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