. (b)i f goods or services are supplied at that place (or a place of which it forms part): (i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F224. (3) The above amendments apply in relation to any Crown use of a registered design after the commencement of this section, even if the terms for such use were settled before commencement. . (2) This section does not apply if or to the extent that there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences. . (3) Where an exclusive licence is in force in respect of the design: (a )if the licence was granted for royalties: (i) any agreement between the design right owner and a government department under section 241 (settlement of terms for Crown use) requires the consent of the licensee, and. . No changes have been applied to the text. Copyright, Designs and Patents Act 1988 is up to date with all changes known to be in force on or before 11 November 2021. There are changes that may be brought into force at a future date. Revised legislation carried on this site may not be fully up to date. . . . . . . (b) persons or organisations appearing to the Secretary of State to represent educational establishments,and for the making of written or oral representations by such persons; but without prejudice to the giving of notice to, and the making of representations by, other persons and organisations. (6) The powers conferred to make regulations under this section are not to be taken to prejudice: (a) any other power which the person who keeps the register may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise); (b) any rules or regulations made by that person under any such power. (1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film [F102or broadcast]. . is entitled to its return. 104.- Presumptions relevant to literary, dramatic, musical and artistic works. . (3) Where by virtue of subsection (1)(a) or (1)(b) a right becomes exercisable by more than one person: (a) it is, in the case of the right conferred by section 205F (right to object to derogatory treatment of performance), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question, and. . (d) a performance of a variety act or any similar presentation,which is, or so far as it is, a live performance given by one or more individuals; and recording, in relation to a performance, means a film or sound recording: (a) made directly from the live performance, (b) made from a broadcast of F454. (c) a body corporate entitled to describe itself as a patent [F719attorney] or as a company carrying on the business of a European patent attorney. . . (b) whether that person or a person from whom he derives title has in the courts opinion without reasonable cause failed to comply with a request of the department for the use of the design on reasonable terms. (1) The First Schedule to the M70Registered Designs Act 1949 (provisions as to Crown use of registered designs) is amended as follows. (5) An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine. . . . (4) If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application shall be taken to be withdrawn. (1) Where in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country outside the United Kingdom, it shall be presumed until the contrary is proved that he was such a qualifying individual and that copyright accordingly subsists in the work, subject to the provisions of this Part. . British ship means a ship which is a British ship for the purposes of the [F594Merchant Shipping Act 1995] otherwise than by virtue of registration in a country outside the United Kingdom; and, 210A.- Requirement of signature: application in relation to body corporate. (3) The court may, having regard to the nature of the purposes listed in subsection (2)(a) to (c), treat any other purpose as a permitted purpose if it considers that it is in the interests of justice to do so. . (4) An appeal lies from an order made under this section by a magistrates court: (a) in England and Wales, to the Crown Court, and. (9) Where an order for the forfeiture of any unauthorised decoders is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why the unauthorised decoders should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension. (2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded. . The act makes the following illegal: Unauthorised access to computer material. . . Customs and Excise Management. References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system. . 302.- Financial assistance for certain international bodies. (2) Copyright in such a work is referred to in this Part as Crown copyright, notwithstanding that it may be, or have been, assigned to another person. . . The Copyright, Designs and Patents Act 1988 (CDPA) provides copyright owners with a range of rights allowing them to control the use of their works and to seek payment for this . 29.- In section 123 of the Patents Act 1977 (rules), after subsection (3) insert: (a) authorising the rectification of irregularities of procedure, or. . . (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the M21Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material). . 9), F8Words in s. 276(4) substituted (1.1.2010) by Legal Services Act 2007 ( c. 29), ss. The provisions of Schedule 2A have effect with respect to the licensing of performers F580 rights. 10.