Copyright Designs and Patents Act 1988

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1988 c. 48

Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Copyright, Designs and Patents Act 1988 (c. 48), ISBN 0105448885.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 Chapter c. 48

ARRANGEMENT OF SECTIONS

Part I
Copyright
Chapter I
Subsistence, Ownership and Duration of Copyright
Introductory
1.	Copyright and copyright works.
2.	Rights subsisting in copyright works.

Descriptions of work and related provisions
3.	Literary, dramatic and musical works.
4.	Artistic works.
5.	Sound recordings and films.
6.	Broadcasts.
7.	Cable programmes.
8.	Published editions.

Authorship and ownership of copyright
9.	Authorship of work.
10.	Works of joint authorship.
11.	First ownership of copyright.

Duration of copyright
12.	Duration of copyright in literary, dramatic, musical or artistic works.
13.	Duration of copyright in sound recordings and films.
14.	Duration of copyright in broadcasts and cable programmes.
15.	Duration of copyright in typographical arrangement of published editions.

Chapter II
Rights of Copyright Owner
16.	The acts restricted by copyright in a work.
17.	Infringement of copyright by copying.
18.	Infringement by issue of copies to the public.
19.	Infringement by performance, showing or playing of work in public.
20.	Infringement by broadcasting or inclusion in a cable programme service.
21.	Infringement by making adaptation or act done in relation to adaptation.

Secondary infringement of copyright
22.	Secondary infringement: importing infringing copy.
23.	Secondary infringement: possessing or dealing with infringing copy.
24.	Secondary infringement: providing means for making infringing copies.
25.	Secondary infringement: permitting use of premises for infringing performance.
26.	Secondary infringement: provision of apparatus for infringing performance, &c.

Infringing copies
27.	Meaning of "infringing copy".

Chapter III
Acts Permitted in Relation to Copyright Works
Introductory
28.	Introductory provisions.

General
29.	Research and private study.
30.	Criticism, review and news reporting.
31.	Incidental inclusion of copyright material.

Education
32.	Things done for purposes of instruction or examination.
33.	Anthologies for educational use.
34.	Performing, playing or showing work in course of activities of educational establishment.
35.	Recording by educational establishments of broadcasts and cable programmes.
36.	Reprographic copying by educational establishments of passages from published works.

Libraries and archives
37.	Libraries and archives: introductory.
38.	Copying by librarians: articles in periodicals.
39.	Copying by librarians: parts of published works.
40.	Restriction on production of multiple copies of the same material.
41.	Copying by librarians: supply of copies to other libraries.
42.	Copying by librarians or archivists: replacement copies of works.
43.	Copying by librarians or archivists: certain unpublished works.
44.	Copy of work required to be made as condition of export.

Public administration
45.	Parliamentary and judicial proceedings.
46.	Royal Commissions and statutory inquiries.
47.	Material open to public inspection or on official register.
48.	Material communicated to the Crown in the course of public business.
49.	Public records.
50.	Acts done under statutory authority.

Designs
51.	Design documents and models.
52.	Effect of exploitation of design derived from artistic work.
53.	Things done in reliance on registration of design.

Typefaces
54.	Use of typeface in ordinary course of printing.
55.	Articles for producing material in particular typeface.

Works in electronic form
56.	Transfers of copies of works in electronic form.

Miscellaneous: literary, dramatic, musical and artistic works
57.	Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
58.	Use of notes or recordings of spoken words in certain cases.
59.	Public reading or recitation.
60.	Abstracts of scientific or technical articles.
61.	Recordings of folksongs.
62.	Representation of certain artistic works on public display.
63.	Advertisement of sale of artistic work.
64.	Making of subsequent works by same artist.
65.	Reconstruction of buildings.

Miscellaneous: sound recordings, films and computer programs
66.	Rental of sound recordings, films and computer programs.
67.	Playing of sound recordings for purposes of club, society, &c.

Miscellaneous: broadcasts and cable programmes
68.	Incidental recording for purposes of broadcast or cable programme.
69.	Recording for purposes of supervision and control of broadcasts and cable programmes.
70.	Recording for purposes of time-shifting.
71.	Photographs of television broadcasts or cable programmes.
72.	Free public showing or playing of broadcast or cable programme.
73.	Reception and re-transmission of broadcast in cable programme service.
74.	Provision of sub-titled copies of broadcast or cable programme.
75.	Recording for archival purposes.

Adaptations
76.	Adaptations.

Chapter IV
Moral rights
Right to be identified as author or director
77.	Right to be identified as author or director.
78.	Requirement that right be asserted.
79.	Exceptions to right.

