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UK Act of Parliament
1988
United Kingdom
Copyright, Designs and Patents Act 1988
At a glance
Enforced by
What's here
61 compliance obligations, 22 practical guides across 4 topics · 10 journeys · 1 statutory instrument
Penalty landscape
23 of 61 obligations carry imprisonment (10 years). 4 carry different penalties and 34 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 29
- Director or Officer 6
- Licence Holder 2
- Trader 2
- Employer 1
- Occupier 1
- Manufacturer 1
Plus 18 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Growing your creative business
- 2 steps
Start a hospitality business: licences, food safety, and compliance
- 1 step
Grow your retail business
- 2 steps
Grow your tech business
- 3 steps
Start a fintech business
- 2 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
4 guidesSupporting — topic alignment
16 guidesMentioned in related content
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 742 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 83 duties
- Merchant Shipping Act 1995 1995 82 duties
- Road Traffic (NI) Order 1995 1995 61 duties
Directors and Officers also bound by 221 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 73 duties
- Companies Act 2006 2006 57 duties
- Insolvency Act 1986 1986 44 duties
- CCBSA 2014 2014 21 duties
- Economic Crime and Corporate Transparency Act 2023 2023 18 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
- Broadcasting Act 1990 1990 5 duties
Traders also bound by 218 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 397 duties
- Companies Act 2006 2006 37 duties
- TULRCA 1992 1992 36 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
- Insolvency (England and Wales) Rules 2016 2016 31 duties
Employers also bound by 169 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 196 duties
- Provision and Use of Work Equipment Regulations 1998 1998 98 duties
- TULRCA 1992 1992 46 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 45 duties
- WTR 1998 1998 36 duties
Occupiers also bound by 100 other Acts (top 5 shown)
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 15 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 14 duties
- Nitrate Pollution Prevention Regulations 2015 2015 13 duties
- Highways Act 1980 1980 12 duties
- Housing Act 1985 1985 11 duties
Manufacturers also bound by 81 other Acts (top 5 shown)
- Toys (Safety) Regulations 2011 2011 27 duties
- Radio Equipment Regulations 2017 2017 25 duties
- Medical Devices Regulations 2002 2002 23 duties
- Lifts Regulations 2016 2016 22 duties
- Electromagnetic Compatibility Regulations 2016 2016 21 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Copyright
Rights subsisting in copyright works.
- Respect the exclusive rights of copyright owners and authors Director or Officer
Secondary infringement: importing infringing copy.
10 years imprisonment- Do not import infringing copies of copyrighted works Any Person
Secondary infringement: possessing or dealing with infringing copy.
10 years imprisonment- Do not possess or deal in copyrighted goods without a licence Any Person
Secondary infringement: providing means for making infringing copies.
10 years imprisonment- Do not provide tools or systems for making illegal copies Any Person
Secondary infringement: permitting use of premises for infringing performance.
10 years imprisonment- Prevent unlicensed copyright performances on your premises Any Person
Secondary infringement: provision of apparatus for infringing performance, &c.
10 years imprisonment- Prevent unauthorized public performance using your equipment Occupier
Accessible and intermediate copies: records and notification
- Provide information about accessible copies upon request Licence Holder
Requirement that right be asserted.
- Assert your right to be identified as the author or director Director or Officer
Infringement of right by possessing or dealing with infringing article.
10 years imprisonment- Do not possess or trade in work that has been altered unfairly Trader
False attribution of work.
10 years imprisonment- Do not falsely attribute work to an author or director Any Person
Right to privacy of certain photographs and films.
10 years imprisonment- Do not publish or share private commissioned photos or films Any Person
Rights and remedies of exclusive licensee.
Amended 1 timeCertain infringements actionable by a non-exclusive licensee
Amended 1 timeExercise of concurrent rights.
Amended 1 time- Notify exclusive licensee before enforcement and join them in infringement proceedings
Presumptions relevant to sound recordings and films.
Amended 6 timesCriminal liability for making or dealing with infringing articles, &c.
10 years imprisonment Amended 13 times- Make or deal with copyright-infringing goods Any Person
Enforcement by local weights and measures authority.
Amended 13 timesOrder for delivery up in criminal proceedings.
Amended 5 timesSearch warrants.
Amended 8 timesOffence by body corporate: liability of officers.
10 years imprisonment- Personal liability for corporate copyright offence Director or Officer
Infringing copies may be treated as prohibited goods.
Amended 5 timesPower of Commissioners of Customs and Excise to make regulations.
Amended 1 timeOrder as to disposal of infringing copy or other article.
Amended 3 times- Comply with court orders to dispose of seized infringing copies Any Person
Other duties (1) — Crown / regulator
- Courts must determine the disposal or destruction of infringing items Tribunal / Court
Forfeiture of infringing copies, etc. : England and Wales or Northern Ireland
Amended 3 timesOther duties (1) — Crown / regulator
- Courts may order forfeiture and destruction of infringing goods Tribunal / Court
Forfeiture of infringing copies, etc.: Scotland
Amended 3 timesOther duties (1) — Crown / regulator
- Sheriff may order forfeiture of infringing copyright material in Scotland Tribunal / Court
Jurisdiction of county court and sheriff court.
Amended 1 timeLicensing schemes and licensing bodies.