- In section 74(6) (meaning of entitlement proceedings), for section 37(1)(a) above substitute section 37(1) above. (6) In this Part infringing copy includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions : section 56(2) (further copies, adaptations, &c. of work in electronic form retained on transfer of principal copy). (a) there is an infringement of a right conferred by this Chapter, (b) a person falsely claiming to act on behalf of a performer consented to the relevant conduct or purported to waive the right, and. (3) The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part; but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights. . . . . (4) Where it is shown that an article is made to a design in which design right subsists or has subsisted at any time, it shall be presumed until the contrary is proved that the article was made at a time when design right subsisted. (b) anything which if copyright still subsisted in the work could, by virtue of any provision of Chapter III of Part I of this Act (acts permitted notwithstanding copyright), be done without infringing copyright. (3) Where copyright is infringed (otherwise than by reception of a [F264communication to the public]): (a) by the public performance of a literary, dramatic or musical work, or. (b) at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work. a place in a country to which the Order relates. . (2) So much of section 18(2) as extends the restricted act of issuing copies to the public to include the rental to the public of copies of sound recordings, films or computer programs does not apply in relation to a copy of a sound recording, film or computer program acquired by any person before commencement for the purpose of renting it to the public. (3) In subsection (2), dealt with means sold or let for hire, offered or exposed for sale or hire or communicated to the public. . compensation for any loss resulting from his not being awarded a contract to supply the articles to which the design is applied. (1) This section applies to a design which is not created F650in the course of employment. . . (1) In this Part infringing copy, in relation to a copyright work, shall be construed in accordance with this section. Section 35: fine for falsely representing a design as registered. (2) Copyright in a public Bill belongs in the first instance to the House into which the Bill is introduced, and after the Bill has been carried to the second House to both Houses jointly, and subsists from the time when the text of the Bill is handed in to the House in which it is introduced. 31-40), F7Words in s. 6(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. . . . 2(h) (with art. ][F146, 40B.- Libraries and educational establishments etc : making works available through dedicated terminals. was an infringement of the rights conferred by [F895this Chapter] in relation to a performance or recording, the fact that it was heard or seen in public by the reception of the broadcast F899. (3) If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known. . . . . (1) Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection. . . (b) the proviso to section 12(4) of the 1956 Act (sound recordings). . 1971 c. 62. That right is referred to below as cable re-transmission right. . . . Use this menu to access essential accompanying documents and information for this legislation item. . . . . . . . (5) In sections 297 [F777, 297A] and 298, and this section, programme[F778and broadcasting], and related expressions, have the same meaning as in Part I (copyright). (1) After a patent has been granted for an invention any person having or claiming a proprietary interest in or under the patent may refer to the comptroller the question: (a) who is or are the true proprietor or proprietors of the patent, (b) whether the patent should have been granted to the person or persons to whom it was granted, or. (4) Expressions used in sections 296ZA to [F751 296ZEA] which are defined for the purposes of Part 1 of this Act (copyright) have the same meaning as in that Part. 31-40), F3S. . 21 para 77(e), Sch. (4) In subsection (3), omit paragraph (b) (requirement that failure to renew is due to circumstances beyond proprietors control) and the word and preceding it. Amendment Act 1985. (5) Before making an order under subsection (4), the Secretary of State must consult the Legal Services Board. . . . (b) to whom the benefit of such a licence has been assigned,and who is a qualifying person. (ii) an artistic work incorporated in a building or other structure situated in a Berne Convention country,that country; (c) in any other case, the country of which the author of the work is a national. . (1) The following provisions have effect with respect to the duration of copyright in a sound recording. . (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) The savings in subsection (1) have effect subject to section 164(4) and section 166(7) (copyright in Acts, Measures and Bills: exclusion of other rights in the nature of copyright). . . Yn ychwanegol maer safle hwn chynnwys syn deillio o EUR-Lex, a ailddefnyddiwyd dan delerau Penderfyniad y Comisiwn 2011/833/EU ar ailddefnyddio dogfennau o sefydliadaur UE. (3) On considering the reasons for the application the Secretary of State may confirm the order forthwith; if he does not do so, he shall give notice of the application to: (b) such persons or organisations representative of educational establishments, and such other persons or organisations, as he thinks fit. . . . 4.- No royalty is payable in respect of anything done in pursuance of arrangements made before the passing of this Act. . (1) The registrar shall grant a certificate of registration in the prescribed form to the registered proprietor of a design when the design is registered. (9) An appeal to the Appeal Tribunal under this Act shall not be deemed to be a proceeding in the High Court. (4) An order under this section has effect from the date on which it is made or such later date as may be specified by the Tribunal.][F332. 