Right to object to derogatory treatment of work
80.	Right to object to derogatory treatment of work.
81.	Exceptions to right.
82.	Qualification of right in certain cases.
83.	Infringement of right by possessing or dealing with infringing article.

False attribution of work
84.	False attribution of work.

Right to privacy of certain photographs and films
85.	Right to privacy of certain photographs and films.

Supplementary
86.	Duration of rights.
87.	Consent and waiver of rights.
88.	Application of provisions to joint works.
89.	Application of provisions to parts of works.

Chapter V
Dealings With Rights in Copyright Works
Copyright
90.	Assignment and licences.
91.	Prospective ownership of copyright.
92.	Exclusive licences.
93.	Copyright to pass under will with unpublished work.

Moral rights
94.	Moral rights not assignable.
95.	Transmission of moral rights on death.

Chapter VI
Remedies for Infringement
Rights and remedies of copyright owner
96.	Infringement actionable by copyright owner.
97.	Provisions as to damages in infringement action.
98.	Undertaking to take licence of right in infringement proceedings.
99.	Order for delivery up.
100.	Right to seize infringing copies and other articles.

Rights and remedies of exclusive licensee
101.	Rights and remedies for exclusive licensee.
102.	Exercise of concurrent rights.

Remedies for infringement of moral rights
103.	Remedies for infringement of moral rights.

Presumptions
104.	Presumptions relevant to literary, dramatic, musical and artistic works.
105.	Presumptions relevant to sound recordings, films and computer programs.
106.	Presumptions relevant to works subject to Crown copyright.

Offences
107.	Criminal liability for making or dealing with infringing articles, &c.
108.	Order for delivery up in criminal proceedings.
109.	Search warrants.
110.	Offence by body corporate: liability of officers.

Provision for preventing importation of infringing copies
111.	Infringing copies may be treated as prohibited goods.
112.	Power of Commissioners of Customs and Excise to make regulations.

Supplementary
113.	Period after which remedy of delivery up not available.
114.	Order as to disposal of infringing copy or other article.
115.	Jurisdiction of county court and sheriff court.

Chapter VII
Copyright Licensing
Licensing schemes and licensing bodies
116.	Licensing schemes and licensing bodies.

References and applications with respect to licensing schemes
117.	Licensing schemes to which ss. 118 to 123 apply.
118.	Reference of proposed licensing scheme to tribunal.
119.	Reference of licensing scheme to tribunal.
120.	Further reference of scheme to tribunal.
121.	Application for grant of licence in connection with licensing scheme.
122.	Application for review of order as to entitlement to licence.
123.	Effect of order of tribunal as to licensing scheme.

References and applications with respect to licensing by licensing bodies
124.	Licences to which ss. 125 to 128 apply.
125.	Reference to tribunal of proposed licence.
126.	Reference to tribunal of expiring licence.
127.	Application for review of order as to licence.
128.	Effect of order of tribunal as to licence.

Factors to be taken into account in certain classes of case
129.	General considerations: unreasonable discrimination.
130.	Licences for reprographic copying.
131.	Licences for educational establishments in respect of works included in broadcasts or cable programmes.
132.	Licences to reflect conditions imposed by promoters of events.
133.	Licences to reflect payments in respect of underlying rights.
134.	Licences in respect of works included in re-transmissions.
135.	Mention of specific matters not to exclude other relevant considerations.

Implied indemnity in schemes or licences for reprographic copying
136.	Implied indemnity in certain schemes and licences for reprographic copying.

Reprographic copying by educational establishments
137.	Power to extend coverage of scheme or licence.
138.	Variation or discharge of order extending scheme or licence.
139.	Appeals against orders.
140.	Inquiry whether new scheme or general licence required.
141.	Statutory licence where recommendation not implemented.

Royalty or other sum payable for rental of certain works
142.	Royalty or other sum payable for rental of sound recording, film or computer program.

Certification of licensing schemes
143.	Certification of licensing schemes.

Powers exercisable in consequence of competition report
144.	Powers exercisable in consequence of report of Monopolies and Mergers Commission.

Chapter VIII
The Copyright Tribunal
The tribunal
145.	The Copyright Tribunal.
146.	Membership of the tribunal.
147.	Financial provisions.
148.	Constitution for purposes of proceedings.

Jurisdiction and procedure
149.	Jurisdiction of the tribunal.
150.	General power to make rules.
151.	Costs, proof of orders, &c.

Appeals
152.

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