Copyright and Related Rights Regulations 2003

The Copyright and Related Rights Regulations 2003 transpose Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society,
often known as the EU copyright directive, into United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

law. As such, its main effects are to modify the
Copyright, Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988 , also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been...

c. 48 ("the 1988 Act") with minor consequential modifications to other
Acts

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

and secondary legislation

Statutory Instrument

A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...

.

The regulations modify the concept of broadcast and broadcasting to take account of development in the internet

Internet

The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

; restrict
the acts which are permitted without infringing copyright (in particular acts which could be performed commercially); and
provide new measures for the protection and enforcement of copyright and performers' rights.

The European Commission

European Commission

The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

was unsatisfied with the transposition of the directive, and brought proceedings against the
United Kingdom in the European Court of Justice

European Court of Justice

The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...

Broadcasts

Regulation 4 provides a new definition of "broadcast" in section 6 of the 1988 Act as

an electronic transmission of visual images, sounds or other information which—

(a) is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b) is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

Internet transmissions are excepted from the definition of a broadcast unless they are transmitted simultaneously with a broadcast by other means, simultaneously with a live event or form part of a service in which programmes are transmitted at specific times determined solely by the person providing the service.

The new definition covers the old definitions of broadcast and of "cable programme" (s. 7 of the 1988 Act). However the
separate definition of cable programme is kept as there is a distinction in the dates at which copyright becomes available:
1995-01-01 for cable programmes as opposed to 1956-06-01 for broadcasts under the previous definition.

Communication to the public

The previous "infringement by broadcasting or inclusion in a cable programme" (s. 20 of the 1988 Act) is replaced by a
new "infringement by communication to the public" (reg. 6). This includes both broadcasting (under the new definition)
and making a work available to the public by electronic transmission. A performer's rights are also infringed if his
performance is made available to the public without his consent (reg; 7; new s. 182CA of the 1988 Act).

Permitted acts

Neither copyright (except in a computer program or a database) nor performer's rights are infringed by the
simple act of transmitting the work between third parties over a network, even if the process of transmission involves
making temporary copies (reg. 8)

Fair dealing for the purposes of research or private study (s. 29 of the 1988 Act) is only permitted if it is for a non-commercial purpose (reg. 9). A similar restriction is imposed on permitted copying by librarians (ss. 38, 39, 43 of the 1988 Act; reg. 14) or archivists of folksongs (s. 61 of the 1988 Act; reg. 16) for third parties. The observation or study of the functioning of a computer program are removed from the remit of fair dealing (reg. 9) and replaced by a statutory permission to study the functioning of the program while legally performing any of the acts of loading, displaying, running, transmitting or storing the program (reg. 15; new s. 50BA of the 1988 Act). Fair dealing for the purposes of criticism, review or news reporting is only possible in works which have been made available to the public (reg. 10).

The permitted use without a licence of copyright material for educational use (ss. 32, 35, 36 of the 1988 Act) is restricted to non-commercial purposes (regs. 11–13).

Regulation 18 removes the permission to use third parties (e.g. outside DJs) to play sound recordings for the purposes of a non-commercial club or society (s. 67 of the 1988 Act).

The public showing or playing of broadcasts of music without a licence (s. 72 of the 1988 Act) is no longer permitted (these become "excluded sound recordings"), and the Secretary of State is enabled to propose a licensing scheme covering such public showing or playing, which may be compulsory (reg. 21).

Technical measures

Regulation 24 creates a new property right in respect of copyright works to which technical devices or measures have
been applied. This right is held concurrently by

any person issuing copies of the work to the public or communicating the work to the public; and
the owner of the copyright in the work, or his exclusive licensee; and
the owner of any intellectual property right in the technical device or measure, or his exclusive licensee.

who have the same rights against an infringement of this right as the owner of copyright has against infringement of copyright,
including delivery up and seizure

Seizure

An epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...

