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73-751: The Copyright, Designs and Patents Act 1988 (c. 48), also known as the CDPA , is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights ) in the United Kingdom , which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right , and contains

146-438: A perpetual copyright , it does not confer Great Ormond Street Hospital full intellectual property rights over the work. The amendment was proposed when Peter Pan's copyright first expired on 31 December 1987, 50 years after Barrie's death, which was the copyright term at that time. Following EU legislation extending the term to author's life + 70 years, Peter Pan's copyright was revived in 1996 and expired on 31 December 2007 in

219-670: A continuation of the tribunal established under s. 23 of the 1956 Act (s. 145). The Tribunal is empowered (s. 149) to hear and determine proceedings concerning: An appeal on any point of law lies to the High Court , or to the Court of Session under Scots law . Part III of the Act creates a " design right " separate from the registration of designs governed by the Registered Designs Act 1949 . To qualify,

292-400: A design document is not infringed by making or using articles to that design, unless the design is an artistic work or a typeface (s. 51). If an artistic work has been exploited with permission for the design by making articles by an industrial process and marketing them, the work may be copied by making or using articles of any description after the end of a period of twenty-five years from

365-520: A directive in theory but has failed to abide by its provisions in practice. If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke

438-403: A further period of commercial exploitation. Some legal commentators have doubted whether the legislation will have the desired effect. They contend that many mass-produced items of 20th-century industrial furniture may not be defined by the courts of the United Kingdom as works of artistic craftsmanship but as mere designs. A design that is not an artistic work attracts no copyright protection under

511-399: A literary, dramatic or musical work until it is recorded in writing or otherwise. This act of recording a work in any form is called "fixation." An example includes taking a photograph or writing down a poem. This fixes the work retrospectively from the moment the work was created. The Act as it received royal assent does not substantially change the qualification requirements of the author or

584-424: A number of modifications to the law of the United Kingdom on Registered Designs and patents . Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works). In order for a creation to be protected by copyright it must fall within one of

657-401: A number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to

730-466: A private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all

803-405: A reasonable proportion of a literary, artistic or musical work to individuals who request them for the purposes of private study or research (ss. 38–40); copying of the entire work is possible if it is unpublished and the author has not prohibited copying (s.–43). They may also make and supply copies to other libraries (s. 41) and make copies of works in their possession where it

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876-861: A regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC ). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to

949-583: A regulation: (i) it complies with the EU's desire for "subsidiarity" ; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak " terminology. For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been

1022-610: A result of the provisions of section 52 of the Copyright, Designs and Patents Act 1988. The Enterprise and Regulatory Reform Act 2013 was introduced into Parliament on 23 May 2012 and received royal assent the next year in April. If section 56(2) of the Bill is enacted then artistic works that are mass-produced by the copyright holder will benefit from the same period of protection as those not replicated in large numbers. The result will be

1095-483: A significant extension from 25 years to that of the life of the creator plus 70 years. The proposed change is a reaction to pressure from the international furniture industry supported by manufacturers of decorative arts: copyright holders of many famous and much copied 20th century furniture design classics such as the Egg Chair and Barcelona Daybed hope that long expired copyright periods will be revived allowing for

1168-526: A specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in the United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through

1241-540: A specific regime of moral rights for the first time in the United Kingdom: previously, an author's moral right had to be enforced through other torts , e.g. defamation , passing off , malicious falsehood . The author's moral rights are: The moral rights of an author cannot be transferred to another person (s. 94) and pass to their heirs on his death (s. 95): however, they may be waived by consent (s. 87). The right to object to false attribution of

1314-498: A work lasts for twenty years after the author's death. The other moral rights last for the same period as the other copyright rights in the work (s. 86). There are some narrow exceptions to moral rights. For example, s. 79 states that the right to be named as author does not apply in relation to computer programs, design of a typeface, or any other computer generated work. Additionally, the right to object to any derogatory treatment, does not apply to computer programs, works made for

