|
| |
|
4ZC | Designated authorities: video works included in video games |
| |
(1) | The video games authority may make such arrangements in respect of |
| |
video works included in video games as it considers are necessary for |
| |
the purposes of fulfilling its responsibilities in respect of video games. |
| |
(2) | Where there are two designated authorities, the arrangements made by |
| 5 |
the video games authority under section 4 must, to the extent that the |
| |
video games authority considers appropriate, include either or both of |
| |
| |
(a) | arrangements for having regard to any classification certificate |
| |
issued by the video works authority in respect of a video work |
| 10 |
included in a video game; |
| |
(b) | arrangements for obtaining and having regard to a |
| |
determination by the video works authority as to the suitability |
| |
of all or part of a video work included in a video game. |
| |
(3) | For the purpose of determining the extent to which arrangements |
| 15 |
described in subsection (2)(a) or (b) are appropriate, the video games |
| |
| |
(a) | consult the video works authority, and |
| |
(b) | have regard to any guidance issued by the Secretary of State. |
| |
(4) | In this section, “suitability” means suitability for the issue of a |
| 20 |
classification certificate or suitability for the issue of a classification |
| |
certificate of a particular description.” |
| |
(2) | Schedule 1 (which contains further amendments of the Video Recordings Act |
| |
| |
Copyright and performers’ property rights: licensing and penalties |
| 25 |
43 | Extension and regulation of licensing of copyright and performers’ rights |
| |
(1) | In the Copyright, Designs and Patents Act 1988 (the “1988 Act”) after section |
| |
| |
“Additional licensing and regulation |
| |
116A | Licensing of orphan works |
| 30 |
(1) | The Secretary of State may by regulations provide for authorising a |
| |
licensing body or other person to do, or to grant licences to do, acts in |
| |
relation to an orphan work which would otherwise require the consent |
| |
of the missing copyright owner. |
| |
(2) | Where the missing copyright owner is not the sole owner of copyright |
| 35 |
in the work, an authorisation does not affect the need for consent from |
| |
any other owner of copyright. |
| |
(3) | An authorisation or licence under the regulations in favour of any |
| |
person must not preclude any authorisation or licence in favour of |
| |
| 40 |
(4) | The regulations must provide for the treatment of royalties or other |
| |
sums paid in respect of an authorisation or licence, including— |
| |
|
| |
|
| |
|
(a) | the deduction of administrative costs; |
| |
(b) | the period for which sums must be held for the copyright |
| |
| |
(c) | the treatment of sums after that period (as bona vacantia or |
| |
| 5 |
(5) | The regulations may provide for determining the rights and obligations |
| |
of any person if an interest in copyright ceases to be included in a |
| |
register kept in accordance with section 116D(1). |
| |
(6) | The regulations may provide for the Secretary of State to determine |
| |
whether any requirement of the regulations for a person’s becoming or |
| 10 |
remaining authorised has been met or ceased to be met. |
| |
116B | Extended licensing schemes |
| |
(1) | The Secretary of State may by regulations provide for authorising a |
| |
licensing body to grant copyright licences (within the meaning of |
| |
section 116) in respect of works in which copyright is not owned by the |
| 15 |
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 broadcast, or |
| |
(b) | in respect of rights excluded by notice given by the copyright |
| 20 |
owner in accordance with the regulations. |
| |
(3) | Subsections (3) to (6) of section 116A apply to regulations under this |
| |
section (but subsections (4)(b) and (c) and (5) apply only in relation to |
| |
| |
116C | Meaning of “orphan work” |
| 25 |
(1) | A work is an orphan work if a person— |
| |
(a) | has carried out a diligent search to find or, if necessary, to |
| |
identify and find, the owner of, or of an interest in, copyright in |
| |
| |
(b) | has published the notice required by this section, |
| 30 |
| but has not found the owner. |
| |
(2) | References to the missing copyright owner in relation to an orphan |
| |
work are references to that owner. |
| |
(3) | For the purposes of subsection (1)(a) the person carrying out the search |
| |
| 35 |
(a) | make such use as is reasonable of sources of information, |
| |
including sources within subsection (4), 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. |
| 40 |
(4) | The sources referred to in subsection (3)(a) are— |
| |
| |
(b) | associations of publishers or authors; |
| |
(c) | systems for identifying works of the type concerned; |
| |
(d) | published library catalogues and indexes; |
