CHAPTER I
SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT
Introductory
Copyright and copyright works
Copyright is a property right which subsists in accordance with this Part in the following descriptions of work –
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films or broadcasts [---]1, and
(c) the typographical arrangement of published editions.
In this Part "copyright work" means a work of any of those descriptions in which copyright subsists.
Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).
Rights subsisting in copyright works
The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.
In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright –
(a) section 77 (right to be identified as author or director),
(b) section 80 (right to object to derogatory treatment of work), and
(c) section 85 (right to privacy of certain photographs and films).
PART I COPYRIGHT
1 Original reference to ―cable programmes‖ as a further form of copyright works deleted by SI 2003/2498.
20
3
(1)
Descriptions of work and related provisions
Literary, dramatic and musical works
2 In this Part –
"literary work" means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes –
(a) a table or compilation other than a database,
(b) a computer program,
(c) preparatory design material for a computer program, and
(d) a database;
"dramatic work" includes a work of dance or mime; and
"musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.
Databases
In this Part ―database‖ means a collection of independent works, data or other materials which –
(a) are arranged in a systematic or methodical way, and
(b) are individually accessible by electronic or other means.
For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author‘s own intellectual creation.
Artistic works
In this Part "artistic work" means –
(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b) a work of architecture being a building or a model for a building, or
(2)
(3)
3A3
(1)
(2)
4
(1)
2 s3(1)(c) inserted by SI 1992/3233. s.3(1)(d), and words ―other than a database‖ in s.3(1)(a), added by SI 1997/3032.
3 Inserted by SI 1997/3032.
21 (2)
(c) a work of artistic craftsmanship. In this Part –
"building" includes any fixed structure, and a part of a building or fixed structure;
"graphic work" includes –
(a) any painting, drawing, diagram, map, chart or plan, and
(b) any engraving, etching, lithograph, woodcut or similar work;
"photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
"sculpture" includes a cast or model made for purposes of sculpture.
Sound recordings
In this Part ―sound recording‖ means –
(a) a recording of sounds, from which the sounds may be reproduced, or
(b) a recording of the whole or any part of a literary, dramatic or musical
work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.
Films
In this Part ―film‖ means a recording on any medium from which a moving image may by any means be produced.
The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.
Without prejudice to the generality of subsection (2), where that subsection applies –
(a) references in this Part to showing a film include playing the film sound track to accompany the film,
(b) references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,
5A4 (1)
(2)
5B
(1) (2) (3)
4 Original s.5 replaced by ss.5A & 5B, SI 1995/3297.
22
(4)
(5)
65 (1)
(c) references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and
(d) references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.
Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.
Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.
Broadcasts
In this Part a "broadcast" means 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,
and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.
(1A) Excepted from the definition of "broadcast" is any internet transmission unless it is –
(a) a transmission taking place simultaneously on the internet and by other means,
(b) a concurrent transmission of a live event, or
(c) a transmission of recorded moving images or sounds forming part of
a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.
(2) An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(3) References in this Part to the person making a broadcast or a transmission which is a broadcast are –
5 Revised s.6(1) substituted, and s.6(1A) added, by SI 2003/2498. Words ―or a transmission which is a broadcast‖ substituted in s.6(3) by SI 2003/2498 (replacing original wording ―, broadcasting a work or including a work in a broadcast‖). Revised s.6(4) substituted, and s.6(4A) inserted, by SI 1996/2967, and word ―wireless‖ added in s.6(4) by SI 2003/2498. s.6(5A) added, and words ―or in a cable programme‖ deleted from s.6(6), by SI 2003/2498.

23
(a) to the person transmitting the programme, if he has responsibility to any extent for its contents, and
(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;
and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.
(4) For the purposes of this Part, the place from which a wireless broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).
(4A) Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).
(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.
(5A) The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.
(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast [---].
6A6 Safeguards in case of certain satellite broadcasts
(1) This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than an EEA State and the law of that country fails to provide at least the following level of protection –
(a) exclusive rights in relation to wireless broadcasting equivalent to those conferred by section 20 (infringement by communication to the public) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b) a right in relation to live wireless broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and
(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the wireless broadcasting of sound recordings.
(2) Where the place from which the programme-carrying signals are transmitted to
CHAPTER I
SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT
Introductory
Copyright and copyright works
Copyright is a property right which subsists in accordance with this Part in the following descriptions of work –
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films or broadcasts [---]1, and
(c) the typographical arrangement of published editions.
