|
| |
|
section 116) in respect of works in which copyright is not owned by the |
| |
body or a person on whose behalf the body acts. |
| |
(2) | The regulations may not authorise the grant of a licence— |
| |
(a) | in respect of an unpublished work, unless it is a broadcast or a |
| |
work included in a broadast, or |
| 5 |
(b) | in respect of rights excluded by notice given by the copyright |
| |
owner in accordance with the regulations. |
| |
(3) | Subsections (2) to (5) of section 116A apply to regulations under this |
| |
section (but subsections (3)(b) and (c) and (4) apply only in relation to |
| |
| 10 |
116C | Orphan works: supplementary |
| |
(1) | A work is an orphan work, for the purposes of an authorisation given |
| |
or to be given to a person (an “authorised person”) under section 116A |
| |
or 116B, if any interest in copyright in the work is entered in a register |
| |
maintained for the purposes of this section by that person (an “orphan |
| 15 |
| |
(2) | An authorisation in respect of an orphan work does not affect the need |
| |
| |
(a) | from the owner of an interest not entered in the authorised |
| |
person’s orphan works register (except in the case of an |
| 20 |
authorisation under section 116B that extends to other |
| |
| |
(b) | from the owner of an interest that is entered in that register, if |
| |
the authorisation does not apply to that interest. |
| |
(3) | An authorised person must not enter an interest in an orphan works |
| 25 |
register unless the authorised person— |
| |
(a) | has complied with the requirements of subsection (8) in respect |
| |
of that interest and has not found the owner of the interest, or |
| |
(b) | has reasonable grounds for believing that another person has |
| |
complied with those requirements in respect of that interest and |
| 30 |
that the owner of that interest has not been found. |
| |
(4) | An entry in an orphan works register relating to an interest in copyright |
| |
must include the record kept in accordance with subsection (8)(c). |
| |
(5) | If an authorised person finds the owner of an interest entered in that |
| |
authorised person’s orphan works register, the authorised person must |
| 35 |
| |
(6) | If in relation to an interest entered in an authorised person’s orphan |
| |
works register, the authorised person— |
| |
(a) | is aware that the requirements of subsection (8) were not |
| |
| 40 |
(b) | is aware of information that makes it no longer reasonable to |
| |
rely on what was done in compliance with those requirements, |
| |
| the authorised person must comply as soon as possible with the |
| |
requirements of subsection (8) or remove the entry. |
| |
(7) | A failure by an authorised person to comply with any of subsections (3) |
| 45 |
to (6) in relation to an interest to which an authorisation applies— |
| |
|
| |
|
| |
|
(a) | does not affect the authorisation in relation to that interest, |
| |
except so far as regulations may provide, but |
| |
(b) | is actionable as a breach of statutory duty owed to the owner of |
| |
| |
(8) | The requirements of this subsection in respect of any interest in |
| 5 |
| |
(a) | to carry out a reasonable search to find or, if necessary, to |
| |
identify and find, the owner of the interest, |
| |
(b) | after the search, to publish notice of the proposal to enter the |
| |
interest in an orphan works register, in a way designed to bring |
| 10 |
the proposal to the attention of the owner of that interest, and |
| |
(c) | to keep a sufficient record of the steps taken under paragraphs |
| |
(a) and (b) and of the results of those steps. |
| |
(9) | For the purposes of subsection (8)(a) the person carrying out the search |
| |
| 15 |
(a) | make such use as is reasonable of sources of information, |
| |
including sources within subsection (11), relating to the work’s |
| |
apparent country of origin, and |
| |
(b) | have regard to any presumptions under section 104 or 105 that |
| |
would apply in relation to the work in any proceedings. |
| 20 |
(10) | The sources referred to in subsection (9)(a) are— |
| |
| |
