INDEX to the COPYRIGHT DESIGNS AND PATENTS ACT 1988

as amended at 1/1/2005

PART I - COPYRIGHT

CHAPTER 1

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.
3A. Databases
4. Artistic works.
5. Sound recordings and films.
5A. Sound recordings
5B. Films
6. Broadcasts.
6A. Safeguards in relation to certain satellite 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.
13A. Duration of copyright in sound recordings
13B.Duration of copyright in films
14. Duration of copyright in broadcasts and cable programmes.
15. Duration of copyright in typographical arrangement of published editions.
15A. Meaning of country of origin

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.
18A. Infringement by rental or lending of work 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.
31A. Making a single accessible copy for personal use .
31B. Multiple copies for visually impaired persons
31C. Intermediate copies and records
31D. Licensing schemes
31E. Limitations, etc. following infringement of copyright
31F. Definitions and other supplementary provision for sections 31A to 31E

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.
36A. Lending of copies by educational establishments

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.
40A. Lending of copies by libraries or archives
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
50A. Back up copies
50B. Decompilation
50C. Other acts permitted to lawful users
50D. Acts permitted in relation to databases

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.
66A. Films: acts permitted on assumptions as to expiry of copyright, &c.
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.
73A. Royalty or other sum payable in pursuance of Section 73(4)
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
93A. Presumption of transfer of rental right in case of film production agreement
93B. Right to equitable remuneration where rental right transferred
93C. Equitable remuneration: reference of amount to Copyright Tribunal

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.
107A. Enforcement by local weights and measures authority
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 copie
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 scheme
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
135A. Circumstances in which right available
135B. Notice of intention to exercise right
135C. Conditions for exercise of right
135D. Applications to settle payments
135E. References etc. about conditions, information and other terms
135F. Application for review of order
135G. Factors to be taken into account
135H. Power to amend sections 135A to 135G

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.
144A. Collective exercise of certain rights in relation to cable re-transmission

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.
151A. Award of interest

Appeals.
152. Appeal to the court on point of law.

CHAPTER IX.

QUALIFICATION FOR AND EXTENT OF COPYRIGHT PROTECTION.

Qualification for copyright protection.
153. Qualification for copyright protection.
154. Qualification by reference to author.
155. Qualification by reference to country of first publication.
156. Qualification by reference to place of transmission.

Extent and application of this Part.
157. Countries to which this Part extends.
158. Countries ceasing to be colonies.
159. Application of this Part to countries to which it does not extend.
160. Denial of copyright protection to citizens of countries not giving adequate protection to British works.

Supplementary.
161. Territorial waters and the continental shelf.
162. British ships, aircraft and hovercraft.

CHAPTER X.

MISCELLANEOUS AND GENERAL.

Crown and Parliamentary copyright.
163. Crown copyright.
164. Copyright in Acts and Measures.
165. Parliamentary copyright.
166. Copyright in Parliamentary Bills.
167. Houses of Parliament: supplementary provisions with respect to copyright.

Other miscellaneous provisions.
168. Copyright vesting in certain international organisations.
169. Folklore, &c.: anonymous unpublished works.

Transitional provisions and savings.
170. Transitional provisions and savings.
171. Rights and privileges under other enactments or the common law.

Interpretation.
172. General provisions as to construction.
173. Construction of references to copyright owner.
174. Meaning of "educational establishment" and related expressions,.
175. Meaning of publication and commercial publication.
176. Requirement of signature: application in relation to body corporate.
177. Adaptation of expressions for Scotland.
178. Minor definitions.
179. Index of defined expressions,.

PART II - RIGHTS IN PERFORMANCES.

PART III - DESIGN RIGHT.

PART IV - REGISTERED DESIGNS.

PART V - PATENT AGENTS AND TRADE MARK AGENTS

PART VI - PATENTS

PART VII - MISCELLANEOUS AND GENERAL.

SCHEDULES:.

Schedule 1 - Copyright: transitional provisions and savings.
Schedule 2 - Rights in performances: permitted acts.
Schedule 2a - Licensing of performers' property rights.
Schedule 3 - Registered designs: minor and consequential amendments of 1949 Act.
Schedule 4 - The Registered Designs Act 1949 as amended.
Schedule 5 - Patents: miscellaneous amendments.
Schedule 6 - Provisions for the benefit of the Hospital for Sick Children.
Schedule 7 - Consequential amendments: general.
Schedule 8 - Repeals.