Copyright and Related Rights Regulations 2003
The Copyright and Related Rights Regulations 2003 transpose the Information Society Directive "", , into United Kingdom law. As such, its main effects are to modify the
Copyright, Designs and Patents Act 1988 c. 48 with minor consequential modifications to other
Acts and secondary legislation.
The regulations modify the concept of broadcast and broadcasting to take account of development in the internet; restrict
the acts which are permitted without infringing copyright ; and
provide new measures for the protection and enforcement of copyright and performers' rights.
Only two EU Member States met the 22 December 2002 deadline for implement, the UK implemented the directive in 2003 but in November 2004 was convicted for non-implementation of the directive in the territory of Gibraltar.
Broadcasts
Regulation 4 provides a new definition of "broadcast" in section 6 of the 1988 Act asInternet transmissions are excepted from the definition of a broadcast unless they are transmitted simultaneously with a broadcast by other means, simultaneously with a live event or form part of a service in which programmes are transmitted at specific times determined solely by the person providing the service.
The new definition covers the old definitions of broadcast and of "cable programme". However the
separate definition of cable programme is kept as there is a distinction in the dates at which copyright becomes available:
1995-01-01 for cable programmes as opposed to 1956-06-01 for broadcasts under the previous definition.
Communication to the public
The previous "infringement by broadcasting or inclusion in a cable programme" is replaced by anew "infringement by communication to the public". This includes both broadcasting
and making a work available to the public by electronic transmission. A performer's rights are also infringed if his
performance is made available to the public without his consent.
Permitted acts and copyright exceptions
Neither copyright nor performer's rights are infringed by thesimple act of transmitting the work between third parties over a network, even if the process of transmission involves
making temporary copies
The existing fair dealing for the purposes of research or private study was limited so that it is only permitted for a non-commercial purpose. A similar restriction was imposed on permitted copying by librarians or archivists of folksongs for third parties. The observation or study of the functioning of a computer program was removed from the remit of fair dealing and replaced by a statutory permission to study the functioning of the program while legally performing any of the acts of loading, displaying, running, transmitting or storing the program. It was clarified that fair dealing for the purposes of criticism, review or news reporting is only allowed for published works.
The permitted use without a licence of copyright material for educational use was restricted to non-commercial purposes. Regulation 18 removes the permission to use third parties to play sound recordings for the purposes of a non-commercial club or society. The exception for public showing or playing of broadcasts of music was also permitted, and the Secretary of State was enabled to propose a licensing scheme covering such public showing or playing, which may be compulsory.
Technical measures
New s. 296 of the 1988 Act created new rights in respect of copyright works to which copy protection measures have been applied. This right is held concurrently by:- any person issuing copies of the work to the public or communicating the work to the public; and
- the owner of the copyright in the work, or his exclusive licensee; and
- the owner of any intellectual property right in the technical device or measure, or his exclusive licensee.
- who have the same rights against an infringement of this right as the owner of copyright has against infringement of copyright, including seizure.
- with respect to protected computer programs, by a person who "manufactures for sale or hire, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire or has in his possession for commercial purposes" any means "the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device" or who publishes information intended to enable or assist other in removing or circumventing the technical device ;
- with respect to other protected works, by a person who knowingly circumvents the technical measures ;
- by a person who manufactures, imports, distributes, sells or advertises any device or product which, or provides services which:
- * are promoted or marketed for the purpose of circumventing such measures; or
- * have only limited commercial significance beyond circumventing such measures; or
- * are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of such measures.
- manufacturing for sale or hire, importation, sale or distribution of devices or products which are primarily designed or adapted for the purpose of the circumvention of technological measures;
- providing, promoting, advertising or marketing a service the purpose of which is to enable or facilitate the circumvention of technical measures.
Rights management information
New s. 296ZG of the 1988 Act created new rights in respect of electronic rights management information metadata. The right is infringed by:- the person who knowingly removes electronic copyright management information which is associated with a copy of a copyright work, or appears in connection with the communication to the public of a copyright work;
- the person who knowingly distributes or communicates to the public copies of a work from which electronic rights management information has been removed.
Enforcement of copyright and performer's rights
A copyright holder may obtain an injunction against an Internet service provider who has "actual knowledge" of another person using their service to infringe copyright or a performer's right. In determining whether the ISP has actual knowledge of the infringing use, the High Court shall take into account all matters which appear to be relevant, in particular whether the ISP has received notification under regulation 6 of the Electronic Commerce Regulations 2002 No. 2013.
Regulation 28 extended the right to bring action for infringement of copyright to non-exclusive licensees when the infringement is directly connected to a prior licensed act by the licensee and the licence expressly grants a right of action.
The non-exclusive licensee shall have the same rights and remedies as the copyright owner would have in any action.
The right of the non-exclusive licensee to bring action is concomitant with that of the copyright owner.
Duration of protection
Regulation 29 amends section 13A of the 1988 Act to take account of the new definition of "communication to the public" so that the copyright in sound recordings expires:- at the end of the period of fifty years from the end of the calendar year in which the recording is made, or
- if during that period the recording is published, fifty years from the end of the calendar year in which it is first published, or
- if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, fifty years from the end of the calendar year in which it is first so made available.