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Out-law / your daily need-to-know.

Out-Law Guide 9 min. read

UK copyright law: the basics

21 Jun 2024, 9:02 am

This includes the exclusive right to copy, issue copies, rent or lend, perform, show, play, communicate the work to the public or adapt the work, and the right to stop others from doing any of these things without their consent.

Copyright is a hugely complex area of law which gives territorial rights on a country by country basis which are recognised globally through a series of international treaties. However, even in Europe there is only limited harmonisation and so it is essential to seek advice from local experts as to whether the particular work in question is protected.

The focus of this guide is the copyright protection of works in the UK.

What is copyright?

Copyright is an intellectual property right which stops copying. It provides rights holders, such as artists, writers, software engineers, website developers and composers, with a range of rights in respect of their works including a right to royalties and to restrict how their works are reproduced by other people.

Copyright allows the owner to prevent the reproduction of a 'substantial' part of the copyright work; a test which is satisfied on a 'qualitative', rather than purely quantitative, basis. 'Reproduction' includes reproduction in any material form and so could be as a result of printing, including copyright works in TV programmes, films or publications, distributing copies of the work on the internet, or making a copy in 2D or 3D of a work.

Who owns copyright?

The 'author' of a work, i.e. the creator of the work, is generally the first copyright owner. Where there are two or more authors who have created a work, they may have joint ownership of the copyright if their contributions are indivisible or co-authorship where separate contributions can be identified.

To qualify for copyright protection, a work has to be 'original'. For a time it was unclear whether the test of originality to be applied was that of the author having expended 'skill and labour' or whether the work must exhibit "the author's own intellectual creation" - the latter test having been developed by the EU courts. The Court of Appeal has clarified that the correct test is that the work must be the author's own intellectual creation. What is required is that "the author was able to express their creative abilities in the production of the work by making free and creative choices so as to stamp the work created with their personal touch". This test is not satisfied where the content of the work is dictated by technical considerations, rules or other constraints which leave no room for creative freedom.

This so-called 'European' test is considered more demanding than the skill and labour test it replaced, although the originality bar is still low and will in most cases be satisfied.

Ideas are not protected by copyright; only the expression of those ideas as fixed in a material form are protected.

Where works are commissioned or created in the course of employment, the contractor or the employer is usually the first copyright owner, even though the party commissioning the work has paid for it. However, this will depend upon the terms of the contract, and whether the work falls within the scope of the commission or the work is created during the course of employment; both of which will need to be assessed carefully. In the case of a contractor commissioned to create a copyright work, it is essential to ensure that copyright is assigned to the commissioning party otherwise this could seriously limit their future ability to use or make modifications to the work.

A common example where copyright ownership needs to be established as soon as possible is where a business hires a third party developer to create a new website or software platform. As the developer is the author of the work, it will own the copyright unless the copyright position is dealt with differently in the contract. In practice, contracts are often silent - which leads to disputes which could have been easily avoided by the contract stipulating either a licence or an assignment of copyright to the business at the outset.

What types of works are protected by copyright?

The sorts of work which benefit from copyright protection are broken down into the following categories:

• Original literary, dramatic, musical or artistic works;
• Computer programs and software code;
• Databases (in addition to the separate Database Right)
• Sound recordings, films or broadcasts; and
• Typographical arrangements of published editions.

Artistic works include:

• a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
• a work of architecture being a building or a model for a building, or
• a work of artistic craftsmanship.

Usually, a work need have no artistic qualities to be protected by copyright. Works of artistic craftsmanship are an exception, and a judicial ruling is awaited which will clarify whether an aesthetic element is necessary for works in this category to be protected by copyright or whether originality is the only criterion to be satisfied by works in all categories, as is the case in the EU. If the latter, the door would be opened to functional items being protected by copyright. This would be a good result for designers, who could rely on this lengthy and free IP right in preference to design rights  which provide a lesser term of protection and are subject to a registration process.

What is the duration of copyright protection?

The duration of copyright protection depends on the nature of the protected work itself. In respect of literary, dramatic, musical or artistic works copyright generally lasts for the lifetime of the owner plus 70 years after their death (or 50 years if the work was computer generated).

Copyright in audiovisual works follow slightly different rules. Broadcasts are protected for 50 years from the date the broadcast is made. Sound recordings are protected for 50 years from the end of the year in which the recording is made or, if published during that period, for 70 years from the end of the year of publication. Films are protected for 70 years following the death of the last of the following: the principal director; the author of the screenplay; the author of the dialogue; or the composer of the original music commissioned for or used in the film.

Copyright in typographical arrangements has the shortest duration, lasting for 25 years from the end of the year in which the edition was first published.

Does copyright need to be registered?

In the UK, provided the work is 'original', copyright will arise automatically as soon as the work is created and fixed in material form without any need for registration. It is important to note that ideas are not protected by copyright; only the expression of those ideas as fixed in a material form are protected.

Given copyright arises automatically, it is good practice to keep records and evidence of any materials or works created and when (an 'audit' trail), which may be needed to establish the subsistence and ownership of copyright in infringement proceedings. A copyright owner is advised to mark copyright material when it is published with the international copyright symbol © followed by the name of the copyright owner and year of publication (e.g. © [OWNER] [YEAR]). While this "copyright notice" is not a necessary requirement in the UK, it may assist a copyright owner in the event of infringement proceedings. It will also be necessary if a copyright owner wishes to enforce their copyright in certain foreign countries.

When is copyright infringed?

Copyright provides the owner with the exclusive right to copy, issue copies, rent or lend, perform, show, play, communicate or adapt the copyright work.

Copyright is infringed by anyone who carries out any of the copyright owner's exclusive rights without the permission of the copyright owner, unless an exception to copyright applies. 

The main exceptions include making temporary copies; fair dealing for the purpose of criticism, review, quotation or news reporting; fair dealing for caricature, parody or pastiche; fair dealing for research and private study; incidental use; educational use; public interest or copying works for the visually impaired. However, the exceptions are narrow and, contrary to popular belief, there is no "innocent infringer" defence nor is there a defence of making personal copies for private use due to a legal challenge to legislation implementing it.

The scope of the 'text and data mining' exception has come under intense scrutiny in the context of the use of works protected by copyright as training data by developers of artificial intelligence tools. It was generally acknowledged that this exception would not be available in respect of any AI commercially exploited - which would cover most AI solutions - and a contentious proposal to expand the exception  to enable developers to rely on it even where AI would be commercialised was dropped after significant opposition by the creative industries .

Infringement can be in relation to the whole or a substantial part of the work. A 'substantial' part of the work has been copied if the infringer has taken the "author's intellectual creation".

'Substantial' is determined by a qualitative test, not a quantitative one, which means that there may be an infringement even if a small, but important, portion of the original work is copied.

In addition an individual or corporate entity may commit a secondary infringement of copyright if, among other things, they import into the UK, possess, sell or distribute an article which they know or have reason to believe is an infringing copy.

How are computer programs dealt with?

Computer programs are regarded as literary works and therefore at a basic level their protection is no different from any other literary work. However, with the development of ever more advanced technology and AI, this area is increasingly contentious.

Contention also surrounds the copyright protection of 'computer generated works'. These are defined as works that are generated by computer where there is no human author. The suggestion is that these works cannot satisfy the 'author's own intellectual creation' originality test. However, these works are protected by copyright for 50 years from the end of the calendar year in which they are made, and proposals to reform this position were rejected. The UK is one of only a handful of countries which gives copyright protection to computer generated works .

Can rights in copyright be sold?

Provided the relevant statutory mechanism is followed, copyright is a property right which can be bought or sold, inherited or otherwise transferred, either wholly or in part. Copyright may therefore belong to someone other than the author of the work.

Copyright owners may choose to license others to use protected works while retaining ownership themselves. The terms of any such licence should deal with issues such as exclusivity, assignability, the length of the term and the scope of the licence .

What are moral rights?

Moral rights are a collection of personal rights, allied to copyright, given to authors of literary, dramatic, musical, or artistic works and the directors of films. These rights include:

• the right to be identified as author or director respectively whenever the work is commercially published, exhibited to the public or included in a film or broadcast (the 'paternity right');
• the right to object to derogatory treatment of their work (the 'right of integrity'); and
• the right not to be identified as the creator of a work created by someone else ('false attribution').

Additionally, a person who for private and domestic purposes commissions the taking of a photograph or making of a film has the right not to have copies exhibited, broadcast or issued to the public (the 'right of privacy').

Moral rights belong to the author of an original work. They may be waived (i.e. given up), but cannot be assigned or sold to a third party. Importantly, they remain with the creator of the work even if the copyright does not, and are passed to the author's estate on death. In agreeing to waive moral rights, an author would no longer obtain the benefits moral rights provide, so it is highly advisable to seek legal advice before agreeing to waive such rights.

How does Brexit affect copyright?

Copyright is territorial and as stated above, even in the European Union there is limited harmonisation, so the scope of protection for copyright works in the UK and for UK works abroad remains largely unaffected by Brexit.

To the extent that UK law is derived from EU Directives and Regulations, it is preserved in UK law post-Brexit as 'assimilated law' and will remain so until the law is changed by future UK legislation or by judicial interpretation. Divergence over time between copyright law in the UK and EU is a possibility given the greater freedom UK judges now have under the Retained EU Law (Revocation and Reform) Act 2023 to depart from assimilated law in their decision making.

• Brand protection & creative rights
• Intellectual Property
• Technology & Digital Markets
• Technology, Science & Industry
• United Kingdom

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Copyright Assignment

Templates / Copyright Assignment

Our Copyright Assignment template:

• Transfer Copyright with our assignment of copyright template
• Specialist Solicitor-drafted template agreement for reliability
• Full guidance notes included for fast, simple drafting
• Includes our money-back no-quibble guarantee

How Does It Work?

• 1. Download

Use our Copyright Assignment Template to transfer copyright from one party (the Assignor) to another party (the Assignee). The document can be used to transfer the copyright in any material in which the right exists.

When To Use a Copyright Assignment Template

Use our draft if you are the owner of the copyright and you want to:

• sell the copyright in something to another party; or
• gift the copyright to another.

The copyright you are transferring can be anything in which copyright exists. That is any literary, dramatic, musical or artistic works, or a sound recording.

Do I need An Assignment?

For copyright to be assigned from one party to another, it needs to be completed via an ‘ instrument in writing ‘. The Copyright, Designs and Patents Act 1988 requires this. This simply means that you need to put in place a written agreement to transfer the copyright legally. Hence using a Copyright Assignment template.

The agreement documents the terms on which the transfer has taken place. In addition, there is no register of copyright in the UK. As a result, the transfer document acts as proof that the assignor has assigned the copyright. It also details:

• who the owner of the copyright is; and
• whether there are any restrictions or other terms applicable to the assignment.

As copyright is not registered in the UK, you do not need to make any application to the Intellectual Property Office to register the assignment.