1387-487: Is a criminal offence (s. 107). Copyright owners may ask the HM Revenue and Customs to treat infringing copies as "prohibited goods", in which case they are prohibited from import (s. 111). Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required. Section 300 creates the offense of fraudulently using a trademark, inserted as ss. 58A–58D of

1460-538: Is a criminal offense (s. 198), as is the false representation of authority to give consent (s. 201). The provisions on duration have been largely modified by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. The provisions of the 1988 Act (ss. 12–15) as it received Royal Assent are given below. All periods of copyright run until the end of the calendar year in which they would otherwise expire. The duration of copyright under

1533-479: Is dependent on the defendant knowing or having reason to believe, that the activities in question are wrongful. This question of requisite knowledge is determined objectivity. Copyright infringement that may be criminal offences under the Copyright, Designs and Patents Act 1988 are the: The penalties for these copyright infringement offences may include: The Act establishes the Copyright Tribunal as

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1606-625: Is not reasonably possible to purchase further copies (s. 42). The detailed conditions for making copies are contained in secondary legislation, currently the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No. 1212. Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purposes of a Royal Commission or statutory inquiry (ss. 45, 46). The Crown may make copies of works which are submitted to it for official purposes (s. 48). Material which

1679-541: Is only permitted within the limit of 5% of the work per year (s. 36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s. 34): the parents of pupils are considered members of the public unless they have some other connection with the establishment there are different things too.(e.g., by being teachers or governors). Further provisions are contained in secondary legislation. Librarians may make and supply single copies of an article or of

1752-732: Is open to public inspection or on an official register may be copied under certain conditions: this includes material made open to public inspection by the European Patent Office and by the World Intellectual Property Organization under the Patent Cooperation Treaty , and material held as public records under the Public Records Act 1958 c. 51 or similar legislation (s. 49). The Act creates

1825-609: Is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in the House of Commons, or S- if they originate in

1898-722: The Berne Convention for the Protection of Literary and Artistic Works , which the UK signed more than one hundred years previously, and allowed the ratification of the Paris Act of 1971. Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. 157); amendments by Order in Council extended the Act to Bermuda and Gibraltar . Works originating (by publication or nationality/domicile of

1971-505: The European Communities Act 1972 in order to implement European Union directives in UK law. Also: Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by

2044-575: The Organisation of American States are protected for fifty years after creation (s. 168, Copyright (International Organisations) Order 1989 No. 989). Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s. 96) or, in the case of infringement of moral rights , as the tort of breach of statutory duty (s. 103). Damages will not be awarded against an "innocent" defendant, i.e. one who did not know and had no reason to know that

2117-658: The Trade Marks Act 1938 c. 22. The Copyright and Related Rights Regulations 2003 amended the CDPA to provide an additional right of performers to require consent before making copies of their performances available to the public by electronic transmission. The act codifies the principle of secondary infringement, that is knowingly enabling or assisting in the infringement of copyright, which had previously been applied at common law (see R v Kyslant ). Secondary infringement covers: Liability for secondary infringement

2190-526: The co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council —composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. There are justifications for using a directive rather than

2263-523: The public interest defence , are not affected (s. 171), although many of the statutory permitted acts would also qualify under one of the common law defences: the defence of statutory authority is specifically maintained in section 50. This chapter of the Act has been substantially modified, notably by the Copyright and Related Rights Regulations 2003 No. 2498 transposing the EU Information Society Directive :

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2336-406: The 1956 Act: — however these transitional provisions were largely cancelled by the 1995 Regulations, which in many cases caused lapsed UK copyrights to be revived. Copyright in the following types of work lasts until 31 December 2039: Artistic works that are mass-produced by an industrial process suffer from a downgrading of their copyright term from the life of the creator plus 70 to 25 years as

2409-526: The 1988 Act does not depend on the initial owner of the copyright, nor on the country of origin of the work. The following durations do not apply to Crown copyright, Parliamentary copyright or the copyright of international organisations . Note that the Duration of Copyright and Rights in Performances Regulations 1995 amended the durations, for films only, to seventy years from the death of the last principal director, author or composer. If