In this Part "copyright work" means a work of any of those descriptions in which copyright subsists.
Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).
Rights subsisting in copyright works
The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.
In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright –
(a) section 77 (right to be identified as author or director),
(b) section 80 (right to object to derogatory treatment of work), and
(c) section 85 (right to privacy of certain photographs and films).
PART I COPYRIGHT
1 Original reference to ―cable programmes‖ as a further form of copyright works deleted by SI 2003/2498.
20
3
(1)
Descriptions of work and related provisions
Literary, dramatic and musical works
2 In this Part –
"literary work" means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes –
(a) a table or compilation other than a database,
(b) a computer program,
(c) preparatory design material for a computer program, and
(d) a database;
"dramatic work" includes a work of dance or mime; and
"musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.
Databases
In this Part ―database‖ means a collection of independent works, data or other materials which –
(a) are arranged in a systematic or methodical way, and
(b) are individually accessible by electronic or other means.
For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author‘s own intellectual creation.
Artistic works
In this Part "artistic work" means –
(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b) a work of architecture being a building or a model for a building, or
(2)
(3)
3A3
(1)
(2)
4
(1)
2 s3(1)(c) inserted by SI 1992/3233. s.3(1)(d), and words ―other than a database‖ in s.3(1)(a), added by SI 1997/3032.
3 Inserted by SI 1997/3032.
21 (2)
(c) a work of artistic craftsmanship. In this Part –
"building" includes any fixed structure, and a part of a building or fixed structure;
"graphic work" includes –
(a) any painting, drawing, diagram, map, chart or plan, and
(b) any engraving, etching, lithograph, woodcut or similar work;
"photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
"sculpture" includes a cast or model made for purposes of sculpture.
Sound recordings
In this Part ―sound recording‖ means –
(a) a recording of sounds, from which the sounds may be reproduced, or
(b) a recording of the whole or any part of a literary, dramatic or musical
work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.
Films
In this Part ―film‖ means a recording on any medium from which a moving image may by any means be produced.
The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.
Without prejudice to the generality of subsection (2), where that subsection applies –
(a) references in this Part to showing a film include playing the film sound track to accompany the film,
(b) references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,
5A4 (1)
(2)
5B
(1) (2) (3)
4 Original s.5 replaced by ss.5A & 5B, SI 1995/3297.
22
(4)
(5)
65 (1)
(c) references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and
(d) references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.
Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.
Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.
Broadcasts
In this Part a "broadcast" means 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,
and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly.
(1A) Excepted from the definition of "broadcast" is any internet transmission unless it is –
(a) a transmission taking place simultaneously on the internet and by other means,
(b) a concurrent transmission of a live event, or
(c) a transmission of recorded moving images or sounds forming part of
a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.
(2) An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(3) References in this Part to the person making a broadcast or a transmission which is a broadcast are –
5 Revised s.6(1) substituted, and s.6(1A) added, by SI 2003/2498. Words ―or a transmission which is a broadcast‖ substituted in s.6(3) by SI 2003/2498 (replacing original wording ―, broadcasting a work or including a work in a broadcast‖). Revised s.6(4) substituted, and s.6(4A) inserted, by SI 1996/2967, and word ―wireless‖ added in s.6(4) by SI 2003/2498. s.6(5A) added, and words ―or in a cable programme‖ deleted from s.6(6), by SI 2003/2498.

23
(a) to the person transmitting the programme, if he has responsibility to any extent for its contents, and
(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;
and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.
(4) For the purposes of this Part, the place from which a wireless broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).
(4A) Subsections (3) and (4) have effect subject to section 6A (safeguards in case of certain satellite broadcasts).
(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.
(5A) The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.
(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast [---].
6A6 Safeguards in case of certain satellite broadcasts
(1) This section applies where the place from which a broadcast by way of satellite transmission is made is located in a country other than an EEA State and the law of that country fails to provide at least the following level of protection –
(a) exclusive rights in relation to wireless broadcasting equivalent to those conferred by section 20 (infringement by communication to the public) on the authors of literary, dramatic, musical and artistic works, films and broadcasts;
(b) a right in relation to live wireless broadcasting equivalent to that conferred on a performer by section 182(1)(b) (consent required for live broadcast of performance); and
(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the wireless broadcasting of sound recordings.
(2) Where the place from which the programme-carrying signals are transmitted to
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