So to cover all of this and make it very easy for yourself, use Legalo’s Copyright Assignment.

Using Our Copyright Assignment Template

Once you have bought the draft, you can download it in Word format and begin editing the document to create your copyright assignment agreement.

The template contains [square] brackets which shows you where to edit the template with the information that is specific to your situation.

This will be details such as:

• the name of the party who is selling the copyright; and
• the name of the party who is buying the copyright (or receiving it if the assignor is gifting it to them).

If the other party is paying for the transfer of the copyright, then add the amount within the agreement. However, if the owner is gifting the copyright, then you can edit the clause to confirm that the other party is not paying for it.

If you have any questions about the copyright assignment, please do contact us . We do also have other copyright templates if you need them:

• copyright licence
• copyright infringement notice letter
• copied content complaint letter
• DMCA takedown notice

FAQs on Copyright Assignments

Below we have answered a number of popular questions about copyright assignments from the Internet.

What is an example of copyright?

Works that the law protects by copyright are original creative works. For example, that could be a book, film, song or photograph. ). Copyright gives the creator exclusive rights to control how their work is used and allows them to benefit financially from its use without the fear of others profiting from it. For example, the creator has the legal right to publish, distribute and perform their work exclusively. They may earn money from those publications, performances or distribution of their work.

A common example of a copyrighted work is a piece of music, such as a pop song. The lyrics, melody, and arrangement of this song are all protected by copyright, meaning no one else can legally reproduce, distribute, perform, or create derivative works based on the original recording without permission from the copyright holder (for example, the songwriter or their estate).

In the UK, copyright protection over that work is automatic on production of the finished work. In the UK, the law does not require registration of the work (nor is it possible) in order to gain copyright protection. This may be different in other countries: some do permit registration of copyright; others do not even recognise copyright as a legal right or offer protection for it.

How do I write a copyright notice UK? What is a copyright notice UK?

In the UK a copyright notice, to state that you are the copyright owner, must include the symbol © , the year (or full date) the document or image was first published and the name of the copyright owner. “All rights reserved” is a phrase that you can add if you would like.  It would look something like this:

            © 2023 John Smith. All Rights Reserved.

It is a good idea to make sure that the above are all written on your work, whenever and wherever you publish it. This makes it clear you are claiming the copyright and asserting your rights. The notice shows the public that the work is protected by copyright and informs them of the need to seek permission from the copyright owner before using, reproducing, or distributing the work.

Copyright notices are not legally required , but serve as a warning to others not to infringe your copyright. It can also help to serve in plagiarism disputes as evidence of when you first published the article.

Can you assign copyright in the UK?

You can assign copyright in the UK through a legally binding agreement in writing. The copyright owner must sign it. It should clearly state what rights you are assigning, if there are any restrictions or conditions and if you require any payment for the copyright usage. You must be sure that the parties have signed the document properly. You can purchase a copyright assignment from Legalo, safe in the knowledge that we have made sure that it will be valid and cover what needs including under UK law.

What is a copyright assignment?

A copyright assignment is a legal process in which the owner of a copyright transfers some or all of their rights in a creative work to another party. The process involves a written agreement stating the terms and conditions of the transfer, and what exactly the transfer involves. The agreement can also include details about the price or royalties due and any restrictions. Once the assignment is complete, the original copyright owner no longer holds the transferred rights, and the assignee gains the ability to exercise those rights as if they were the original copyright owner. As copyright in the UK is not registered, the assignment of copyright is not registered either.

What are the formalities of copyright assignment?

If you wish to transfer, assign or sell the rights to use your copyright, then you would need to create a written agreement signed by you as the copyright owner. This agreement is known as an assignment of copyright and should include any conditions or limits on the use of your copyright and if the person using the copyright has to pay you or do anything else in order to use the copyright. It should be in writing and signed by both parties in order to meet the requirements of the Copyright, Designs and Patents Act 1988. At Legalo, we have prepared this document as a template for you to use, so you know that we have included all the key clauses.

Does an assignment of copyright need to be in writing?

In the U K a copyright assignment must be a written document so it can be legally enforced. Without a written document, you have no evidence of what you agreed or that you transferred or bought the rights. So you require a written document, so that it is clear, as we have discussed above:

• what rights and duties each party has, including any restrictions,
• what rights you are transferring, and
• any payment that is due.

How do I prove copyright ownership in the UK?

As mentioned above, the law grants copyright automatically on the production of a unique, creative piece of work. You can remind people of your copyright ownership by:

• using a © symbol, your name and the year, or date, of publication,
• having evidence that you have created or have rights to distribute or use the work, and
• by keeping copies of any documents about the work.

However, if you need to prove copyright ownership in a legal context, you can take certain steps to show clear ownership:

• Keep dated records of the creation process, such as previous working drafts or digital copies and related correspondence, such as with a publisher,
• Use copyright notices,
• Keep any copyright agreements,
• Consider witnesses.

Is copyright assignment the same as copyright ownership?

No, ownership refers to the holding of rights over an intellectual property asset, and determines who has the right to control and use the work. On the other hand, assignment refers to the act of transferring the ownership rights to a new party and is a legally valid transfer of rights.

How do you give credit to a copyright owner?

You can copy part of a work and not be in breach of copyright, so long as it is not a substantial portion of that work, The test for what is a “substantial” part is both a qualitative and quantitative test. While copying a very small part of a larger written work is not going to be a breach of copyright, to avoid plagiarism, you should still acknowledge who wrote the words you are quoting.

In any event, you should give credit to the copyright owner. So state in writing that you have quoted from the author, stating their name, and that you do not claim ownership of the quoted words or intend any copyright breach.

For songs and music , generally you cannot copy any distinct part without permission and the payment of royalties. This includes the melody, lyrics, notes or chords and the rhythm. In terms of sampling a music recording , you cannot do this at all without permission. There have been many legal cases over unauthorised sampling. Our favourite one is where Sting, reportedly, gets paid US$2,000 a day by P Diddy for his unauthorised heavy sampling of Every Breath You Take in 1997. This is reportedly all of the profits from the unauthorised song .

Do I have to register copyright in the UK? How much does it cost to register a copyright UK?

No, registration is not possible at all in the UK to establish copyright. This is because the law automatically grants copyright protection to the creator upon the creation of an original work in a finished form. However, posting a printed copy of your copyright material to yourself and leaving it in a sealed envelope with the Post Office’s date stamp on it can provide evidence of the date you created it and can therefore sometimes be helpful in legal disputes.

What is an example of a copyright disclaimer?

A copyright disclaimer is a statement that you can use to:

• clarify the copyright status of a piece of work, or
• make clear how others can use the work.

Here is an example:

“This work is protected by copyright. All rights reserved. No part of this work may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the copyright holder, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law.”

• Related Templates Intellectual Property Assignment Agreement Technology Transfer Agreement Design Right Assignment Agreement Patent Assignment Trademark Assignment Copyright Licence Copyright Infringement Notice Letter Copied Content Complaint Letter DMCA Take Down Notice

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

Changes and effects yet to be applied to :

• s. 144 cross-heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(2) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 144 heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(c) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 48(6) words omitted by 2012 c. 7 Sch. 14 para. 52
• s. 114A(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(2)
• s. 114B(15) words substituted by 2024 c. 13 Sch. 21 para. 6(3)
• s. 144(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 144(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 144(2) word inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(b) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 204A(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(4)
• s. 204B(15) words substituted by 2024 c. 13 Sch. 21 para. 6(5)
• s. 238(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(4)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 238(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(4)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• s. 249(1) words substituted by 2007 c. 15 s. 143(3)(a) (This amendment not applied to legislation.gov.uk. S. 143 repealed *6.4.2015) by 2014 c. 18, ss. 10(11), 24(1); S.I. 2015/165, art. 3)
• s. 249(2) repealed by 2007 c. 15 Sch. 23 Pt. 6 (This amendment not applied to legislation.gov.uk. 2007 c. 15, s. 143 was repealed (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(11), 24(1); S.I. 2015/165, art. 3)
• s. 297C(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(6)
• s. 297D(15) words substituted by 2024 c. 13 Sch. 21 para. 6(7)
• Sch. 2 para. 6B(2) words substituted by 2010 c. 24 s. 43(8)(b) (This amendment not applied to legislation.gov.uk. The amending provision 2010 c. 24 s. 43(8)(b) was fully repealed on 1.6.2014)
• Sch. 2A para. 17(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• Sch. 2A para. 17(2) word inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(b) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• Sch. 2A para. 17(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• Sch. 2A para. 17 heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(c) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
• Sch. 3 para. 17 repealed by 2007 c. 15 Sch. 23 Pt. 6

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 249(1A) inserted by 2007 c. 15 s. 143(3)(b) (This amendment not applied to legislation.gov.uk. 2007 c. 15, s. 143 was repealed (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(11), 24(1); S.I. 2015/165, art. 3)

Introductory Text

Part I Copyright

Chapter I Subsistence, ownership and duration of copyright

Introductory

1. Copyright and copyright works.

2. Rights subsisting in copyright works.

Descriptions of work and related provisions

3. Literary, dramatic and musical works.

3A. Databases

4. Artistic works.

5A. Sound recordings.

5. Sound recordings and films.

6. Broadcasts.

6A. Safeguards in case of certain satellite broadcasts.

7. Cable programmes.

8. Published editions.

Authorship and ownership of copyright

9. Authorship of work.

10. Works of joint authorship.

10A. Works of co-authorship

11. First ownership of copyright.

Duration of copyright

12. Duration of copyright in literary, dramatic, musical or artistic works.

13A. Duration of copyright in sound recordings.

13B. Duration of copyright in films.

13. Duration of copyright in sound recordings and films.

14. Duration of copyright in broadcasts . . . .

15. Duration of copyright in typographical arrangement of published editions.

15A. Meaning of country of origin.

Chapter II Rights of Copyright Owner

The acts restricted by copyright

16. The acts restricted by copyright in a work.

17. Infringement of copyright by copying.

18. Infringement by issue of copies to the public.

18A. Infringement by rental or lending of work to the public.

19. Infringement by performance, showing or playing of work in public.

20. Infringement by communication to the public

21. Infringement by making adaptation or act done in relation to adaptation.

Secondary infringement of copyright

22. Secondary infringement: importing infringing copy.

23. Secondary infringement: possessing or dealing with infringing copy.

24. Secondary infringement: providing means for making infringing copies.

25. Secondary infringement: permitting use of premises for infringing performance.

26. Secondary infringement: provision of apparatus for infringing performance, &c.

Infringing copies

27. Meaning of “infringing copy”.

Chapter III Acts Permitted in relation to Copyright Works

28. Introductory provisions.

28A. Making of temporary copies

28B. Personal copies for private use

29. Research and private study.

29A. Copies for text and data analysis for non-commercial research

30. Criticism, review, quotation and news reporting.

30A. Caricature, parody or pastiche

31. Incidental inclusion of copyright material.

31A. Disabled persons: copies of works for personal use

31B. Making , communicating, making available, distributing or lending of accessible copies by authorised bodies

31BA. Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies

31BB. Accessible and intermediate copies: records and notification

31F. Sections 31A to 31BB: interpretation and general

32. Illustration for instruction

33. Anthologies for educational use.

34. Performing, playing or showing work in course of activities of educational establishment.

35. Recording by educational establishments of broadcasts

36. Copying and use of extracts of works by educational establishments

36A. Lending of copies by educational establishments

Libraries and archives

37. Libraries and archives: introductory.

38. Copying by librarians: articles in periodicals.

39. Copying by librarians: parts of published works.

40. Restriction on production of multiple copies of the same material.

40A. Lending of copies by libraries or archives.