| 45 |
|
| |
|
| |
|
(e) | public databases, including public records that may indicate |
| |
| |
(5) | For the purposes of subsection (3)(b) a work’s apparent country of |
| |
origin is the country which the person carrying out the search |
| |
reasonably believes is most likely to be— |
| 5 |
(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. |
| |
(6) | The notice required by subsection (1)(a) is notice of the proposal to |
| |
enter the interest concerned in a register kept in accordance with |
| 10 |
section 116D(1), published in a way designed to bring the proposal to |
| |
the attention of the owner of the interest. |
| |
(7) | The Secretary of State may by regulations amend any of the preceding |
| |
provisions of this section. |
| |
116D | Orphan works: registration and compliance |
| 15 |
(1) | Regulations made by the Secretary of State must provide for an |
| |
authorisation under section 116A or 116B to have effect in respect of an |
| |
interest of a missing copyright owner only if the interest is entered in a |
| |
register kept by the authorised person (an “orphan works register”). |
| |
(2) | The regulations must— |
| 20 |
(a) | specify the form of an orphan works register and how it is to be |
| |
| |
(b) | provide for an orphan works register to be made available to the |
| |
| |
(3) | An entry in an orphan works register must include a sufficient record |
| 25 |
of the steps taken for the purposes of section 116C(1)(a) and (b). |
| |
(4) | An authorised person must not enter an interest in an orphan works |
| |
register unless the authorised person— |
| |
(a) | has taken the steps referred to in section 116C(1)(a) and (b) and |
| |
has not found the owner of the interest, or |
| 30 |
(b) | has reasonable grounds for believing that another person has |
| |
taken those steps and that the owner of the interest has not been |
| |
| |
(5) | If an interest is entered in an authorised person’s orphan works register |
| |
and the authorised person finds the owner of the interest, the |
| 35 |
authorised person must remove the entry. |
| |
(6) | If in relation to an interest entered in an authorised person’s orphan |
| |
works register, the authorised person— |
| |
(a) | is aware that any of the steps referred to in section 116C(1)(a) |
| |
and (b) was not taken, or |
| 40 |
(b) | is aware of information that makes it no longer reasonable to |
| |
| |
| the authorised person must as soon as possible take those steps or |
| |
| |
(7) | Where an interest is entered in an orphan works register, regulations |
| 45 |
under section 116A or 116B may provide for an authorisation under |
| |
|
| |
|
| |
|
that section to have effect in respect of that interest despite a failure to |
| |
take steps referred to in section 116C(1)(a) or (b) or to comply with any |
| |
of subsections (4) to (6). |
| |
(8) | But a failure by an authorised person to comply with any of subsections |
| |
(4) to (6) is actionable as a breach of statutory duty owed to the owner |
| 5 |
of the interest concerned (and see paragraph 4 of Schedule A1). |
| |
(9) | Any guidance issued by the Secretary of State must be taken into |
| |
account in deciding whether a person has taken the steps referred to in |
| |
section 116C(1)(a) or (b) or has complied with subsection (3). |
| |
(10) | The Secretary of State may by regulations amend any of the preceding |
| 10 |
provisions of this section. |
| |
116E | Regulation and enforcement |
| |
Schedule A1 confers powers to provide for— |
| |
(a) | the regulation of licensing bodies, and of persons other than |
| |
licensing bodies who are authorised under section 116A; |
| 15 |
(b) | enforcement for the purposes of such regulation, or otherwise |
| |
for the purposes of sections 116A to 116D. |
| |
| |
(1) | Nothing in section 116B or Schedule A1 applies in relation to Crown |
| |
copyright or Parliamentary copyright. |
| 20 |
(2) | The powers conferred by sections 116A to 116D 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. |
| 25 |
(3) | The power referred to in subsection (2)(a) to make consequential |
| |
provision includes power to amend this Part. |
| |
(4) | Before making provision as to requirements for a person’s becoming or |
| |
remaining authorised under section 116A or 116B, the Secretary of State |
| |
must consult the persons the Secretary of State thinks likely to be |
| 30 |
affected (or persons who represent such persons) and such other |
| |
persons as the Secretary of State thinks fit. |
| |
(5) | The power to make regulations under sections 116A to 116D and |
| |
Schedule A1 is exercisable by statutory instrument. |
| |
(6) | A statutory instrument containing such regulations is subject to |
| 35 |
annulment in pursuance of a resolution of either House of Parliament, |
| |
but that is subject to subsection (7). |
| |