. The right is infringed

with respect to protected computer programs, by a person who "manufactures for sale or hire, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire or has in his possession for commercial purposes" any means "the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device" or who publishes information intended to enable or assist other in removing or circumventing the technical device (new s. 296 of the 1988 Act);
with respect to other protected works, by a person who knowingly circumvents the technical measures (new s. 296ZA of the 1988 Act);
by a person who manufactures, imports, distributes, sells or advertises any device or product which, or provides services which
- are promoted or marketed for the purpose of circumventing such measures; or
- have only limited commercial significance beyond circumventing such measures; or
- are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of such measures (new s. 296ZD of the 1988 Act).

The new section 296ZB creates the criminal offenses of

manufacturing for sale or hire, importation, sale or distribution of devices or products which are primarily designed or adapted for the purpose of the circumvention of technological measures;
providing, promoting, advertising or marketing a service the purpose of which is to enable or facilitate the circumvention of technical measures.

The new section 296ZC allows the use of search warrant

Search warrant

A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....

s and forfeiture

Asset forfeiture

Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...

with respect to these offenses.

The new section 296ZE creates a remedy via complaint to the Secretary of State

Secretary of State (United Kingdom)

In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....

if a technical device or measure prevents
a person or group of people from carrying out a permitted act with relation to the work. The Secretary of State may issue a
direction to the owner of the copyright to take such measures as are necessary to enable the permitted act to be carried out.
The breach of such a direction is actionable as a breach of statutory duty.

Rights management information

Regulation 25 creates a new property right in respect of electronic rights management information

Digital rights management

Digital rights management is a class of access control technologies that are used by hardware manufacturers, publishers, copyright holders and individuals with the intent to limit the use of digital content and devices after sale. DRM is any technology that inhibits uses of digital content that...

. This right is held
concurrently by

any person issuing copies of the work to the public or communicating the work to the public; and
the owner of the copyright in the work, or his exclusive licensee; and

who have the same rights against an infringement of this right as the owner of copyright has against infringement of copyright,
including delivery up and seizure

Seizure

. The right is infringed by

the person who knowingly removes electronic copyright management information which is associated with a copy of a copyright work, or appears in connection with the communication to the public of a copyright work;
the person who knowingly distributes or communicates to the public copies of a work from which electronic rights management information has been removed.

Enforcement of copyright and performer's rights

The infringement of copyright or performer's rights by making a work available to the public in the course of a business or
to an extent which prejudicially affects the copyright owner becomes a criminal offense (reg. 26; new s. 107(2A)
of the 1988 Act)

A copyright holder may obtain an injunction

Injunction

An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

(Scots law

Scots law

Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

: interdict) against an internet service provider

Internet service provider

An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...

(ISP) who
has "actual knowledge" of another person using their service to infringe copyright or a performer's right. In determining whether the ISP has
actual knowledge of the infringing use, the High Court

High Court of Justice

The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

(or Court of Session

Court of Session

The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

in Scotland) shall take into account all
matters which appear to be relevant, in particular whether the ISP has received notification under regulation 6(1)(c) of
the Electronic Commerce (EC Directive) Regulations 2002 No. 2013 (reg. 27; new ss. 97A,
191JA of the 1988 Act).

Regulation 28 extends the right to bring action for infringement of copyright to non-exclusive licensees (it was
previously limited to copyright owners and exclusive licensees) when the infringement is directly connected to a prior
licenced act by the licencee and the licence expressly grants a right of action (new s. 101A of the 1998 Act).
The non-exclusive licensee shall have the same rights and remedies as the copyright owner would have in any action.
The right of the non-exclusive licensee to bring action is concommitant with that of the copyright owner.

Duration of protection

Regulation 29 amends section 13A of the 1988 Act to take account of the new definition of "communication to the public" so that the copyright in sound recordings expires:

at the end of the period of fifty years from the end of the calendar year in which the recording is made, or
if during that period the recording is published, fifty years from the end of the calendar year in which it is first published, or
if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, fifty years from the end of the calendar year in which it is first so made available,

without considering any unauthorized acts.

External links

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.