(b) | associations of publishers or authors; |
| |
(c) | systems for identifying works of the type concerned; |
| |
(d) | published library catalogues and indexes; |
| 25 |
(e) | public databases, including public records that may indicate |
| |
| |
(11) | For the purposes of subsection (9)(a) a work’s apparent country of |
| |
origin is the country which the person carrying out the search |
| |
reasonably believes is most likely to be— |
| 30 |
(a) | the country of the work’s first publication, or |
| |
(b) | if the work has not been published, the country with which its |
| |
making is most closely connected. |
| |
(12) | Any guidance issued by the Secretary of State must be taken into |
| |
account in deciding whether the requirements of subsection (8) have |
| 35 |
| |
(13) | The Secretary of State may by regulations amend any of the preceding |
| |
provisions of this section. |
| |
116D | Regulation and enforcement |
| |
Schedule A1 confers powers to provide for— |
| 40 |
(a) | codes of practice relating to licensing bodies, and |
| |
(b) | the regulation of licensing bodies and of other persons |
| |
authorised under section 116A or 116B. |
| |
| |
(1) | Nothing in section 116B or Schedule A1 applies in relation to Crown |
| 45 |
copyright or Parliamentary copyright. |
| |
|
| |
|
| |
|
(2) | The powers conferred by sections 116A to 116C and Schedule A1 |
| |
include in particular power— |
| |
(a) | to make incidental, supplementary or consequential provision; |
| |
(b) | to make different provision for different purposes; |
| |
(c) | to extend or restrict the jurisdiction of the Copyright Tribunal. |
| 5 |
(3) | The power referred to in subsection (2)(a) to make consequential |
| |
provision includes power to amend this Part. |
| |
(4) | The power to make regulations under sections 116A to 116C and |
| |
Schedule A1 is exercisable by statutory instrument. |
| |
(5) | A statutory instrument containing such regulations is subject to |
| 10 |
annulment in pursuance of a resolution of either House of Parliament, |
| |
but that is subject to subsection (6). |
| |
(6) | Subsection (7) applies to a statutory instrument containing any of the |
| |
| |
(a) | the first regulations made under section 116A; |
| 15 |
(b) | the first regulations made under section 116B; |
| |
(c) | the first regulations made under paragraph 1 of Schedule A1; |
| |
(d) | the first regulations made under paragraph 3 of Schedule A1; |
| |
(e) | regulations under sections 116A to 116C or Schedule A1 |
| |
amending section 116C or another provision of this Part. |
| 20 |
(7) | The statutory instrument may not be made unless a draft of the |
| |
instrument has been laid before and approved by a resolution of each |
| |
| |
(2) | Schedule 2 (which inserts Schedule A1 to the 1988 Act and makes provision in |
| |
relation to performers’ property rights corresponding to provision made by |
| 25 |
this section in relation to copyright) has effect. |
| |
(3) | In the 1988 Act insert in the appropriate place— |
| |
(a) | in section 179 (index of defined expressions in Part 1)— |
| |
|
(b) | in section 212 (index of defined expressions in Part 2)— |
| 30 |
| | paragraph 1C of Schedule 2A”. |
| | |
|
43 | Increase of penalties relating to infringing articles or illicit recordings |
| |
(1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| |
(2) | In section 107 (criminal liability for making or dealing with infringing articles |
| |
etc.) in subsections (4)(a) and (4A)(a) for “the statutory maximum” substitute |
| 35 |
| |
(3) | In section 198 (criminal liability for making, dealing with or using illicit |
| |
recordings) in subsections (5)(a) and (5A)(a) for “the statutory maximum” |
| |
| |
|
| |
|
| |
|
| |
| |
(1) | Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended |
| |
| |
(2) | Before the definition of “local library authority” insert— |
| 5 |
““author”, in relation to a work recorded as a sound recording, |
| |
includes a producer or narrator; |
| |
| |
(a) | a work recorded as a sound recording and consisting |
| |
mainly of spoken words (an “audio-book”), and |
| 10 |