40B. Libraries and educational establishments etc : making works available through dedicated terminals

41. Copying by librarians: supply of single copies to other libraries

42. Copying by librarians etc : replacement copies of works

42A. Copying by librarians: single copies of published works

43. Copying by librarians or archivists: single copies of unpublished works

43A. Sections 40A to 43: interpretation

44. Copy of work required to be made as condition of export.

44A. Legal deposit libraries

Orphan works

44B. Permitted uses of orphan works

Public administration

45. Parliamentary and judicial proceedings.

46. Royal Commissions and statutory inquiries.

47. Material open to public inspection or on official register.

48. Material communicated to the Crown in the course of public business.

49. Public records.

50. Acts done under statutory authority.

Computer programs: lawful users

50A. Back up copies.

50B. Decompilation.

50BA. Observing, studying and testing of computer programs

50C. Other acts permitted to lawful users.

Databases: permitted acts

50D. Acts permitted in relation to databases.

51. Design documents and models.

52. Effect of exploitation of design derived from artistic work.

53. Things done in reliance on registration of design.

54. Use of typeface in ordinary course of printing.

55. Articles for producing material in particular typeface.

Works in electronic form

56. Transfers of copies of works in electronic form.

Miscellaneous: literary, dramatic, musical and artistic works

57. Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.

58. Use of notes or recordings of spoken words in certain cases.

59. Public reading or recitation.

60. Abstracts of scientific or technical articles.

61. Recordings of folksongs.

62. Representation of certain artistic works on public display.

63. Advertisement of sale of artistic work.

64. Making of subsequent works by same artist.

65. Reconstruction of buildings.

Miscellaneous: lending of works and playing of sound recordings

66. Lending to public of copies of certain works.

MISCellaneous: films and sound recordings

66A. Films: acts permitted on assumptions as to expiry of copyright, &c.

67. Playing of sound recordings for purposes of club, society, &c.

Miscellaneous: broadcasts . . .

68. Incidental recording for purposes of broadcast . . . .

69. Recording for purposes of supervision and control of broadcasts and other services.

70. Recording for purposes of time-shifting.

71. Photographs of broadcasts

72. Free public showing or playing of broadcast . . . .

73. Reception and re-transmission of wireless broadcast by cable.

73A. Royalty or other sum payable in pursuance of section 73(4).

74. Copyright

75. Recording of broadcast for archival purposes

Adaptations

76. Adaptations.

CHAPTER 3A CERTAIN PERMITTED USES OF ORPHAN WORKS

76A. Certain permitted uses of orphan works

Chapter IV Moral Rights

Right to be identified as author or director

77. Right to be identified as author or director.

78. Requirement that right be asserted.

79. Exceptions to right.

Right to object to derogatory treatment of work

80. Right to object to derogatory treatment of work.

81. Exceptions to right.

82. Qualification of right in certain cases.

83. Infringement of right by possessing or dealing with infringing article.

False attribution of work

84. False attribution of work.

Right to privacy of certain photographs and films

85. Right to privacy of certain photographs and films.

Supplementary

86. Duration of rights.

87. Consent and waiver of rights.

88. Application of provisions to joint works.

89. Application of provisions to parts of works.

Chapter V Dealings with Rights in Copyright Works

90. Assignment and licences.

91. Prospective ownership of copyright.

92. Exclusive licences.

93. Copyright to pass under will with unpublished work.

93A. Presumption of transfer of rental right in case of film production agreement.

Right to equitable remuneration where rental right transferred

93B. Right to equitable remuneration where rental right transferred.

93C. Equitable remuneration: reference of amount to Copyright Tribunal.

Moral rights

94. Moral rights not assignable.

95. Transmission of moral rights on death.

Chapter VI Remedies for Infringement

Rights and remedies of copyright owner

96. Infringement actionable by copyright owner.

97. Provisions as to damages in infringement action.

97A. Injunctions against service providers

98. Undertaking to take licence of right in infringement proceedings.

99. Order for delivery up.

100. Right to seize infringing copies and other articles.

Rights and remedies of exclusive licensee

101. Rights and remedies of exclusive licensee.

101A. Certain infringements actionable by a non-exclusive licensee

102. Exercise of concurrent rights.

Remedies for infringement of moral rights

103. Remedies for infringement of moral rights.

Presumptions

104. Presumptions relevant to literary, dramatic, musical and artistic works.

105. Presumptions relevant to sound recordings and films.

106. Presumptions relevant to works subject to Crown copyright.

107. Criminal liability for making or dealing with infringing articles, &c.

107A. Enforcement by local weights and measures authority.

108. Order for delivery up in criminal proceedings.

109. Search warrants.

110. Offence by body corporate: liability of officers.

Provision for preventing importation of infringing copies

111. Infringing copies may be treated as prohibited goods.

112. Power of Commissioners of Customs and Excise to make regulations.

113. Period after which remedy of delivery up not available.

114. Order as to disposal of infringing copy or other article.

114A. Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland

114B. Forfeiture of infringing copies, etc.: Scotland

115. Jurisdiction of county court and sheriff court.

Chapter VII Copyright Licensing

Licensing schemes and licensing bodies

116. Licensing schemes and licensing bodies.

Orphan works licensing and extended collective licensing

116A. Power to provide for licensing of orphan works

116B. Extended collective licensing

116C. General provision about licensing under sections 116A and 116B

116D. Regulations under sections 116A and 116B

References and applications with respect to licensing schemes

117. Licensing schemes to which following sections apply.

118. Reference of proposed licensing scheme to tribunal.

119. Reference of licensing scheme to tribunal.

120. Further reference of scheme to tribunal.

121. Application for grant of licence in connection with licensing scheme.

122. Application for review of order as to entitlement to licence.

123. Effect of order of tribunal as to licensing scheme.

References and applications with respect to licensing by licensing bodies

124. Licences to which following sections apply.

125. Reference to tribunal of proposed licence.

126. Reference to tribunal of expiring licence.

127. Application for review of order as to licence.

128. Effect of order of tribunal as to licence.

128A. Notification of licence or licensing scheme for excepted sound recordings

128B. References to the Tribunal by the Secretary of State under section 128A

Factors to be taken into account in certain classes of case

129. General considerations: unreasonable discrimination.

130. Licences for reprographic copying.

131. Licences for educational establishments in respect of works included in broadcasts . . . .

132. Licences to reflect conditions imposed by promoters of events.

133. Licences to reflect payments in respect of underlying rights.

134. Licences in respect of works included in re-transmissions.

135. Mention of specific matters not to exclude other relevant considerations.

Use as of right of sound recordings in broadcasts . . .

135A. Circumstances in which right available.

135B. Notice of intention to exercise right.

135C. Conditions for exercise of right.

135D. Applications to settle payments.

135E. References etc. about conditions, information and other terms.

135F. Application for review of order.

135G. Factors to be taken into account.

135H. Power to amend sections 135A to 135G.

Implied indemnity in schemes or licences for reprographic copying

136. Implied indemnity in certain schemes and licences for reprographic copying.

Reprographic copying by educational establishments

137. Power to extend coverage of scheme or licence.

138. Variation or discharge of order extending scheme or licence.

139. Appeals against orders.

140. Inquiry whether new scheme or general licence required.

141. Statutory licence where recommendation not implemented.

Royalty or other sum payable for lending of certain works

142. Royalty or other sum payable for lending of certain works.

Certification of licensing schemes

143. Certification of licensing schemes.

Powers exercisable in consequence of competition report

144. Powers exercisable in consequence of report of Competition and Markets Authority.

Compulsory collective administration of certain rights

144A. Collective exercise of certain rights in relation to cable re-transmission.

Chapter VIII The Copyright Tribunal

The Tribunal

145. The Copyright Tribunal.

146. Membership of the Tribunal.

147. Financial provisions.

148. Constitution for purposes of proceedings.

Jurisdiction and procedure

149. Jurisdiction of the Tribunal.

150. General power to make rules.

151. Costs, proof of orders, &c.

151A. Award of interest.

152. Appeal to the court on point of law.

Chapter IX Qualification for and Extent of Copyright Protection

Qualification for copyright protection

153. Qualification for copyright protection.

154. Qualification by reference to author.

155. Qualification by reference to country of first publication.

156. Qualification by reference to place of transmission.

Extent and application of this Part

157. Countries to which this Part extends.

158. Countries ceasing to be colonies.

159. Application of this Part to countries to which it does not extend

160. Denial of copyright protection to citizens of countries not giving adequate protection to British works.

161. Territorial waters and the continental shelf.

162. British ships, aircraft and hovercraft.

Chapter X Miscellaneous and General

Crown and Parliamentary copyright

163. Crown copyright.

164. Copyright in Acts and Measures.

165. Parliamentary copyright.

166. Copyright in Parliamentary Bills.

166A. Copyright in Bills of the Scottish Parliament.

166B. Copyright in Bills of the Northern Ireland Assembly.

166C. Copyright in proposed Measures of the National Assembly for Wales

166D. Copyright in Bills of the National Assembly for Wales

167. Houses of Parliament: supplementary provisions with respect to copyright.

Other miscellaneous provisions

168. Copyright vesting in certain international organisations.

169. Folklore, &c.: anonymous unpublished works.

Transitional provisions and savings

170. Transitional provisions and savings.

171. Rights and privileges under other enactments or the common law.

Interpretation

172. General provisions as to construction.

172A. Meaning of EEA and related expressions.

173. Construction of references to copyright owner.

174. Meaning of “educational establishment” and related expressions.

175. Meaning of publication and commercial publication.

176. Requirement of signature: application in relation to body corporate.

177. Adaptation of expressions for Scotland.

178. Minor definitions.

179. Index of defined expressions.

Part II Rights in performances

Chapter 1 INTRODUCTORY

180. Rights conferred on performers and persons having recording rights.

181. Qualifying performances.

Chapter 2 ECONOMIC RIGHTS

Performers' rights

182. Consent required for recording, &c. of live performance.

182A. Consent required for copying of recording.

182B. Consent required for issue of copies to public.

182C. Consent required for rental or lending of copies to public.

182CA. Consent required for making available to the public

182D. Right to equitable remuneration for exploitation of sound recording.

