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extend the duration of copyright in sound recordings and of performers’ |
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rights; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Amendment of the Copyright, Designs and Patents Act 1988 |
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(1) | References in this Act to “commencement”, without more, are to the date on |
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which this Act comes into force. |
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“the 1988 Act” means the Copyright, Designs and Patents Act 1988 (c. 48); |
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“the 1988 provisions” means the provisions of that Act as on the day prior |
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to commencement and the savings and transitional provisions |
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contained in Part III of the Duration of Copyright and Rights in |
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Performances Regulations 1995 (S.I. 1995/3297), Part III of the |
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Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and |
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Part 3 of the Copyright and Related Rights Regulations 2003 (S.I. 2003/ |
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“the new provisions” means the provisions of that Act as amended by this |
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(3) | Expressions used in this Act which are defined for the purposes of Part I or Part |
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II of the 1988 Act, in particular references to the copyright owner, have the |
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same meaning as in those Parts. |
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2 | Extension of duration of copyright and performers’ rights |
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(1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
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(2) | In section 13A(2) (duration of copyright in sound recordings) substitute “95 |
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years” for “50 years” in paragraphs (a), (b) and (c). |
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(3) | In section 191 (duration of rights), for subsection (2) substitute— |
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“(2) | The rights conferred in relation to a performance expire at the |
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end of the period of 95 years from the end of the calendar year |
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in which the performance takes place or, if during that period a |
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recording of the performance is released, 95 years from the end |
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of the calendar year in which it is released, subject to |
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subsections (3) to (5) below.” |
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Copyright in sound recordings |
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3 | Duration of copyright in sound recordings: general saving |
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Copyright in an existing copyright work shall continue to subsist until the date |
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on which it would have expired under the 1988 provisions if that date is later |
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than the date on which copyright would expire under the new provisions. |
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4 | Copyright in sound recordings: interpretation |
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(1) | In the provisions of this Part relating to copyright— |
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(a) | “existing”, in relation to a sound recording, means made before |
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(b) | “existing copyright work” means a sound recording in which copyright |
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subsisted immediately before commencement. |
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(2) | For the purposes of those provisions a sound recording of which the making |
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extended over a period shall be taken to have been made when its making was |
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5 | Duration of copyright in sound recordings: application of new provisions |
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The new provisions relating to duration of copyright in sound recordings |
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(a) | to copyright works made after commencement, |
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(b) | to existing sound recordings which first qualify for copyright |
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protection after commencement, and |
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(c) | to existing copyright works, subject to section 4, |
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and nothing in this Act shall operate to revive copyright in an existing sound |
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recording in which the copyright has at the date of commencement expired |
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under the 1988 provisions or any earlier enactment relating to copyright. |
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6 | Extended copyright: meaning |
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In the following provisions of this Act, “extended copyright” means any |
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copyright which subsists by virtue of the new provisions after the date on |
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which it would have expired under the 1988 provisions. |
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7 | Ownership of extended copyright in sound recordings |
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(1) | The person who is the owner of the copyright in a sound recording |
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immediately before commencement is as from commencement the owner of |
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any extended copyright in that sound recording, subject as follows. |
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(2) | If he is entitled to copyright for a period of less than the whole of the copyright |
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period under the 1988 provisions, any extended copyright is part of the |
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reversionary interest expectant on the termination of that period. |
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8 | Prospective ownership of extended copyright in sound recordings |
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(1) | Where by an agreement made before commencement in relation to extended |
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copyright in a sound recording, and signed by or on behalf of the prospective |
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owner of the copyright, the prospective owner purports to assign the extended |
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copyright (wholly or partially) to another person, then, if on commencement |
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the assignee or another person claiming under him would be entitled as |
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against all other persons to require the copyright to be vested in him, the |
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copyright shall vest in the assignee or his successor in title by virtue of this |
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(2) | A licence granted by a prospective owner of extended copyright in a sound |
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recording is binding on every successor in title to his interest (or prospective |
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interest) in the right, except a purchaser in good faith for valuable |
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consideration and without notice (actual or constructive) of the licence or a |
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person deriving title from such a purchaser and references in Part I of the 1988 |
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Act to doing anything with, or without, the licence of the copyright owner shall |
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be construed accordingly. |
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(3) | In subsection (2) “prospective owner” includes a person who is prospectively |
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entitled to extended copyright by virtue of such an agreement as is mentioned |
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9 | Extended copyright in sound recordings: existing licences, agreement etc. |
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(1) | Any copyright licence or any term or condition of any agreement relating to the |
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exploitation of a copyright work which— |
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(a) | subsists immediately before commencement in relation to an existing |
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(b) | is not to expire before the end of the copyright period under the 1988 |
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| shall continue to have effect during the period of any extended copyright, |
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subject to any agreement to the contrary. |
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(2) | Any copyright licence, or term or condition of any agreement relating to the |
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exploitation of a copyright work, imposed by order of the Copyright Tribunal |
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(a) | subsists immediately before commencement in relation to an existing |
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(b) | is not to expire before the end of the copyright period under the 1988 |
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| shall continue to have effect during the period of any extended copyright, |
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subject to any further order of the Tribunal. |
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10 | Performers’ rights: interpretation |
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(1) | In the provisions of this Part relating to performers’ rights— |
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(a) | “existing”, in relation to a performance, means given before |
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(b) | “existing protected performance” means a performance in relation to |
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which performers’ rights under Part II of the 1988 Act subsisted |
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immediately before commencement. |
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(2) | References in this Part to performers’ rights are to— |
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(a) | the economic rights referred to in section 180(1)(a) and conferred by |
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sections 181 to 184 of the 1988 Act, and |
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(b) | the moral rights referred to in section 180(1A) and conferred by sections |
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205C and 205F of the 1988 Act. |
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(3) | References in this Part to a performer's property rights are to— |
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(a) | those rights referred to in section 191A(1) of the 1988 Act, and |
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(b) | for the purposes of this Part to the right conferred by section 182D of |
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(4) | References in this Part to a performer’s non-property rights are to those rights |
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referred to in section 192A(1) of the 1988 Act. |
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11 | Duration of performers’ rights: general saving |
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Any performers’ rights under Part II of the 1988 Act in an existing protected |
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performance shall continue to subsist until the date on which they would have |
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expired under the 1988 provisions if that date is later than the date on which |
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the rights would expire under the new provisions. |
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12 | Duration of performers’ rights: application of new provisions |
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The new provisions relating to the duration of performers’ rights under Part II |
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(a) | to performances taking place after commencement, |
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(b) | to existing performances which first qualify for protection under Part II |
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of the 1988 Act after commencement, and |
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(c) | to existing protected performances, subject to section 11, |
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and nothing in this Act shall operate to revive any performers’ rights in an |
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existing performance in which the performers’ rights have at the date of |
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commencement expired under the 1988 provisions or any earlier enactment |
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relating to the protection of performers. |
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13 | Extended performers’ rights: meaning |
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In the following provisions of this Part “extended performers’ rights” means |
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performers’ rights under Part II of the 1988 Act which subsist by virtue of the |
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new provisions after the date on which they would have expired under the |
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