2482-461: The 1988 Act. Section 301 and Schedule 6 contain an unusual grant of the right to royalties in perpetuity, proposed by Jim Callaghan , enabling Great Ormond Street Hospital for Children to continue to receive royalties for performances and adaptations, publications and broadcast of " Peter Pan " whose author, J. M. Barrie , had given his copyright to the hospital in 1929, later confirmed in his will. Although often incorrectly referred to as

2555-521: The Imperial Copyright Act of 1911, or the 1956 Acts continue to qualify under this Act (para. 4(3) of Schedule 1). The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs. The following works are exempted from copyright by the transitional provisions of Schedule 1: Finally, section 3(2) states that copyright does not subsist in

2628-670: The Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to

2701-698: The Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. European Union directive A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made

2774-526: The Registered Designs Act 1949 is included (s. 273, Schedule 4). Part V of the act provides for the registration of patent agents and trade mark agents and for the privilege of their communications with clients from disclosure in court. Part VI of the act creates a system of patents county courts for proceedings involving patents which are of a lesser financial implication. There are numerous commencement dates for

2847-589: The Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In the Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In

2920-399: The UK, where Great Ormond Street Hospital's right to remuneration in perpetuity now prevails. Chapter III of Part I of the Act provides for a number of situations where copying or use of a work will not be deemed to infringe the copyright, in effect limitations on the rights of copyright holders. The existing common law defences to copyright infringement, notably fair dealing and

2993-412: The amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading,

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3066-437: The appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with

3139-567: The author from any derogatory treatment of the work in question. The act simplifies the regime of Crown copyright , that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. It also creates the separate concept of parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament , and applies similar rules to

3212-577: The author) in the Isle of Man or the following former dependent territories qualify for copyright under the Act: Antigua , Dominica , Gambia , Grenada , Guyana , Jamaica , Kiribati , Lesotho , St. Christopher-Nevis , St. Lucia , Swaziland and Tuvalu . All other countries of origin whose works qualified for United Kingdom copyright under the UK Copyright Act 1911 , also known as

3285-423: The calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example the 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be

3358-519: The copyrights of certain international organisations. Crown copyright last for fifty years after publication, or 125 years after creation for unpublished works (s. 163): however, no unpublished works of the Crown will come into the public domain until 31 December 2039, that is fifty years after the commencement of section 163. Acts of the United Kingdom and Scottish parliaments and Church of England measures are protected by Crown copyright for fifty years from royal assent (s. 164). Works of

3431-694: The country of origin of the work, which are restated as ss. 153–156: these have since been largely modified, in particular by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961. These rights are retrospective in respect of performances before commencement on 1 August 1989 (s. 180). These rights have been largely extended by

3504-458: The description below is of the Act as it received royal assent. The following are also permitted acts (the list is not exhaustive): In general, limited copying for educational use (including examination) is permitted so long as it is ' fair dealing ' and is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35): however, reprographic copying of published editions

3577-477: The design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s. 213(3)): The design must be recorded in a document after 1989-08-01 (s. 213(6)): designs recorded or used before that date do not qualify (s. 213(7)). The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s. 216). The copyright in

3650-472: The different sections of the Act, detailed below. The provisions on copyright, rights in performances and design right came into force on 1 August 1989, while the registration of patent agents and trade mark agents came into force on 13 August 1990. The Copyright, Designs and Patents Act 1988 (Commencement No. 2) and (Commencement No. 3) Orders 1989 are technical measures to allow the preparation of secondary legislation. The following regulations were made under

3723-558: The directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice . This may also happen when a member state has transposed

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3796-400: The duration of the registered design right (ss. 1 & 8 of the 1949 Act) are notably modified. Provisions are also added to allow ministers to take action to protect the public interest in monopoly situations (s. 11A of the 1949 Act) and to provide for compensation for Crown use of registered designs (para. 2A to Schedule 1 to the 1949 Act). A consolidated version of