183. Infringement of performer’s rights by use of recording made without consent.

184. Infringement of performer’s rights by importing, possessing or dealing with illicit recording.

Rights of person having recording rights

185. Exclusive recording contracts and persons having recording rights.

186. Consent required for recording of performance subject to exclusive contract.

187. Infringement of recording rights by use of recording made without consent.

188. Infringement of recording rights by importing, possessing or dealing with illicit recording.

Exceptions to rights conferred

189. Acts permitted notwithstanding rights conferred by this Chapter.

190. Power of tribunal to give consent on behalf of performer in certain cases.

Duration of rights

191. Duration of rights.

Performers’ property rights

191A. Performers’ property rights.

191B. Assignment and licences.

191C. Prospective ownership of a performer’s property rights.

191D. Exclusive licences.

191E. Performer’s property right to pass under will with unpublished original recording.

191F. Presumption of transfer of rental right in case of film production agreement.

191G. Right to equitable remuneration where rental right transferred.

191H. Equitable remuneration: reference of amount to Copyright Tribunal.

191HA. Assignment of performer’s property rights in a sound recording

191HB. Payment in consideration of assignment

191I. Infringement actionable by rights owner.

191J. Provisions as to damages in infringement action.

191JA. Injunctions against service providers

191K. Undertaking to take licence of right in infringement proceedings.

191L. Rights and remedies for exclusive licensee.

191M. Exercise of concurrent rights.

Non-property rights

192A. Performers’ non-property rights.

192B. Transmissibility of rights of person having recording rights.

193. Consent.

194. Infringement actionable as breach of statutory duty.

Delivery up or seizure of illicit recordings

195. Order for delivery up.

196. Right to seize illicit recordings.

197. Meaning of “illicit recording”.

197A. Presumptions relevant to recordings of performances

198. Criminal liability for making, dealing with or using illicit recordings.

198A. Enforcement by local weights and measures authority.

199. Order for delivery up in criminal proceedings.

200. Search warrants.

201. False representation of authority to give consent.

202. Offence by body corporate: liability of officers.

Supplementary provisions with respect to delivery up and seizure

203. Period after which remedy of delivery up not available.

204. Order as to disposal of illicit recording.

204A. Forfeiture of illicit recordings: England and Wales or Northern Ireland

204B. Forfeiture: Scotland

205. Jurisdiction of county court and sheriff court.

Licensing of performers’ ... rights

205A. Licensing of performers’ ... rights.

Jurisdiction of Copyright Tribunal

205B. Jurisdiction of Copyright Tribunal.

Chapter 3 MORAL RIGHTS

Right to be identified as performer

205C. Right to be identified as performer

205D. Requirement that right be asserted

205E. Exceptions to right

Right to object to derogatory treatment

205F. Right to object to derogatory treatment of performance

205G. Exceptions to right

205H. Infringement of right by possessing or dealing with infringing article

205I. Duration of rights

205J. Consent and waiver of rights

205K. Application of provisions to parts of performances

205L. Moral rights not assignable

205M. Transmission of moral rights on death

205N. Remedies for infringement of moral rights

Chapter 4 QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION

Qualification for protection and extent

206. Qualifying countries, individuals and persons.

207. Countries to which this Part extends.

208. Countries enjoying reciprocal protection.

209. Territorial waters and the continental shelf.

210. British ships, aircraft and hovercraft.

210A. Requirement of signature: application in relation to body corporate

211. Expressions having same meaning as in copyright provisions.

212. Index of defined expressions.

212A. Power to amend in consequence of changes to international law

Part III Design Right

Chapter I Design right in original designs

213. Design right.

214. The designer.

215. Ownership of design right.

216. Duration of design right.

Qualification for design right protection

217. Qualifying individuals and qualifying persons.

218. Qualification by reference to designer.

219. Qualification by reference to employer.

220. Qualification by reference to first marketing.

221. Power to make further provision as to qualification.

Dealings with design right

222. Assignment and licences.

223. Prospective ownership of design right.

224. Assignment of right in registered design presumed to carry with it design right.

225. Exclusive licences.

Chapter II Rights of Design Right Owner and Remedies

Infringement of design right

226. Primary infringement of design right.

227. Secondary infringement: importing or dealing with infringing article.

228. Meaning of “infringing article”.

Remedies for infringement

229. Rights and remedies of design right owner.

230. Order for delivery up.

231. Order as to disposal of infringing articles, &c.

232. Jurisdiction of county court and sheriff court.

233. Innocent infringement.

234. Rights and remedies of exclusive licensee.

235. Exercise of concurrent rights.

Chapter III Exceptions to Rights of Design Right Owners

Infringement of copyright

236. Infringement of copyright.

Availability of licences of right

237. Licences available in last five years of design right.

238. Powers exercisable for protection of the public interest.

239. Undertaking to take licence of right in infringement proceedings.

Crown use of designs

240. Crown use of designs.

241. Settlement of terms for Crown use.

242. Rights of third parties in case of Crown use.

243. Crown use: compensation for loss of profit.

244. Special provision for Crown use during emergency.

Miscellaneous

244A. Exception for private acts, experiments and teaching

244B. Exception for overseas ships and aircraft

245. Power to provide for further exceptions.

Chapter IV Jurisdiction of the Comptroller and the Court

Jurisdiction of the comptroller

246. Jurisdiction to decide matters relating to design right.

247. Application to settle terms of licence of right.

248. Settlement of terms where design right owner unknown.

249. Appeals as to terms of licence of right.

249A. Opinions service

250. Rules.

Jurisdiction of the court

251. References and appeals on design right matters.

252. Reference of disputes relating to Crown use.

Chapter V Miscellaneous and General

Unjustified threats

253. Threats of infringement proceedings

253A. Actionable threats

253B. Permitted communications

253C. Remedies and defences

253D. Professional advisers

253E. Supplementary: proceedings for delivery up etc.

Licensee under licence of right not to claim connection with design right owner

254. Licensee under licence of right not to claim connection with design right owner.

Extent of operation of this Part

255. Countries to which this Part extends.

256. Countries enjoying reciprocal protection.

257. Territorial waters and the continental shelf.

258. Construction of references to design right owner.

259. Joint designs.

260. Application of provisions to articles in kit form.

261. Requirement of signature: application in relation to body corporate.

262. Adaptation of expressions in relation to Scotland.

263. Minor definitions.

264. Index of defined expressions.

Part IV Registered Designs

Amendments of the Registered Designs Act 1949

265. Registrable designs.

266. Provisions with respect to certain designs registered in pursuance of application made before commencement.

267. Authorship and first ownership of designs.

268. Right given by registration of design.

269. Duration of right in registered design.

270. Powers exercisable for protection of the public interest.

271. Crown use: compensation for loss of profit.

272. Minor and consequential amendments.

273. Text of Registered Designs Act 1949 as amended.

Part V Patent Agents and Trade Mark Agents

Patent agents

274. Persons permitted to carry on business of a patent agent.

275. The register of patent attorneys

275A. Regulation of patent attorneys

276. Persons entitled to describe themselves as patent agents.

277. Persons entitled to describe themselves as European patent attorneys, &c.

278. Use of the term “patent attorney”: supplementary provisions.

279. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

280. Privilege for communications with patent agents.

281. Power of comptroller to refuse to deal with certain agents.

Trade mark agents

282. The register of trade mark agents.

283. Unregistered persons not to be described as registered trade mark agents.

284. Privilege for communications with registered trade mark agents.

285. Offences committed by partnerships and bodies corporate.

286. Interpretation.

Part VI Patents

Patents county courts

287. Patents county courts: special jurisdiction.

288. Financial limits in relation to proceedings within special jurisdiction of patents county court.

289. Transfer of proceedings between High Court and patents county court.

290. Limitation of costs where pecuniary claim could have been brought in patents county court.

291. Proceedings in patents county court.

292. Rights and duties of registered patent agents in relation to proceedings in patents county court.

Licences of right in respect of certain patents

293. Restriction of acts authorised by certain licences.

294. When application may be made for settlement of terms of licence.

Patents: miscellaneous amendments

295. Patents: miscellaneous amendments.

Part VII Miscellaneous and General

Circumvention of protection measures

296. Devices designed to circumvent copy-protection.

296ZA. Circumvention of technological measures

296ZB. Devices and services designed to circumvent technological measures

296ZC. Devices and services designed to circumvent technological measures: search warrants and forfeiture

296ZD. Rights and remedies in respect of devices and services designed to circumvent technological measures

296ZE. Remedy where effective technological measures prevent permitted acts

296ZEA. Remedy where restrictive measures prevent or restrict personal copying

296ZF. Interpretation of sections 296ZA to 296ZEA

Rights management information

296ZG. Electronic rights management information

Computer programs

296A. Avoidance of certain terms.

296B. Avoidance of certain terms relating to databases

Fraudulent reception of transmissions

297. Offence of fraudulently receiving programmes.

297A. Unauthorised decoders.

297B. Search warrants

297C. Forfeiture of unauthorised decoders: England and Wales or Northern Ireland

297D. Forfeiture of unauthorised decoders: Scotland

298. Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.

299. Supplementary provisions as to fraudulent reception.

Fraudulent application or use of trade mark

300. Miscellaneous and General

Provisions for the benefit of Great Ormond Street Hospital for Children

301. Provisions for the benefit of Great Ormond Street Hospital for Children.

Financial assistance for certain international bodies

302. Financial assistance for certain international bodies.

303. Consequential amendments and repeals.

304. Extent.

305. Commencement.

306. Short title.

SCHEDULE ZA1

CERTAIN PERMITTED USES OF ORPHAN WORKS

PART 1 GENERAL PROVISIONS

Certain permitted uses of orphan works by relevant bodies

1. (1) A relevant body does not infringe the copyright in...

Meaning of “relevant body”, “relevant work” and “rightholder”

2. (1) In this Schedule “relevant body” means—

Meaning of “orphan work”

3. (1) For the purposes of this Schedule a relevant work...

Mutual recognition of orphan work status

4. A relevant work which is designated as an orphan work...

Diligent searches

5. (1) For the purposes of establishing whether a relevant work...

Further requirements for use of orphan works

6. This Schedule does not prevent the use by a relevant...

End of orphan work status

7. (1) This paragraph applies to a rightholder who has not...

PART 2 SOURCES TO BE SEARCHED DURING DILIGENT SEARCH

SCHEDULE A1

Regulation of licensing bodies

Codes of practice

1. (1) The Secretary of State may by regulations make provision...

2. Regulations under paragraph 1 may make provision as to conditions...

Licensing code ombudsman

3. (1) The Secretary of State may by regulations make provision—...

Code reviewer

4. (1) The Secretary of State may by regulations make provision—...

5. (1) The Secretary of State may by regulations provide for...

6. (1) The Secretary of State may by regulations require a...

7. (1) The power to make regulations under this Schedule includes...

