Copyright and Related Rights Regulations 2003

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Copyright and Related Rights Regulations 2003
Statutory Instrument
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Citation SI 2003/2498
Dates
Made27 September 2003
Laid before Parliament3 October 2003
Commencement 31 October 2003
Other legislation
Amends Copyright, Designs and Patents Act 1988
Made under European Communities Act 1972, s. 2(2)
Transposes Information Society Directive (2001/29/EC)
Status: Current legislation
Text of the Copyright and Related Rights Regulations 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Copyright and Related Rights Regulations 2003 transpose the Information Society Directive "(Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society)", (known popularly at the time as the EU copyright directive), into United Kingdom law. As such, its main effects are to modify the Copyright, Designs and Patents Act 1988 c. 48 ("the 1988 Act") with minor consequential modifications to other Acts and secondary legislation.

Contents

The regulations modify the concept of broadcast and broadcasting to take account of development in the internet; restrict the acts which are permitted without infringing copyright (in particular acts which could be performed commercially); and provide new measures for the protection and enforcement of copyright and performers' rights.

Only two EU Member States met the 22 December 2002 deadline for implement, the UK implemented the directive in 2003 but in November 2004 was convicted for non-implementation of the directive in the territory of Gibraltar. [1]

Broadcasts

Regulation 4 provides a new definition of "broadcast" in section 6 of the 1988 Act as

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,

Internet transmissions are excepted from the definition of a broadcast unless they are transmitted simultaneously with a broadcast by other means, simultaneously with a live event or form part of a service in which programmes are transmitted at specific times determined solely by the person providing the service.

The new definition covers the old definitions of broadcast and of "cable programme" (s. 7 of the 1988 Act). However the separate definition of cable programme is kept as there is a distinction in the dates at which copyright becomes available: 1995-01-01 for cable programmes as opposed to 1956-06-01 for broadcasts under the previous definition.

Communication to the public

The previous "infringement by broadcasting or inclusion in a cable programme" (s. 20 of the 1988 Act) is replaced by a new "infringement by communication to the public" (reg. 6). This includes both broadcasting (under the new definition) and making a work available to the public by electronic transmission. A performer's rights are also infringed if his performance is made available to the public without his consent (reg; 7; new s. 182CA of the 1988 Act).

Neither copyright (except in a computer program or a database) nor performer's rights are infringed by the simple act of transmitting the work between third parties over a network, even if the process of transmission involves making temporary copies (reg. 8)

The existing fair dealing for the purposes of research or private study (s. 29 of the 1988 Act) was limited so that it is only permitted for a non-commercial purpose (reg. 9). A similar restriction was imposed on permitted copying by librarians (ss. 38, 39, 43 of the 1988 Act; reg. 14) or archivists of folksongs (s. 61 of the 1988 Act; reg. 16) for third parties. The observation or study of the functioning of a computer program was removed from the remit of fair dealing (reg. 9) and replaced by a statutory permission to study the functioning of the program while legally performing any of the acts of loading, displaying, running, transmitting or storing the program (reg. 15; new s. 50BA of the 1988 Act). It was clarified that fair dealing for the purposes of criticism, review or news reporting is only allowed for published works (reg. 10).

The permitted use without a licence of copyright material for educational use (ss. 32, 35, 36 of the 1988 Act) was restricted to non-commercial purposes (regs. 11–13). Regulation 18 removes the permission to use third parties (e.g. outside DJs) to play sound recordings for the purposes of a non-commercial club or society (s. 67 of the 1988 Act). The exception for public showing or playing of broadcasts of music (s. 72 of the 1988 Act) was also permitted, and the Secretary of State was enabled to propose a licensing scheme covering such public showing or playing, which may be compulsory (reg. 21).

Technical measures

New s. 296 of the 1988 Act created new rights in respect of copyright works to which copy protection measures have been applied. This right is held concurrently by:

The right is infringed:

The new section 296ZB established the criminal offenses of:

The new section 296ZC allows the use of search warrants and forfeiture with respect to these offenses. The new section 296ZE created a remedy via complaint to the Secretary of State if a technical device or measure prevents a person or group of people from carrying out a permitted act with relation to the work. The Secretary of State may issue a direction to the owner of the copyright to take such measures as are necessary to enable the permitted act to be carried out. The breach of such a direction is actionable as a breach of statutory duty.

Rights management information

New s. 296ZG of the 1988 Act created new rights in respect of electronic rights management information metadata. The right is infringed by:

The infringement of copyright or performer's rights by making a work available to the public in the course of a business or to an extent which prejudicially affects the copyright owner becomes a criminal offense (reg. 26; new s. 107(2A) of the 1988 Act).

A copyright holder may obtain an injunction (Scots law: interdict) against an Internet service provider (ISP) who has "actual knowledge" of another person using their service to infringe copyright or a performer's right. In determining whether the ISP has actual knowledge of the infringing use, the High Court (or Court of Session in Scotland) shall take into account all matters which appear to be relevant, in particular whether the ISP has received notification under regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 No. 2013 (reg. 27; new ss. 97A, 191JA of the 1988 Act).

Regulation 28 extended the right to bring action for infringement of copyright to non-exclusive licensees (it was previously limited to copyright owners and exclusive licensees) when the infringement is directly connected to a prior licensed act by the licensee and the licence expressly grants a right of action (new s. 101A of the 1998 Act). The non-exclusive licensee shall have the same rights and remedies as the copyright owner would have in any action. The right of the non-exclusive licensee to bring action is concomitant with that of the copyright owner.

Duration of protection

Regulation 29 amends section 13A of the 1988 Act to take account of the new definition of "communication to the public" so that the copyright in sound recordings expires:

See also

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<span class="mw-page-title-main">Copyright Act (Ghana)</span>

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References

  1. "Implementation of the directive 2001/29/EC of the European Parliament and the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the Information Society". Association of European Performers’ Organisations. Archived from the original on 4 November 2012. Retrieved 9 September 2012.