183.- Infringement of performers rights by use of recording made without consent. . . 29, 192, 193); S.I. (2) A design right owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings. . . . (2A) Proceedings may not be brought under this section in respect of a threat to bring proceedings for an infringement alleged to consist of the making or importing of anything.. (3) A work of joint authorship qualifies for copyright protection if at the material time any of the authors satisfies the requirements of subsection (1) or (2); but where a work qualifies for copyright protection only under this section, only those authors who satisfy those requirements shall be taken into account for the purposes of: section 11(1) and (2) (first ownership of copyright; entitlement of author or authors employer). (5) Where a person (P) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P: (a) P is liable for infringement of copyright as if P had made the copy, and. . . . (4) The amount payable by way of equitable remuneration is as agreed by or on behalf of the persons by and to whom it is payable, subject to section 191H (reference of amount to Copyright Tribunal). . (3) No Order in Council under this paragraph shall be submitted to Her Majesty unless a draft of it has been laid before and approved by a resolution of each House of Parliament.. 89A.- International and national phases of application. (1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing: (a )that an offence under [F278section 107(1), (2) or (2A)] has been or is about to be committed in any premises, and. . . ][F112, 31B.- Making [F113, communicating, making available, distributing or lending] of accessible copies by authorised bodies, (a) an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and. . . (1) Where a design is registered under the Registered Designs Act 1949 in pursuance of an application made after 12th January 1988 and before the commencement of this part which could not have been registered under section 1 of that Act as substituted by section 265 above: (a) the right in the registered design expires ten years after the commencement of this part, if it does not expire earlier in accordance with the 1949 Act, and. (3) In section 58(11) of the Patents Act 1977 (exclusion of right to compensation for Crown use if relevant transaction, instrument or event not registered), after section 57(3) above) insert , or to any compensation under section 57A above,. (3) In relation to a work of joint authorship: (a) the reference in subsection (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors, and. (5) Provision made under subsection (4) may apply generally or in relation to such classes of works, or other classes of case, as are specified. . . . . . . . . (4) The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked. . . (b) if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes. (3) The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the Continental Shelf Act 1964.. (2) The right conferred by section 205F (right to object to derogatory treatment of performance) applies in relation to the whole or any part of a performance. (b) in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast; (c) F24. (2) An order for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were a deed executed by the registered proprietor and all other necessary parties, granting a licence in accordance with the order. (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.]. . (b) he has previously been identified in or on copies of a sound recording issued to the public,subsection (4) applies only if there is sufficient disclaimer. 29, 192, 193); S.I. future design right means design right which will or may come into existence in respect of a future design or class of designs or on the occurrence of a future event; and. . (7) Expressions used in this paragraph (other than dealt with) have the same meaning as in section 35 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph. . . . (5) Not more than 5% of a work may be copied under this section by or on behalf of an educational establishment in any period of 12 months, and for these purposes a work which incorporates another work is to be treated as a single work. service provided from a place in the United Kingdom or any other member State, (b) sends encrypted tranmissions of any other description from a place in the United Kingdom or any other member State, or. . (1) The registration of a design under this Act gives the registered proprietor the exclusive right: (ii) for use for the purposes of a trade or business, or. ], Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73). (7) The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge. . (a) an individual habitually resident in a qualifying country, or. . 112.- Power of Commissioners of Customs and Excise to make regulations. . In Schedule 2, paragraph 12. . (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (1) Section 17 of the Patents Act 1977 (preliminary examination and search) is amended as follows. . . [1] A work can only be protected by copyright if it is one of: literary work, dramatic work, musical work, artistic work, movies, sound recordings, broadcasts, and text of published editions.[2]. (1) The right conferred by section 80 (right to object to derogatory treatment of work) is subject to the following exceptions. (6) In the case of a film, the right is infringed by a person who: (a) shows in public [F241or communicates to the public] a derogatory treatment of the film; or. (2) The provisions of Chapter VIII of Part I (general provisions relating to the Copyright Tribunal) apply in relation to the Tribunal when exercising any jurisdiction under [F584this Chapter]. . . (4) The regulations must provide for any licence not to give exclusive rights. . (c) makes a recording of the whole or any substantial part of a qualifying performance directly from a broadcast of, F460. performers property rights). . . 