8. References in this Schedule to a licensing body are to...

Copyright: transitional provisions and savings

1. (1) In this Schedule— “the 1911 Act” means the Copyright...

2. (1) In relation to the 1956 Act, references in this...

General principles: continuity of the law

3. The new copyright provisions apply in relation to things existing...

4. (1) The provisions of this paragraph have effect for securing...

Subsistence of copyright

5. (1) Copyright subsists in an existing work after commencement only...

6. (1) Copyright shall not subsist by virtue of this Act...

7. (1) No copyright subsists in a film, as such, made...

8. (1) A film sound-track to which section 13(9) of the...

9. No copyright subsists in— (a) a wireless broadcast made before...

Authorship of work

10. The question who was the author of an existing work...

First ownership of copyright

11. (1) The question who was first owner of copyright in...

Duration of copyright in existing works

12. (1) The following provisions have effect with respect to the...

Perpetual copyright under the Copyright Act 1775

13. (1) The rights conferred on universities and colleges by the...

Acts infringing copyright

14. (1) The provisions of Chapters II and III of Part...

15. (1) Section 57 (anonymous or pseudonymous works: acts permitted on...

16. The following provisions of section 7 of the 1956 Act...

17. Where in the case of a dramatic or musical work...

18. Where a work made before 1st July 1912 consists of...

19. (1) Section 51 (exclusion of copyright protection in relation to...

20. (1) Where section 10 of the 1956 Act (effect of...

Abolition of statutory recording licence

21. Section 8 of the 1956 Act (statutory licence to copy...

22. (1) No act done before commencement is actionable by virtue...

23. (1) The following provisions have effect with respect to the...

24. The right conferred by section 85 (right to privacy of...

Assignments and licences

25. (1) Any document made or event occurring before commencement which...

26. (1) Section 91(1) of this Act (assignment of future copyright:...

27. (1) Where the author of a literary, dramatic, musical or...

28. (1) This paragraph applies where copyright subsists in a literary,...

29. Section 92(2) of this Act (rights of exclusive licensee against...

30. (1) Section 93 of this Act (copyright to pass under...

31. (1) Sections 96 and 97 of this Act (remedies for...

32. Sections 101 and 102 of this Act (rights and remedies...

33. (1) The provisions of section 107 of this Act (criminal...

Copyright Tribunal: proceedings pending on commencement

34. (1) The Lord Chancellor may, after consultation with the Lord...

35. Every work in which copyright subsisted under the 1956 Act...

Dependent territories

36. (1) The 1911 Act shall remain in force as part...

37. (1) This paragraph applies to a country which immediately before...

Territorial waters and the continental shelf

38. Section 161 of this Act (application of Part I to...

British ships, aircraft and hovercraft

39. Section 162 (British ships, aircraft and hovercraft) does not apply...

Crown copyright

40. (1) Section 163 of this Act (general provisions as to...

41. (1) The following provisions have effect with respect to the...

42. (1) Section 164 (copyright in Acts and Measures) applies to...

Parliamentary copyright

43. (1) Section 165 of this Act (general provisions as to...

Copyright vesting in certain international organisations

44. (1) Any work in which immediately before commencement copyright subsisted...

Meaning of “publication”

45. Section 175(3) (construction of building treated as equivalent to publication)...

Meaning of “unauthorised”

46. For the purposes of the application of the definition in...

Rights in performances: permitted acts

1. (1) The provisions of this Schedule specify acts which may...

Making of temporary copies

1A. The rights conferred by this Chapter are not infringed by...

Personal copies of recordings for private use

1B. (1) The making of a copy of a recording of...

Research and private study

1C. (1) Fair dealing with a performance or a recording of...

Copies for text and data analysis for non-commercial research

1D. (1) The making of a copy of a recording of...

Criticism, reviews, quotation and news reporting

2. (1) Fair dealing with a performance or recording for the...

Caricature, parody or pastiche

2A. (1) Fair dealing with a performance or a recording of...

Incidental inclusion of performance or recording

3. (1) The rights conferred by this Chapter are not infringed...

Disabled persons: copies of recordings for personal use

3A. (1) This paragraph applies if— (a) a disabled person has...

Making communicating, making available, distributing or lending of accessible copies by authorised bodies

3B. (1) If— (a) an authorised body has lawful access to...

Making communicating, making available, distributing or lending of intermediate copies by authorised bodies

3C. (1) An authorised body which is entitled to make an...

Accessible and intermediate copies: records

3D. (1) A person listed in sub-paragraph (2) may request an...

Paragraphs 3A to 3D: interpretation and general

3E. (1) This paragraph supplements paragraphs 3A to 3D and includes...

Illustration for instruction

4. (1) Fair dealing with a performance or a recording of...

Playing or showing sound recording, film, or broadcastat educational establishment

5. (1) The playing or showing of a sound recording, film...

Recording by educational establishments of broadcasts

6. (1) A recording of a broadcast, or a copy of...

Copying and use of extracts of recordings by educational establishments

6ZA. (1) The copying of extracts of a recording of a...

Lending of copies by educational establishments

6A. (1) The rights conferred by this Chapter are not infringed...

Lending of copies by libraries or archives

6B. (1) The rights conferred by this Chapter are not infringed...

Libraries and educational establishments etc : making recordings of performances available through dedicated terminals

6C. (1) The rights conferred by this Chapter in a recording...

Copying by librarians: supply of single copies to other libraries

6D. (1) A librarian may, if the conditions in sub-paragraph (2)...

Copying by librarians etc : replacement copies of recordings

6E. (1) A librarian, archivist or curator of a library, archive...

Copying by librarians: single copies of published recordings

6F. (1) A librarian of a library which is not conducted...

Copying by librarians or archivists: single copies of unpublished recordings

6G. (1) A librarian or archivist may make and supply a...

Paragraphs 6B to 6G: interpretation

6H. Expressions used in paragraphs 6B to 6G have the same...

Certain permitted uses of orphan works

6I. (1) The rights conferred by this Chapter are not infringed...

Copy of work required to be made as condition of export

7. (1) If an article of cultural or historical importance or...

Parliamentary and judicial proceedings

8. (1) The rights conferred by this Chapter are not infringed...

Royal Commissions and statutory inquiries

9. (1) The rights conferred by this Chapter are not infringed...

Public records

10. (1) Material which is comprised in public records within the...

Acts done under statutory authority

11. (1) Where the doing of a particular act is specifically...

Transfer of copies of works in electronic form

12. (1) This paragraph applies where a recording of a performance...

Use of recordings of spoken works in certain cases

13. (1) Where a recording of the reading or recitation of...

Recordings of folksongs

14. (1) A recording of a performance of a song may...

Lending of certain recordings

14A. (1) The Secretary of State may by order provide that...

Playing of sound recordings for purposes of club, society, &c

15. Rights in performances: permitted acts

Incidental recording for purposes of broadcast . . .

16. (1) A person who proposes to broadcast a recording of...

Recordings for purposes of supervision and control of broadcasts and other services

17. (1) The rights conferred by this Chapter are not infringed...

Recording for the purposes of time-shifting

17A. (1) The making in domestic premises for private and domestic...

Photographs of broadcasts

17B. (1) The making in domestic premises for private and domestic...

Free public showing or playing of broadcast . . .

18. (1) The showing or playing in public of a broadcast...

Reception and re-transmission of wireless broadcast by cable

19. (1) This paragraph applies where a wireless broadcast made from...

19A. (1) An application to settle the royalty or other sum...

Provision of sub-titled copies of broadcast . . .

20. Rights in performances: permitted acts

Recording of broadcast for archival purposes

21. (1) A recording of a broadcast or a copy of...

SCHEDULE 2A

LICENSING OF PERFORMERS’ ... RIGHTS

1. (1) In this Chapter a “licensing scheme” means a scheme...

Power to provide for licensing of orphan rights

1A. (1) The Secretary of State may by regulations provide for...

Extended collective licensing

1B. (1) The Secretary of State may by regulations provide for...

General provision about licensing

1C. (1) This paragraph and paragraph 1D apply to regulations under...

1D. (1) The power to make regulations includes power—

2. Paragraphs 3 to 8 (references and applications with respect to...

Reference of proposed licensing scheme to tribunal

3. (1) The terms of a licensing scheme proposed to be...

Reference of licensing scheme to tribunal

4. (1) If while a licensing scheme is in operation a...

Further reference of scheme to tribunal

5. (1) Where the Copyright Tribunal has on a previous reference...

Application for grant of licence in connection with licensing scheme

6. (1) A person who claims, in a case covered by...

Application for review of order as to entitlement to licence

7. (1) Where the Copyright Tribunal has made an order under...

Effect of order of tribunal as to licensing scheme

8. (1) A licensing scheme which has been confirmed or varied...

9. Paragraphs 10 to 13 (references and applications with respect to...

Reference to tribunal of proposed licence

10. (1) The terms on which a licensing body proposes to...

Reference to tribunal of expiring licence

11. (1) A licensee under a licence which is due to...

Application for review of order as to licence

12. (1) Where the Copyright Tribunal has made an order under...

Effect of order of tribunal as to licence

13. (1) Where the Copyright Tribunal has made an order under...

General considerations: unreasonable discrimination

14. (1) In determining what is reasonable on a reference or...

Application to settle royalty or other sum payable for lending

15. (1) An application to settle the royalty or other sum...

16. (1) A person operating or proposing to operate a licensing...

17. (1) Sub-paragraph (1A) applies where whatever needs to be remedied,...

Registered designs: minor and consequential amendments of 1949 Act

Section 3: proceedings for registration

1. . . . . . . . . . ....

Section 4: registration of same design in respect of other articles, etc.

2. . . . . . . . . . ....

Section 5: provisions for secrecy of certain designs

3. (1) Section 5 of the Registered Designs Act 1949 is...

Section 6: provisions as to confidential disclosure, etc.

4. . . . . . . . . . ....

Section 9: exemption of innocent infringer from liability for damages

5. In section 9 of the Registered Designs Act 1949 (exemption...

Section 11: cancellation of registration

6. . . . . . . . . . ....

Section 14: registration where application has been made in convention country

7. In section 14 of the Registered Designs Act 1949 (registration...

Section 15: extension of time for application under s.14 in certain cases

8. In section 15(1) of the Registered Designs Act 1949 (power...

Section 16: protection of designs communicated under international agreements

9. . . . . . . . . . ....

Section 19: registration of assignments, &c.

10. In section 19 of the Registered Designs Act 1949 (registration...

Section 20: rectification of the register

11. In section 20 of the Registered Designs Act 1949 (rectification...

Section 22: inspection of registered designs

12. (1) Section 22 of the Registered Designs Act 1949 (inspection...

Section 23: information as to existence of right in registered design

13. For section 23 of the Registered Designs Act 1949 (information...

Section 25: certificate of contested validity of registration

14. In section 25 of the Registered Designs Act 1949 (certificate...

Section 26: remedy for groundless threats of infringement proceedings

15. (1) Section 26 of the Registered Designs Act 1949 (remedy...