(7) | Subsection (8) applies to a statutory instrument containing any of the |
| |
| |
(a) | the first regulations made under section 116A; |
| 40 |
(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 4 of Schedule A1; |
| |
(e) | regulations under sections 116A to 116D or Schedule A1 |
| |
amending any provision of this Part. |
| 45 |
|
| |
|
| |
|
(8) | 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 |
| 5 |
this section in relation to copyright) has effect. |
| |
(3) | In the 1988 Act insert in the appropriate places— |
| |
(a) | in section 179 (index of defined expressions in Part 1)— |
| |
|
(b) | in section 212 (index of defined expressions in Part 2)— |
| |
| “missing rights owner (in |
| paragraph 1C of Schedule 2A”; |
| | | | relation to orphan rights) |
| | | 15 | | | paragraph 1C of Schedule 2A”. |
| | |
|
44 | 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 |
| 20 |
| |
(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” |
| |
| |
| 25 |
| |
(1) | Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended |
| |
| |
(2) | Before the definition of “local library authority” insert— |
| |
““author”, in relation to a work recorded as a sound recording, |
| 30 |
includes a producer or narrator; |
| |
| |
(a) | a work recorded as a sound recording and consisting |
| |
mainly of spoken words (an “audio-book”), and |
| |
(b) | a work, other than an audio-book, recorded in electronic |
| 35 |
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 |
| |
away from library premises for a limited time, but |
| 40 |
|
| |
|
| |
|
(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; |
| |
“library premises” has the meaning given in section 8(7) of the |
| 5 |
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;”. |
| |
(4) | At the end of the definition of “the register” omit “and”. |
| 10 |
(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. |
| |
(7) | In section 40A (permitted acts in relation to copyright works: lending of copies |
| 15 |
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 |
| |
| |
| 20 |
(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 |
| |
section 5 of the Public Lending Right Act 1979, |
| 25 |
(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 |
| 30 |
(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 |
| |
| |
(8) | In Schedule 2, in paragraph 6B (permitted acts in relation to performances: |
| |
lending of copies by libraries or archives)— |
| 35 |
(a) | at the beginning insert— |
| |
“(A1) | The rights conferred by this Chapter are not infringed by the |
| |
following acts by a public library in relation to a book within |
| |
the public lending right scheme— |
| |
| 40 |
(b) | in relation to an audio-book or e-book, copying or |
| |
issuing a copy of the book as an act incidental to |
| |
| |
(A2) | Expressions used in sub-paragraph (A1) have the same |
| |
meaning as in section 40A(1).”; |
| 45 |
|
| |
|
| |
|
(b) | in sub-paragraph (2), for “this paragraph” substitute “sub-paragraph |
| |
| |
| |
46 | Power to make consequential provision etc |
| |
(1) | The Secretary of State may by regulations made by statutory instrument make |
| 5 |
incidental, supplementary, consequential, transitional, transitory or saving |
| |
provision in connection with the amendments made by this Act. |
| |
| |
(a) | make different provision for different purposes, |
| |
(b) | modify an Act passed before or in the same Session as this Act or |
| 10 |
subordinate legislation made before this Act is passed, and |
| |
(c) | where they are made in connection with an amendment made by |
| |
section 28 or by a provision listed in section 49(3), modify a provision |
| |
of an Act passed, or subordinate legislation made, before the day on |
| |
which that amendment comes into force. |
| 15 |
(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 |
| |
has been laid before, and approved by a resolution of, each House of |
| |
| |
(4) | Any other statutory instrument containing regulations under this section is |
| 20 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
| |
“modify” includes amend, repeal or revoke; |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| 25 |
| |
| |
Schedule 3 (repeals) has effect. |
| |
| |
(1) | This Act extends to England and Wales, Scotland and Northern Ireland. |
| 30 |
(2) | An amendment of the following enactments that is made by this Act may be |
| |
extended to any of the Channel Islands or the Isle of Man under the relevant |
| |
| |
(a) | Part 1 of the Copyright, Designs and Patents Act 1988; |
| |
(b) | the Broadcasting Act 1990; |
| 35 |
(c) | the Broadcasting Act 1996; |
| |
(d) | the Communications Act 2003; |
| |
(e) | the Wireless Telegraphy Act 2006. |
| |
(3) | “Relevant extending power” means— |
| |
(a) | in relation to amendments of Part 1 of the Copyright, Designs and |
| 40 |
Patents Act 1988, section 157(2) of that Act; |
| |
|
| |
|