ABSTRACT
Regulations amending the Act are referred to below by the year of issue. These are:
1989 Design right (semiconductor topographies) Regulations 1992 Copyright (computer programs) Regulations 1995 Duration of copyright and rights in performances Regulations 1996 Copyright and related rights Regulations 1997 Copyright and rights in databases Regulations
Section 1 defines copyright and lists the material affected Section 3 defines literary, dramatic and musical works: amendments add
preparatory design material for a computer program, 1992 Regulations, and databases, 1997 Regulations
Section 3A is added by the 1997 Regulations: it defines a database Section 4 defines artistic works Section 5 defining sound recordings and films is replaced by ss. 5A and 5B, 1995
Regulations, expanding the definitions Section 6 defines broadcasts: it is amended in respect of satellite broadcasts by
the 1996 Regulations, which also add Section 6A relating to the place from which a satellite broadcast is deemed to be
made Section 7 defines cable programmes Section 8 defines a published edition Section 9 defines an author; important amendments to the authorship of sound
recordings and films are made by the 1996 Regulations Section 10 concerns joint ownership, with an amendment in respect of films, 1996
Regulations Section 11 on first ownership of copyright includes the position of employees'
works Sections 12 to 15 deal with the duration of copyright and are amended in accord
with the 1995 Regulations, extending copyright in most works to 70 years pma, and also substituting ss. 13A and 13B for the original s. 13; s. 13A makes important changes to the duration in respect of films
Section 15A, added by the same regulations, defines the country of origin
Section 16 lists the acts restricted to the copyright owner, and these are detailed in subsequent sections, copying (s. 17), issuing to the public (s. 18), rental or lending (s. 18A added by the 1996 Regulations), performance or showing in public (s. 19), broadcasting (s.20), and adaptation (s.21)
Sections 22 to 26 deal with secondary infringement, and Section 27 defines an infringing copy
This Chapter deals at length with exceptions to the copyright owner's exclusive rights; research and private study is dealt with in s. 29, with an important amendment excluding commercial research in a database added by the 1997 Regulations
Sections 32 to 36A are applicable to educational establishments Section 36A, added by the 1996 Regulations, allows lending by an educational
establishment Sections 37 to 44 cover the library and archive exemptions Section 40A was added by the 1996 Regulations and applies to lending of
copyright works by a library or archive Sections 45 to 50, headed Public administration, deals with exemptions for
Parliamentary and judicial proceedings, and related areas, also (s. 50) acts done under statutory authority
Sections 50A to 50D were added by the 1992 Regulations and provide certain exemptions relating to computer programs, and (s. 50D) databases
Sections 51 to 56 provide exemptions in respect of designs, typefaces (ordinary use for printing is not infringement, s. 54) and works in electronic form
Sections 57 to 65 cover acts permitted after the presumed death of an anonymous author (s. 57), use of records of spoken words (s. 58), public recitation (s. 59), abstracts (s. 60), folksongs (s. 61), and certain other matters
Section 66 (relating to public lending) was amended and 66A (acts done after presumed expiry of copyright in films) was added, by the 1996 and 1995 Regulations respectively
Section 67 permits use of a sound recording by a club under certain conditions Sections 68 to 75 permit certain acts with broadcasts and cable programmes; note
particularly s. 70 allowing recordings of a broadcast or cable programme for time-shifting
Section 73 was amended, and 73A added, by the Broadcasting Act 1996; they relate to re-transmission of broadcasts and resulting royalties
This Chapter introduces moral rights, an innovation of the CDPA, although long known on the continent; see also ss. 94 and 95
This Chapter deals with the transfer of copyright; ss. 93A to 93C, added by the 1996 Regulations, deal with transfer of rental right in respect of a film and resulting remuneration
Sections 94 and 95 cover assignability of moral rights (not assignable) and their transmission after death
Sections 96 to 106 deal with civil remedies, and Sections 107 to 110 with offences
Sections 116 to 135 deal with licensing schemes run by licensing bodies and applications to the Copyright Tribunal; these are followed in
Sections 136 to 144A by other provisions relating to licensing; s. 144A was added by the 1996 Regulations
Sections 117 and 124 are explanatory and were substituted for the original sections by the 1996 Regulations
Sections 135A to H were added by the Broadcasting Act 1990 and refer to use as of right of sound recordings in broadcasts and cable services
Section 142 was added by the 1996 Regulations and deals with applications to the Copyright Tribunal to settle certain royalties
Section 143 (certification of licensing schemes) was amended, and s. 144A (compulsory collective administration of certain rights) added, by the 1996 Regulations
The Copyright Tribunal replaces the former Performing Right Tribunal with jurisdiction now extended to hear proceedings relating mainly to licensing of copyright: its jurisdiction is listed in s. 149 (as amended by the Broadcasting Act 1990 and the 1996 Regulations)
Section 154 Qualification by author
Chapter X, ss. 163 to 176: Miscellaneous and General
PART II, SS. 180 TO 212: RIGHTS IN PERFORMANCES
Design Right (unregistered) is an innovation in the CDPA and must be distinguished from the right in a Registered Design covered in the Registered Designs Act 1949; this P&rt must be read alongside the 1989 Regulations which introduce modifications where semiconductor topographies are concerned
Section 253 gives a remedy for groundless threats of infringement proceedings analogous to that in the Patents Act 1977
Sections 263 and 264 Definitions
This Part introduces some amendments to the Registered Designs Act 1949: some further amendments are in Schedule 3 and the full amended text of the Act may be found in Schedule 4
Miscellaneous provisions relating to patent and trade mark professionals
Sections 287 to 292 deal with the new Patents County Court
Section 296, amended by the 1989 Regulations, gives a copyright owner rights against anyone who provides or offers a device, or publishes information, designed to circumvent copy protection
Section 297 makes it an offence fraudulently to receive broadcasts or cable programmes
Section 297A Supplying or advertising unauthorized decoders for encrypted transmissions is an offence; added by the Broadcasting Act 1990
Section 301 Provides royalties for the Great Ormond Street Hospital for Sick Children, from performance or publication of the play Peter Pan
SCHEDULE 1 Copyright: transitional provisions
SCHEDULE 2 Rights in performances: permitted acts
SCHEDULE 2A Licensing of performers' property rights
SCHEDULE 3 Minor amendments of the 1949 Act
SCHEDULE 4 The Registered Designs Act 1949 as amended
SCHEDULE 5 Patents: miscellaneous amendments to the Patents Act 1977
SCHEDULE 6 Provisions for the benefit of the Hospital for Sick Children: Interpretation
SCHEDULE 7 Consequential amendments to other statutes
SCHEDULE 8 Repeals of other statutes in part or in whole