Section 27: the court

16. For section 27 of the Registered Designs Act 1949 (the...

Section 28: the Appeal Tribunal

17. (1) Section 28 of the Registered Designs Act 1949 (the...

Section 29: exercise of discretionary powers of registrar

18. In section 29 of the Registered Designs Act 1949 (exercise...

Section 30: costs and security for costs

19. For section 30 of the Registered Designs Act 1949 (costs...

Section 31: evidence before registrar

20. For section 31 of the Registered Designs Act 1949 (evidence...

Section 32: power of registrar to refuse to deal with certain agents

21. Section 32 of the Registered Designs Act 1949 (power of...

Section 33: offences under s.5 (secrecy of certain designs)

22. (1) Section 33 of the Registered Designs Act 1949 (offences...

Section 34: falsification of register, &c.

23. (1) In section 34 of the Registered Designs Act 1949...

Section 35: fine for falsely representing a design as registered

24. (1) Section 35 of the Registered Designs Act 1949 (fine...

Section 35A: offence by body corporate - liability of officers

25. (1) In the Registered Designs Act 1949 after section 35...

Section 36: general power to make rules, &c.

26. (1) Section 36 of the Registered Designs Act 1949 (general...

Section 37: provisions as to rules and Orders

27. (1) Section 37 of the Registered Designs Act 1949 (provisions...

Section 38: proceedings of the Board of Trade

28. Section 38 of the Registered Designs Act 1949 (proceedings of...

Section 39: hours of business and excluded days

29. In section 39 of the Registered Designs Act 1949 (hours...

Section 40: fees

30. In section 40 of the Registered Designs Act 1949 (fees)...

Section 44: interpretation

31. (1) In section 44 of the Registered Designs Act 1949...

Section 45: application to Scotland

32. In section 45 of the Registered Designs Act 1949 (application...

Section 46: application to Northern Ireland

33. (1) Section 46 of the Registered Designs Act 1949 (application...

Section 47: application to Isle of Man

34. For section 47 of the Registered Designs Act 1949 (application...

Section 47A: territorial waters and the continental shelf

35. In the Registered Designs Act 1949, after section 47 insert—...

Section 48: repeals, savings and transitional provisions

36. In section 48 of the Registered Designs Act 1949 (repeals,...

Schedule 1: provisions as to Crown use of registered designs

37. (1) The First Schedule to the Registered Designs Act 1949...

Schedule 2: enactments repealed

38. Schedule 2 to the Registered Designs Act 1949 (enactments repealed)...

The Registered Designs Act 1949 as amended Arrangement of Sections

Registrable designs and proceedings for registration

1. Designs registrable under Act.

2. Proprietorship of designs.

3. Proceedings for registration.

4. Registration of same design in respect of other articles.

5. Provision for secrecy of certain designs.

6. Provisions as to confidential disclosure, &c.

Effect of registration, &c.

7. Right given by registration.

8. Duration of right in registered design.

8A. Restoration of lapsed right in design.

8B. Effect of order for restoration of right.

9. Exemption of innocent infringer from liability for damages.

10. Compulsory licence in respect of registered design.

11. Cancellation of registration.

11A. Powers exercisable for protection of the public interest.

11B. Undertaking to take licence of right in infringement proceedings.

12. Use for services of the Crown.

International arrangements

13. Orders in Council as to convention countries.

14. Registration of design where application for protection in convention country...

15. Extension of time for applications under s.14 in certain cases....

16. Protection of designs communicated under international agreements.

Register of designs, &c.

17. Register of designs.

18. Certificate of registration.

19. Registration of assignments, &c.

20. Rectification of register.

21. Power to correct clerical errors.

22. Inspection of registered designs.

23. Information as to existence of right in registered design.

24. ... ... ... ... ... ... ...

Legal proceedings and appeals

25. Certificate of contested validity of registration.

26. Remedy for groundless threats of infringement proceedings.

27. The court.

28. The Appeal Tribunal.

Powers and duties of registrar

29. Exercise of discretionary powers of registrar.

30. Costs and security for costs.

31. Evidence before registrar.

32. ... ... ... ... ... ... ...

33. Offences under s.5.

34. Falsification of register, &c.

35. Fine for falsely representing a design as registered.

35A. Offence by body corporate: liability of officers.

Rules, &c.

36. General power of Secretary of State to make rules, &c....

37. Provisions as to rules and Orders.

38. ... ... ... ... ... ... ...

Supplemental

39. Hours of business and excluded days.

41. Service of notices, &c., by post.

42. Annual report of registrar.

43. Savings.

44. Interpretation.

45. Application to Scotland.

46. Application to Northern Ireland.

47. Application to Isle of Man.

47A. Territorial waters and the continental shelf.

48. Repeals, savings and transitional provisions.

49. Short title and commencement. Schedules: Schedule 1—Provisions as to the...

4. Registration of same design in respect of other articles, etc.

5. Provisions for secrecy of certain designs.

6. Provisions as to confidential disclosure, etc.

International Arrangements

14. Registration of design where application for protection in convention country has been made.

15. Extension of time for applications under s.14 in certain cases.

Register of designs, etc.

19. Registration of assignments, etc.

Powers and duties of Registrar

34. Falsification of register, etc.

Rules, etc.

36. General power of Secretary of State to make rules, etc.

48. Repeals, savings, and transitional provisions.

49. Short title and commencement.

FIRST SCHEDULE

Provisions as to the Use of Registered Designs for the...

Use of registered designs for services of the Crown

1. (1) Notwithstanding anything in this Act, any Government department, and...

Rights of third parties in respect of Crown use

2. (1) In relation to any use of a registered design,...

Compensation for loss of profit

2A. (1) Where Crown use is made of a registered design,...

Reference of disputes as to Crown use

3. (1) Any dispute as to— (a) the exercise by a...

Special provisions as to Crown use during emergency

4. (1) During any period of emergency within the meaning of...

Withdrawal of application before publication of specification

1. In section 13(2) of the Patents Act 1949 (duty of...

Correction of clerical errors

2. (1) In section 15 of the Patents Act 1977 (filing...

Supplementary searches

3. (1) Section 17 of the Patents Act 1977 (preliminary examination...

4. In section 18 of the Patents Act 1977 (substantive examination...

5. In section 130(1) of the Patents Act 1977 (interpretation), in...

Application for restoration of lapsed patent

6. (1) Section 28 of the Patents Act 1977 (restoration of...

7. After that section insert— Effect of order for restoration of...

8. In consequence of the above amendments— (a) in section 60(6)(b)...

Determination of right to patent after grant

9. (1) Section 37 of the Patents Act 1977 (determination of...

10. In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a)...

Employees’ inventions

11. (1) In section 39 of the Patents Act 1977 (right...

Undertaking to take licence in infringement proceedings

12. (1) Section 46 of the Patents Act 1977 (licences of...

Power of comptroller on grant of compulsory licence

13. In section 49 of the Patents Act 1977 (supplementary provisions...

Powers exercisable in consequence of report of Monopolies and Mergers Commission

14. For section 51 of the Patents Act 1977 (licences of...

Compulsory licensing: reliance on statements in competition report

15. In section 53(2) of the Patents Act 1977 (compulsory licensing:...

Crown use: compensation for loss of profit

16. (1) In the Patents Act 1977, after section 57 insert—...

Right to continue use begun before priority date

17. For section 64 of the Patents Act 1977 (right to...

Revocation on grounds of grant to wrong person

18. In section 72(1) of the Patents Act 1977 (grounds for...

Revocation where two patents granted for same invention

19. In section 73 of the Patents Act 1977 (revocation on...

Applications and amendments not to include additional matter

20. For section 76 of the Patents Act 1977 (amendments of...

Effect of European patent (UK)

21. (1) Section 77 of the Patents Act 1977 (effect of...

The state of the art: material contained in patent applications

22. In section 78 of the Patents Act 1977 (effect of...

Jurisdiction in certain proceedings

23. Section 88 of the Patents Act 1977 (jurisdiction in legal...

Effect of filing international application for patent

24. (1) Section 89 of the Patents Act 1977 (effect of...

25. For section 89 of the Patents Act 1977 (effect of...

Proceedings before the court or the comptroller

26. In the Patents Act 1977, after section 99 (general powers...

27. For section 102 of the Patents Act 1977 (right of...

Provision of information

28. In section 118 of the Patents Act 1977 (information about...

Power to extend time limits

29. In section 123 of the Patents Act 1977 (rules), after...

Availability of samples of micro-organisms

30. In the Patents Act 1977 after section 125 insert— Disclosure...

SCHEDULE 5A

PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES

PART 1 Copyright exceptions

section 29 (research and private study)

section 29A (copies for text and data analysis for non-commercial...

section 31A (disabled persons: copies of works for personal use)”...

section 31B (making and supply of accessible copies by authorised...

section 31BA (making and supply of intermediate copies by authorised...

section 32 (illustration for instruction)

section 35 (recording by educational establishments of broadcasts)

section 36 (copying and use of extracts of works by...

section 41 (copying by librarians: supply of single copies to...

section 42 (copying by librarians etc : replacement copies of...

section 42A (copying by librarians: single copies of published works)...

section 43 (copying by librarians or archivists: single copies of...

section 44 (copy of work required to be made as...

section 45 (Parliamentary and judicial proceedings)

section 46 (Royal Commissions and statutory inquiries)

section 47 (material open to public inspection or on official...

section 48 (material communicated to the Crown in the course...

section 49 (public records)

section 50 (acts done under statutory authority)

section 61 (recordings of folksongs)

section 68 (incidental recording for purposes of broadcast)

section 69 (recording for purposes of supervision and control of...

section 70 (recording for purposes o f time-shifting)

f time-shifting)

section 71 (photographs of broadcasts)

section 75 (recording of broadcast for archival purposes)

PART 2 Rights in performances exceptions

paragraph 1C of Schedule 2 (research and private study) paragraph...

PART 3 Database right exceptions

regulation 20 of and Schedule 1 to the Copyright and...

Provisions for the Benefit of Great Ormond Street Hospital for Children

1. (1) In this Schedule— “ GOSH Children's Charity ” means...

Entitlement to royalty

2. (1) GOSH Children's Charity is entitled, subject to the following...

3. No royalty is payable in respect of—

4. No royalty is payable in respect of anything done in...

Procedure for determining amount payable

5. (1) In default of agreement application may be made to...

Sums received to be held for the benefit of the Hospital

6. The sums received by GOSH Children's Charity by virtue of...

Right only for the benefit of the Hospital

7. (1) The right of GOSH Children's Charity under this Schedule...

Consequential amendments: general

British Mercantile Marine Uniform Act 1919 (c.62)

1. For section 2 of the British Mercantile Marine Uniform Act...

Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)

2. In section 1(5) of the Chartered Associations (Protection of Names...

Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)

3. (1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...