(b) | a work, other than an audio-book, recorded in electronic |
| |
form and consisting mainly of (or of any combination of) |
| |
written or spoken words or still pictures (an “e-book”); |
| |
| |
(a) | means made available to a member of the public for use |
| 15 |
away from library premises for a limited time, but |
| |
(b) | does not include being communicated by means of |
| |
electronic transmission to a place other than library |
| |
| |
and “loan” and “borrowed” are to be read accordingly; |
| 20 |
“library premises” has the meaning given in section 8(7) of the |
| |
Public Libraries and Museums Act 1964;”. |
| |
(3) | After the definition of “prescribed” insert— |
| |
““producer” has the meaning given in section 178 of the |
| |
Copyright, Designs and Patents Act 1988;”. |
| 25 |
(4) | At the end of the definition of “the register” omit “and”. |
| |
(5) | After the definition of “the Registrar” insert— |
| |
““sound recording” has the meaning given in section 5A(1) of the |
| |
Copyright, Designs and Patents Act 1988.” |
| |
(6) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| 30 |
(7) | In section 40A (permitted acts in relation to copyright works: lending of copies |
| |
by libraries or archives), for subsection (1) substitute— |
| |
“(1) | Copyright in a work of any description is not infringed by the following |
| |
acts by a public library in relation to a book within the public lending |
| |
| 35 |
| |
(b) | in relation to an audio-book or e-book, copying or issuing a |
| |
copy of the book as an act incidental to lending it. |
| |
| |
(a) | “book”, “audio-book” and “e-book” have the meanings given in |
| 40 |
section 5 of the Public Lending Right Act 1979, |
| |
(b) | “the public lending right scheme” means the scheme in force |
| |
under section 1 of that Act, |
| |
|
| |
|
| |
|
(c) | a book is within the public lending right scheme if it is a book |
| |
within the meaning of the provisions of the scheme relating to |
| |
eligibility, whether or not it is in fact eligible, and |
| |
(d) | “lending” is to be read in accordance with the definition of “lent |
| |
out” in section 5 of that Act (and section 18A of this Act does not |
| 5 |
| |
(8) | In Schedule 2, in paragraph 6B (permitted acts in relation to performances: |
| |
lending of copies by libraries or archives)— |
| |
(a) | at the beginning insert— |
| |
“(A1) | The rights conferred by this Chapter are not infringed by the |
| 10 |
following acts by a public library in relation to a book within |
| |
the public lending right scheme— |
| |
| |
(b) | in relation to an audio-book or e-book, copying or |
| |
issuing a copy of the book as an act incidental to |
| 15 |
| |
(A2) | Expressions used in sub-paragraph (A1) have the same |
| |
meaning as in section 40A(1).”; |
| |
(b) | in sub-paragraph (2), for “this paragraph” substitute “sub-paragraph |
| |
| 20 |
| |
45 | Power to make consequential provision etc |
| |
(1) | The Secretary of State may by regulations made by statutory instrument make |
| |
incidental, supplementary, consequential, transitional, transitory or saving |
| |
provision in connection with the amendments made by this Act. |
| 25 |
| |
(a) | make different provision for different purposes, |
| |
(b) | modify an Act passed before or in the same Session as this Act or |
| |
subordinate legislation made before this Act is passed, and |
| |
(c) | where they are made in connection with an amendment made by |
| 30 |
section 27 or by a provision listed in section 48(3), modify a provision |
| |
of an Act passed, or subordinate legislation made, before the day on |
| |
which that amendment comes into force. |
| |
(3) | A statutory instrument containing regulations under this section that amend or |
| |
repeal a provision of an Act may not be made unless a draft of the instrument |
| 35 |
has been laid before, and approved by a resolution of, each House of |
| |
| |
(4) | Any other statutory instrument containing regulations under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 40 |
| |
“modify” includes amend, repeal or revoke; |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| |
| |
|
| |
|