3869-408: The end of the calendar year when such articles were first marketed (s. 52). It is not an infringement of the copyright in a typeface to use it in the ordinary course of printing or to use the material produced by such printing (s. 54). Part IV of the Act contains a certain number of amendments to the Registered Designs Act 1949 c. 88. The criteria for registration of a design and

3942-529: The end of the year in which the performance was given (s. 191). They may not be assigned or transferred, and pass to the performer's executors on death (s. 192). An infringement of rights in performances is actionable under the tort of breach of statutory duty . Orders are available for the delivery up ( Scots law : delivery) and disposal of infringing copies (ss. 195, 204): holders in rights in performances may also seize such copies (s. 196). The making, dealing in or use of infringing copies

4015-583: The exception of directives related to the Common Agricultural Policy , directives are addressed to all member states. When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition ) in order for

4088-404: The film is of unknown authorship: seventy years from creation, or if released within this period, seventy years from first release. These provisions apply to works existing on 1 August 1989, other than those covered by Crown copyright or Parliamentary copyright (paras. 12 & 13 of Schedule 1). The duration of copyright in the following types of work continued to be governed by

4161-595: The following categories of work: literary work, dramatic work, musical work, artistic work, films, sound recordings, broadcasts, and typographical arrangement of published editions. Part 1 of the Act "restates and amends" (s. 172) the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 (c. 46) and 1956 (c. 74) continue to have some effect in limited circumstances under ss. 170 & 171 and Schedule 1. It brings United Kingdom law into line with

4234-475: The following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by the Parliament of England did not originally have titles, and could only be formally cited by reference to

4307-420: The goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to

4380-534: The government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into

4453-559: The motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that the clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it

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4526-426: The parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since the mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to

4599-485: The parliaments of the United Kingdom and of Scotland, except bills and acts, are protected by parliamentary copyright for fifty years after creation: bills are protected from the date of their introduction to the date of royal assent or of rejection (ss. 165–167, Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676). The works of the United Nations and its specialised agencies and of

4672-457: The performer's consent (s. 183) and the import or distribution of illicit recordings (s. 184) are also infringements of the performer's rights. A person having an exclusive recording contract over one or more performances of an artist holds equivalent rights to the performer himself (ss. 185–188). Schedule 2 lists the permitted acts (limitations) in relation to these rights. Rights in performances last for fifty years from

4745-818: The provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98). The United Kingdom passed a statutory instrument , the Unfair Terms in Consumer Contracts Regulations 1994 , to implement the EU Unfair Terms in Consumer Contracts Directive 1993 . For reasons that are not clear, the 1994 SI

4818-414: The reporting of current events, newspaper publications, or collective works of reference (s. 81). Once someone has successfully claimed their moral rights to be infringed, they are entitled to a remedy. As moral rights are non-economic in nature, damages would be for non-economic loss. For example, this might include a remedy imposed by the court that requires the defendant to issue a disclaimer dissociating

4891-459: The result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. The Council can delegate legislative authority to the Commission and, depending on the area and

4964-477: The same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e.,

5037-477: The sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which the relevant parliamentary session met. This has been replaced in most territories by simple reference to

5110-467: The transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty : the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself. A performer has the exclusive right to authorise the recording and/or broadcast of his performances (s. 182). The use or broadcast of recordings without

5183-573: The whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to the law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through

5256-452: The work was under copyright, but other remedies (e.g. injunction , account of profits : Scots law interdict, accounting and payment of profits) continue to be available (s. 97, see Microsoft v Plato Technology ). Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss. 99, 114): copyright owners may also seize such copies (s. 100). The making, dealing in or use of infringing copies

5329-437: Was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999 . The Consumer Rights Act 2015 , a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. Even though directives were not originally thought to be binding before they were implemented by member states,

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