Crown Proceedings Act 1947 (c.44)

4. (1) In the Crown Proceedings Act 1947 for section 3...

Patents Act 1949 (c.87)

5. In section 47 of the Patents Act 1949 (rights of...

Public Libraries (Scotland) Act 1955 (c.27)

6. Consequential amendments: general

London County Council (General Powers) Act 1958 (c.xxi)

7. In section 36 of the London County Council (General Powers)...

Public Libraries and Museums Act 1964 (c.75)

8. Consequential amendments: general

Marine, &c., Broadcasting (Offences) Act 1967 (c.41)

9. Consequential amendments: general

Medicines Act 1968 (c.67)

10. (1) Section 92 of the Medicines Act 1968 (scope of...

Post Office Act 1969 (c.48)

11. In Schedule 10 to the Post Office Act 1969 (special...

Merchant Shipping Act 1970 (c.36)

12. In section 87 of the Merchant Shipping Act 1970 (merchant...

Taxes Management Act 1970 (c.9)

13. In section 16 of the Taxes Management Act 1970 (returns...

Tribunals and Inquiries Act 1971 (c.62)

14. Consequential amendments: general

Fair Trading Act 1973 (c.41)

15. Consequential amendments: general

House of Commons Disqualification Act 1975 (c.24)

16. In Part II of Schedule 1 to the House of...

Northern Ireland Assembly Disqualification Act 1975 (c.25)

17. In Part II of Schedule 1 to the Northern Ireland...

Restrictive Trade Practices Act 1976 (c.34)

18. (1) The Restrictive Trade Practices Act 1976 is amended as...

Resale Prices Act 1976 (c. 53)

19. In section 10(4) of the Resale Prices Act 1976 (patented...

Patents Act 1977 (c. 37)

20. In section 57 of the Patents Act 1977 (rights of...

21. In section 105 of the Patents Act 1977 (privilege in...

22. In section 123(7) of the Patents Act 1977 (publication of...

23. In section 130(1) of the Patents Act 1977 (interpretation), in...

Unfair Contract Terms Act 1977 (c. 50)

24. In paragraph 1 of Schedule 1 to the Unfair Contract...

Judicature (Northern Ireland) Act 1978 (c. 23)

25. In section 94A of the Judicature (Northern Ireland) Act 1978...

Capital Gains Tax Act 1979 (c. 14)

26. Consequential amendments: general

British Telecommunications Act 1981 (c. 38)

27. Consequential amendments: general

Senior Courts Act 1981 (c. 54)

28. (1) The Senior Courts Act 1981 is amended as follows....

29, 30. Consequential amendments: general

Companies Act 1985 (c. 6)

31. (1) Part XII of the Companies Act 1985 (registration of...

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

32. In section 15 of the Law Reform (Miscellaneous Provisions) (Scotland)...

Atomic Energy Authority Act 1986 (c. 3)

33. In section 8(2) of the Atomic Energy Authority Act 1986...

Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3))

34. Consequential amendments: general

Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6))

35. Consequential amendments: general

Income and Corporation Taxes Act 1988 (c. 1)

36. (1) The Income and Corporation Taxes Act 1988 is amended...

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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in  Saregama India Ltd. vs Suresh Jindal And Ors.  that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of  Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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Copyright Assignment

This Copyright Assignment contains the following clauses:

and the following Schedule:

Notification

Morning Rundown: Dems hope Harris can keep Georgia blue, weight loss drug may help slow cognitive decline, and why students are deciding to major in AI

Ready for Kamala? First pro-Harris 2024 effort begins recruiting volunteers

President Joe Biden insists he’s staying in the race, and Vice President Kamala Harris is standing by his side. But that hasn’t stopped the first hints of a pro-Harris shadow campaign from taking shape — with or without her blessing — as Democrats debate the future of their presidential ticket.

A handful of alumni of Hillary Clinton’s and Sen. Bernie Sanders’ 2016 presidential campaigns have come together to form United for Harris , so far the first public-facing effort to promote a potential 2024 presidential campaign for Harris, news of which was shared first with NBC News.

Organizers compare the effort to Ready for Hillary , the group that formed months before the former secretary of state officially entered the 2016 contest, which recruited volunteers who pledged their support as they waited for the formal campaign to begin.

“We just want to put it out there that there are folks who are wanting to rally around the vice president, should Joe Biden step aside,” said Matt Ortega , a Democratic digital strategist who served as digital director for communications on Clinton’s campaign. “The idea is to give some people out there who want Harris to be at the top of the ticket a focal point.”

Ortega said the goals of the group are relatively modest: Give Harris supporters “an actionable thing to do” as they wait for the succession crisis to unfold. And to promote Harris’ potential candidacy with what they hope will be a strong show of support for the vice president.

Ortega said the group does not plan to retain the data it collects or live on in any form beyond this unique moment.

The effort is not authorized by Harris or her team, which has assiduously avoided doing anything that could interpreted as disloyal to Biden.

Harris’ spokesperson declined to comment.

It comes as Democrats are beginning to split into the three camps: Those who want to stick with Biden, those who want to replace him with Harris, and a third group that wants an open nominating process where multiple candidates could compete at next month’s Democratic National Convention in Chicago.

The pro-Harris camp argues that she represents enough change to re-energize Democratic voters and reset the presidential race, while retaining enough continuity from Biden to avoid the potential divisiveness of presidential primary do-over.

“Having worked on the 2016 primary and seeing the 2020 primary, I think reducing that process to a few days creates room for chaos,” Ortega said. “And effectively, Harris was already voted on by the primary voters, so she has democratic legitimacy.”

Harris supporters say Democrats could still get some of the excitement of an open convention through the jockeying for the vice presidential slot, which would need to be filled if Biden steps aside and Harris replaces him atop the ticket.

With polls showing Biden currently trailing former President Donald Trump, Harris supporters say it’s better to take a chance on her rather than stick with a candidate they view as doomed.

“It’s a risk, it’s unprecedented,” United for Harris argues on its website . “But we’re down with just seconds to go in the third quarter, and we know Kamala Harris will make us proud.”

Harris struggled during the 2020 Democratic presidential primary, which she entered with momentum and money before fizzling out disappointingly early.

She had particular issues with progressives that year, and now, some of Biden’s most vocal defenders are coming from the left, including figures like Sanders and Rep. Alexandria Ocasio-Cortez , D-N.Y.

But other progressives have re-evaluated Harris, and the nascent pseudocampaign on her behalf got a big boost Saturday from Sen. Elizabeth Warren, D-Mass., a progressive who ran against both Biden and Harris in the 2020 Democratic primary.

“What gives me a lot of hope right now is that if President Biden decides to step back, we have Vice President Kamala Harris, who is ready to step up to unite the party, to take on Donald Trump and to win,” she said in an interview on MSNBC’s “The Weekend.”

“I’ve known Kamala for nearly 15 years now, back when I was setting up the Consumer Financial Protection Bureau and Kamala was attorney general of California,” Warren added. “We worked side by side to try to fight back against giant banks that were cheating people. Kamala has led the charge in order to fight back against the Republicans that want a nationwide abortion ban.”

Democratic Party rules make it virtually impossible to replace Biden unless he steps aside. And the party is still on track to formally nominate him in a virtual roll call vote during the first week of August. His campaign says he will be back on the stump starting next week after he recovers from Covid.

Alex Seitz-Wald is a senior political reporter for NBC News.

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• Business and industry
• Business regulation
• Intellectual property

Copyright notice: digital images, photographs and the internet

• Intellectual Property Office

Updated 4 January 2021

© Crown copyright 2021

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet/copyright-notice-digital-images-photographs-and-the-internet

What is a Copyright Notice?

Copyright Notices are published by the Intellectual Property Office to help explain specific areas of copyright in the UK. This notice is aimed at small businesses and individuals who may wish to use digital or photographic images on the web. It also provides advice for people who may find their own images being used online.

This notice is not meant as a substitute for legal advice on particular cases, but it can help readers gauge the possible consequences of a particular course of action. It is not a conclusive view of the law – only a decision of the court can deal with that.

Copyright in images and photographs

Photographs, illustrations and other images will generally be protected by copyright as artistic works. This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet.

References to “images” in this Copyright Notice include:

• digital photos taken on mobile phones and digital cameras;
• images that were first generated on photographic film and any digital images created from them; and
• images such as diagrams and illustrations

Please note that some of the issues raised in this Copyright Notice will only apply to photos.

Who owns copyright in an image?

The person who creates an image (“the creator”) will generally be the first owner of the copyright. However, there are various situations in which this is not necessarily the case. For photos, it may depend on when the photo was taken, as different rules may apply if the photograph was taken before 1989. Creators also have what are known as moral rights (see example below on stopping the use of an image if you disapprove).

If an image was created as part of the creator’s employment, rather than by a freelance creator, the employer will generally own the copyright. It is also possible that, in instances where a person has arranged equipment and made artistic decisions prior to taking a photo, but wasn’t the one to press the trigger, the person making the arrangements could own the copyright. An example of this could be where a photographer has made the creative choices in setting up a shot, but got an assistant to actually press the trigger.

The creator of an image may choose to allow a person or organisation to license the work on their behalf, license the copyright directly themselves, or “assign” (transfer) the copyright to another person. The term ‘licensing’ means giving another person or organisation permission to use a work such as an image, often in return for payment and/or on certain conditions for a specific period of time. A Copyright Notice on assigning copyright is available.

What if there is more than one copyright owner?

An image might have multiple copyright owners if there was more than one creator. An example might be a cartoon or illustration created by a number of visual artists, who then jointly license use to a website owner.

This is different from copyright works which contain other, underlying works which are also protected by copyright. For example, if you wanted to use image ‘A’ which also contains image ‘B’, then you would need permission from both owners of image ‘A’ and ‘B’, provided the inclusion of image ‘B’ was not purely incidental (see example below on taking a photo of a copyright work).

Some images which appear on the internet are controlled by picture libraries which either own the copyright in the images or have the copyright owners’ permission to license rights to use the images. The picture libraries normally restrict how the copies of the photos are used as part of their contract terms when they allow people to use the images. The restrictions may not arise out of copyright law: an image library can set terms and conditions of use in respect of images it supplies, including ones which are out of copyright, through a contract. How long does copyright in images or photos last?

Generally speaking, in the UK copyright in images lasts for the life of the creator plus 70 years from the end of the calendar year of their death although the length of the copyright period will depend on when the image was created. That means that images less than 70 years old are still in copyright, and older ones may well be, depending on when the creator died.

For old images or photos, you may never be entirely sure if something is in copyright, but knowing the age of the photo will be a good guide to make an educated guess whether the photo is likely to be protected by copyright. There may be material in the image which helps to date it. For instance, a photo of a particular brand of motorcar may be evidence that the photograph was taken after the first year of manufacture.

More information about the duration of copyright is available in another Copyright Notice.