2011/2866), arts. .][F221. . (3) In section 237 as it applies by virtue of this paragraph, for the reference in subsection (1) to the last five years of the design right term there shall be substituted a reference to the last five years of the period of ten years referred to in sub-paragraph (1) above, or to so much of those last five years during which copyright subsists. . . (b) for and copyright substitute , copyright and design right . . In subsection (1) for the words from a fine not exceeding 50 substitute a fine not exceeding level 3 on the standard scale . (2) This section also applies where a person (E), knowingly and without authority, distributes, imports for distribution or communicates to the public copies of a copyright work from which electronic rights management information: (b) appearing in connection with the communication to the public of the work,has been removed or altered without authority and where E knows, or has reason to believe, that by so doing he is inducing, enabling, facilitating or concealing an infringement of copyright. state in which the work is included. . . . (b) the typographical arrangement of published editions,of a description which appears to the Secretary of State not to be covered by an existing licensing scheme or general licence and not to fall within the power conferred by section 137 (power to extend existing schemes and licences to similar works). Registered Designs Act 1949. (3) But it shall continue to be treated as a country to which this Part extends for the purposes of sections 154 to 156 (qualification for copyright protection) until: (a) an Order in Council is made in respect of that country under section 159 (application of this Part to countries to which it does not extend), or. (2) An Order in Council in force immediately before commencement which extends to any dependent territory any provisions of the 1956 Act shall remain in force as part of the law of that territory until: (b) in the case of the Isle of Man, the Order is revoked by Order under sub-paragraph (3) below; and while it remains in force such an Order may be varied under the provisions of the 1956 Act under which it was made. (1) A design which does not qualify for design right protection under section 218 or 219 (qualification by reference to designerF659 or employer) qualifies for design right protection if the first marketing of articles made to the design: (b) takes place in the United Kingdom, another country to which this Part extends by virtue of an Order under section 255, or another member State of the [F661European Union]. (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.]. Read about our approach to external linking. (2) Section 43 of the 1956 Act (false attribution of authorship) continues to apply in relation to acts done before commencement. (2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it. (2) If the application, not having been published under this Act, is published in accordance with the Treaty it shall be treated, for purposes other than those mentioned in subsection (3), as published under section 16 above when the conditions mentioned in section 89A(3)(a) are complied with. (4) Not more than 5% of a recording may be copied under this paragraph by or on behalf of an educational establishment in any period of 12 months. For this purpose a copy of the application includes a copy published in accordance with the Treaty in a language other than that in which it was originally filed. section 68(4) (copies made for purpose of broadcast F77 . . . . (2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows. . F10Words in s. 280(1) renumbered as s. 280(1)(a) (1.1.2010) by virtue of Legal Services Act 2007 (c. 29), ss. (b) works in which Crown copyright or Parliamentary copyright subsists, and. . (6) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale; and proceedings for such an offence may be begun at any time within a year from the date of the offence. 9), F5Words in s. 276(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. . . (1) The Lord Chancellor may, after consultation with the Lord Advocate, make rules for regulating proceedings before the Copyright Tribunal and, subject to the approval of the Treasury, as to the fees chargeable in respect of such proceedings. . 17.- Infringement of copyright by copying. . (b) the designation of the United Kingdom in the application is withdrawn or deemed to be withdrawn,but shall apply again if the rights of the applicant are re-established under the European Patent Convention, as from their re-establishment. . (d) sells or lets for hire, or offers or exposes for sale or hire,an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies. (3) Copyright of which an international organisation is first owner by virtue of this section continues to subsist until the end of the period of 50 years from the end of the calendar year in which the work was made or such longer period as may be specified by Her Majesty by Order in Council for the purpose of complying with the international obligations of the United Kingdom. (6) A person to whom an infringing article or other thing is delivered up in pursuance of an order under this section shall, if an order under section 231 is not made, retain it pending the making of an order, or the decision not to make an order, under that section. 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