 144A(1) (collective exercise of certain rights in...

13. In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission)13, for “another” substitute “an”.

S-14 In section 154(1) (qualification by reference to author) — in...

14. In section 154(1) (qualification by reference to author)14

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

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

S-15 In section 155(1)(a) (qualification by reference to country of...

15. In section 155(1)(a) (qualification by reference to country of first publication)15omit “another EEA state,”.

S-16 In section 156(1)(a) (qualification by reference to place of...

16. In section 156(1)(a) (qualification by reference to place of transmission)16omit “another EEA state,”.

S-17 In section 170 (transitional provisions and savings) omit...

17. In section 170 (transitional provisions and savings)17omit subsection (3).

S-18 In section 172A (meaning of EEA and related expressions) ...

18. In section 172A (meaning of EEA and related expressions)18omit subsection (2).

S-19 In section 178 (minor definitions) , at the appropriate place...

19. In section 178 (minor definitions)19, 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.”

S-20 In section 179 (index of defined expressions) — in the entry...

20. In section 179 (index of defined expressions)20

(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”.

S-21 In section 191(4) (duration of rights) , for “an EEA state”...

21. In section 191(4) (duration of rights)21, for “an EEA state” substitute “the United Kingdom”.

S-22 In section 206(1) (qualifying countries, individuals and...

22. In section 206(1) (qualifying countries, individuals and persons)22omit paragraph (b).

S-23 Omit Schedule ZA1 (certain permitted uses of orphan works) .

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

23. Omit Schedule ZA1 (certain permitted uses of orphan works)23.

S-24 In Schedule 1 (copyright: transitional provisions and savings)...

24. In Schedule 1 (copyright: transitional provisions and savings)24, in paragraph 6(1A), for “another” substitute “an”.

S-25 In Schedule 2 (rights in performances: permitted acts) — in...

25. In Schedule 2 (rights in performances: permitted acts)25

(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”.

3 Amendments to subordinate legislation

PART 3

Amendments to subordinate legislation

Amendments to the Duration of Copyright and Rights in Performances Regulations 1995
S-26 Amendments to the Duration of Copyright and Rights in Performances Regulations 1995

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

26.—(1) The Duration of Copyright and Rights in Performances Regulations 199526are 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)

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

(b)

(b) omit paragraph (3).

Amendments to the Copyright and Related Rights Regulations 1996
S-27 Amendments to the Copyright and Related Rights Regulations 1996

Amendments to the Copyright and Related Rights Regulations 1996

27.—(1) The Copyright and Related Rights Regulations 199627are 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)

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

(b)

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

(c)

(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 1997
S-28 Amendments to the Copyright and Rights in Databases Regulations 1997

Amendments to the Copyright and Rights in Databases Regulations 1997

28.—(1) The Copyright and Rights in Databases Regulations 199728are 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)

(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)

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

(c)

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

Amendments to the Artist’s Resale Right Regulations 2006
S-29 Amendments to the Artist’s Resale Right Regulations 2006

Amendments to the Artist’s Resale Right Regulations 2006

29.—(1) The Artist’s Resale Right Regulations 200629are amended as follows.

(2) In regulation 2...

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