Are digitised copies of older images protected by copyright?

Simply creating a copy of an image won’t result in a new copyright in the new item. However, there is a degree of uncertainty regarding whether copyright can exist in digitised copies of older images for which copyright has expired. Some people argue that a new copyright may arise in such copies if specialist skills have been used to optimise detail, and/or the original image has been touched up to remove blemishes, stains or creases.

However, according to established case law, the courts have said that copyright can only subsist in subject matter that is original in the sense that it is the author’s own ‘intellectual creation’. Given this criterion, it seems unlikely that what is merely a retouched, digitised image of an older work can be considered as ‘original’. This is because there will generally be minimal scope for a creator to exercise free and creative choices if their aim is simply to make a faithful reproduction of an existing work.

Is permission always required to copy or use an image?

Sometimes permission is not required from the copyright holder to copy an image, such as if the copyright has expired. Permission is also not required if the image is used for specific acts permitted by law (“permitted acts”, or sometimes referred to as “exceptions to copyright” ). People can use copyright works without permission from the copyright owner, such as for private study or non-commercial research, although some exceptions are not available for photographs.

If permission is required to use an image, permission will need to be obtained from all the copyright owners, whether it is a single image with numerous creators, a licensed image, or an image with embedded copyright works. Sometimes there will be one person or organisation that can authorise permission for all the rights in that image; in other cases separate permission may be needed from several individual rights owners.

The creator of a copyright work such as an image will usually have right to be acknowledged when their work has been used, provided they have asserted this right. If you are unsure whether or not the creator has asserted this right, then it is recommended that you provide a sufficient acknowledgement when using their work.

What if I do not know who the copyright owner is?

Copyright does not disappear simply because the owner cannot be found. Works for which one or more of the copyright owners is not known or cannot be located are referred to as “orphan works” .

You may want to try to find an alternative image that can be licensed through the creator or a picture library. If not, and after a diligent search you cannot trace the copyright owner, you may be able to apply for an orphan works licence from the Intellectual Property Office.

The IPO orphan works licensing scheme allows for the commercial and non-commercial use of any type of orphan copyright work. Before making an application for an orphan works licence, you will need to undertake a diligent search for the right holder(s). If you are unable to trace the right holder, you can apply for an orphan works licence using our online application form.

If you believe that a work in which you hold the copyright has been licensed as an orphan work, you can contact the IPO through the orphan works register .

What if there is no © (copyright) symbol, year or name with the image?

The copyright symbol does not have to be present for copyright to exist, so just because there is no name or copyright symbol associated with a photo or image does not mean the image is not protected by copyright.

Sometimes uploading and downloading images causes the associated metadata to be removed accidentally. Metadata is embedded within the image and can give details of the copyright owner. Deliberate removal of metadata that identifies the copyright owner is unlawful.

Is there any way I can be completely safe when I use an image from the internet?

The vast majority of images on the internet are likely to be protected by copyright, so it is only safe to use it if you have specific permission to do so through a licence; or your particular use is specifically permitted in the terms and conditions of the website supplying the image and this is the copyright owner’s website or another website which has the copyright owner’s permission to allow other people to use an image; or if you have established that copyright has expired; or if you are using the image in a way which is covered by a permitted act/exception to copyright (see above). The use of licensed images is usually much safer than using unlicensed images which offer no protection against infringement.

What are the consequences of copyright infringement?

When someone infringes copyright, there are various courses of action that could be taken by the individual or organisation that owns or administers the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing.

Court cases can be expensive, as they often result in the user of the image paying the cost to use the photo, plus legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement, which may amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down and permanently remove all copies of the image from websites as well, unless permission from the copyright owner is secured.

Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution.

Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and subsequently being pursued through the courts.

I want to use my own images on the internet

If you have created the images yourself, you are generally free to use them as you wish.

However, there are some instances where you may not do what you like which includes situations where:

• you are an employee working for a business or individual, and create images during the course of your employment (you would need the employer’s permission);
• you take a photo of a work that is protected by copyright (for example, taking a photo of a painting at a modern art gallery) – this could result in your photo itself being an infringement of copyright;
• you have agreed that the copyright in images you have created will belong to someone else;
• you have been commissioned to take photos by a third party for private and domestic purposes (for example, wedding photographs) and you do not have their permission to put them on the internet;
• you have granted an exclusive licence to someone else; or
• you have agreed to the terms of a non-disclosure agreement, embargo or other contract which restricts or prohibits such action

I want to stop someone using the image I created in a way I do not approve of or have not approved

If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner.

Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. This may save you time and money, and it may be necessary to show a court that you have tried to solve the matter with the other party. Mediation is one way of resolving an issue before starting court proceedings. The IPO offers a mediation service which can help to resolve intellectual property disputes – including copyright – without going to court.

If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage.

Besides infringing your copyright, it is also possible that somebody may infringe your ‘moral rights’, which are legal rights enforceable by the authors of copyright works.

When people use your images, they should do so respectfully, even if they have your permission to use them. If you have ‘asserted’ your ‘moral right’ to be credited for creating the photo, then that user should acknowledge you as the creator.

Such an assertion is often made by written contract or may be embedded in the image with metadata.

As the creator, you will also have the moral right to object if people alter your work in a way that is negative to your reputation (known as “derogatory treatment”). If you take the matter to court, you would usually need to establish evidence that your reputation may have been harmed.

I want to take a photo of a copyright work and use it

If someone takes a photo, copyright can exist in that photo. If someone takes a photo of a work protected by copyright, and the work forms an essential part of the image, using that photo on the web is likely to be an infringement of copyright. In other words, people are allowed to take a photo of a room of paintings, provided the inclusion of such paintings in the photo was merely incidental (e.g. they formed inessential background). However, you would need to be careful about copyright infringement if taking photos of specific paintings.

Taking a photo of something that is not protected by copyright is not an infringement of copyright – for example, taking photos of animals, landscapes or works for which copyright has expired.

I want to take photos of sculptures and buildings located in public spaces You do not need permission to photograph buildings, sculptures and similar works on public display in public spaces. The photographs you take are afforded full copyright protection. This means you, as the photographer, are able to commercially use your work.

However, as outlined above, care should be taken when taking photos of two-dimensional graphical works such as posters or commissioned murals which are located in public places. Making copies of those works could harm the interests of creators, and could be an infringement of copyright.

I want to use images sent to me by a friend or family member

You need to treat these images as you would any other images and would usually need to ask for permission.

For example, photographs taken by a relative from a recent family event would need permission from the creator to use online.

I want to use images I found on the web

Images that have been found on the web may be used in the following situations:

• you know the copyright term has expired;
• you have permission from the copyright owner for exactly what you want to do with it (for example, to display it on your website) - this may be in the form of something like a licence you purchase from a picture library or a Creative Commons Licence ; or
• you use the images for specific purposes known in law as permitted acts

I want to use images on my own personal website or for an online school project

Permission will usually be required because you are copying the images and communicating them to the public – but there may be photos available for you to use without payment, just check the details of the permission if you obtain it from a picture library, for example.

I want to use images I found on the web on a commercial website

You will generally need to seek permission before you do so. There are licences which you can obtain to use images for commercial purposes, such as advertising your business on a website, and usually you will have to pay a higher fee than for non-commercial use. Be aware that some Creative Commons licences are for non-commercial use only, so it is important to check the licence terms if using Creative Commons-licensed material.

I want to link to images I found online

Sharing or posting a simple web link to pages where images have been posted publicly online by the copyright owner is usually not restricted by copyright.

The courts have ruled that internet users should be free to share links to material, for example photos or videos, providing the material itself has been published online with the permission of the rights holder. The right to share links however does not go as far as allowing users to share links that are designed to circumvent paywalls or other subscription only services.

Copying images and then hosting them on another website however will usually amount to copyright infringement. You should ask permission from the copyright owner before using images in this way.

I want to use photos taken for me by a professional photographer

Where you commission a professional to take photographs on your behalf, for example wedding photographs, the copyright will usually remain with the photographer. This means that you need to get the photographer’s permission before printing further copies of the images, sharing them with your friends or family, or undertaking other acts restricted by copyright such as posting the images to social media sites.

Many photographers will include licence terms setting out exactly what use you may make of images in their contract with you. If you have specific uses in mind, you should ensure these are discussed before contracts are settled. You could also agree with the photographer that the copyright will be assigned to you – this would be done by having a written and signed contract with the photographer saying you had bought the copyright from them. Depending on your needs, a less expensive solution may be to pay for a licence.

Where a photograph is commissioned for private and domestic purposes, the commissioner does have a right that the photographs will not be issued to the public without their permission. This means that, although a wedding photographer may own the copyright in images of your wedding, they should not post them on their website or exhibit them in public without your permission.

I want to stop other people using photos that I uploaded on a social media website

When you join a social media website you should check that website’s terms and conditions to ensure that they are not allowing the website operator to do something with your photographs that you do not want. Their terms and conditions may allow them to use your images for commercial purposes or make your images available for others to use, without your prior permission or notice.

If people are already using your photos and you agreed to a condition that permitted such use, you can ask the website operator to take the photographs off the site, but they may not agree to do so. If this were to happen to you, you may also want to consider what rights you may have under other areas of law (for example, privacy or defamation).

I want to create a new artwork from an image I found on the internet

For an infringement of copyright to occur, it is not necessary that a work is copied in its entirety – copying a ‘substantial’ part of a work will also infringe. Taking an existing image and making an adaptation of it without permission will usually be an infringement of copyright.

In determining if a part is ‘substantial’ the courts have said that what matters is whether the piece that has been used (however small) could be said to be the author’s own ‘intellectual creation’ (i.e. something that could qualify for copyright protection in its own right). Ultimately, only a court would have the authority to determine whether a given use is an infringement. However, it is worth bearing in mind that the courts tend to interpret the term ‘substantial part’ broadly, so even taking a relatively small part of a work can be regarded as infringement. It is worth being aware that such adaptations may be permitted if they fall within the scope of the permitted acts of parody, caricature or pastiche.

Who owns the copyright in commissioned images?

As stated above, if an image is created by an employee in the course of their employment, the employer is the first owner of copyright, unless there has been some agreement to the contrary.

However, when an organisation commissions a third party (such as a freelance photographer, illustrator, artist or cartoonist) to create an image, the first legal owner of copyright will usually be the person or business that created the image, unless there has been some agreement to the contrary.

When an image is commissioned for a specific use, any additional use beyond the terms of that licence will require an additional licence for example, an image commissioned for one purpose or media is subsequently wanted for use for another purpose. Just because a licence exists for one does not automatically permit the use for another, so an additional licence is required.

Sometimes when copyright is not dealt with in the contract to commission the image, courts may be willing to find that there is an implied licence allowing the commissioner to use the image for the purpose for which it was commissioned. This does not normally result in a transfer of ownership. Instead, the commissioner of the work may only get a limited non-exclusive licence.

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