Amended 4 timesPower to provide for licensing of orphan works
Amended 4 timesExtended collective licensing
Amended 4 timesGeneral provision about licensing under sections 116A and 116B
Amended 4 timesOther duties (1) — Crown / regulator
- Secretary of State must make regulations for Orphan Works licensing Crown / Minister / Government department
Regulations under sections 116A and 116B
Amended 4 timesLicensing schemes to which following sections apply.
Amended 4 timesFurther reference of scheme to tribunal.
Amended 1 timeApplication for grant of licence in connection with licensing scheme.
Other duties (1) — Crown / regulator
- Copyright Tribunal must determine licensing disputes and terms Tribunal / Court
Licences to which following sections apply.
Amended 4 timesReference to tribunal of expiring licence.
- Apply to the Copyright Tribunal to extend an expiring licence Licence Holder
Application for review of order as to licence.
Amended 1 timeGeneral considerations: unreasonable discrimination.
Other duties (1) — Crown / regulator
- Copyright Tribunal must prevent unreasonable discrimination in licensing Tribunal / Court
Licences for reprographic copying.
Other duties (1) — Crown / regulator
- Copyright Tribunal must consider specific factors in reprographic licensing Tribunal / Court
Licences for educational establishments in respect of works included in broadcasts . . ..
Amended 2 timesOther duties (1) — Crown / regulator
- Tribunal must consider prior payments when setting broadcast licence fees Tribunal / Court
Licences to reflect conditions imposed by promoters of events.
Amended 2 times- Include promoter‑imposed conditions when applying for licences for events Employer
Other duties (1) — Crown / regulator
- Tribunal must respect event promoter conditions in licensing disputes Tribunal / Court
Licences to reflect payments in respect of underlying rights.
Amended 3 timesOther duties (1) — Crown / regulator
- Copyright Tribunal must consider underlying royalty payments in licence disputes Tribunal / Court
Licences in respect of works included in re-transmissions.
Amended 6 timesNotice of intention to exercise right.
- Notify licensing body and Tribunal before using sound recordings Any Person
Conditions for exercise of right.
- Comply with licensing conditions for broadcasting sound recordings Any Person
Factors to be taken into account.
Other duties (1) — Crown / regulator
- Copyright Tribunal must ensure fair and non-discriminatory licensing terms Tribunal / Court
Royalty or other sum payable for lending of certain works.
Amended 1 timeCertification of licensing schemes.
Amended 7 timesPowers exercisable in consequence of report of Competition and Markets Authority.
Amended 19 timesCollective exercise of certain rights in relation to cable re-transmission.
Amended 19 timesThe Copyright Tribunal.
Amended 6 timesMembership of the Tribunal.
Amended 2 timesJurisdiction of the Tribunal.
Amended 10 timesGeneral power to make rules.
Amended 4 timesQualification for copyright protection.
Amended 6 timesQualification by reference to author.
Amended 10 timesQualification by reference to country of first publication.
Amended 4 timesQualification by reference to place of transmission.
Amended 6 timesCountries to which this Part extends.
Amended 2 timesApplication of this Part to countries to which it does not extend
Amended 2 timesTerritorial waters and the continental shelf.
Amended 1 timeBritish ships, aircraft and hovercraft.
Amended 2 timesCrown copyright.
Amended 6 timesCopyright in Acts and Measures.
Amended 4 timesParliamentary copyright.
Amended 4 timesTransitional provisions and savings.
Amended 2 timesRights and privileges under other enactments or the common law.
Amended 2 timesMeaning of “educational establishment” and related expressions.
Amended 2 timesMeaning of publication and commercial publication.
Amended 3 timesMinor definitions.
Amended 12 timesIndex of defined expressions.
Amended 23 timesBrowse 173 other sections in this Part — procedural / definitional / commencement
Copyright and copyright works.
Literary, dramatic and musical works.
Databases
Artistic works.
Sound recordings and films.
Sound recordings.
Films.
Broadcasts.
Safeguards in case of certain satellite broadcasts.
Cable programmes.
Published editions.
Authorship of work.
Works of joint authorship.
Works of co-authorship
First ownership of copyright.
Duration of copyright in literary, dramatic, musical or artistic works.
Duration of copyright in sound recordings and films.
Duration of copyright in sound recordings.
Duration of copyright in films.
Duration of copyright in broadcasts . . ..
Duration of copyright in typographical arrangement of published editions.
Meaning of country of origin.
The acts restricted by copyright in a work.
Infringement of copyright by copying.
Infringement by issue of copies to the public.
Infringement by rental or lending of work to the public.
Infringement by performance, showing or playing of work in public.
Infringement by communication to the public
Infringement by making adaptation or act done in relation to adaptation.
Meaning of “infringing copy”.
Introductory provisions.
Making of temporary copies
Personal copies for private use
Research and private study.
Copies for text and data analysis for non-commercial research
Criticism, review , quotation and news reporting.
Caricature, parody or pastiche
Incidental inclusion of copyright material.
Disabled persons: copies of works for personal use
Making , communicating, making available, distributing or lending of accessible copies by authorised bodies
Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies
s.31C
s.31D
s.31E
Sections 31A to 31BB: interpretation and general
Illustration for instruction
Anthologies for educational use.
Performing, playing or showing work in course of activities of educational establishment.
Recording by educational establishments of broadcasts
Copying and use of extracts of works by educational establishments
Lending of copies by educational establishments
Libraries and archives: introductory.
Copying by librarians: articles in periodicals.
Copying by librarians: parts of published works.
Restriction on production of multiple copies of the same material.
Lending of copies by libraries or archives.
Libraries and educational establishments etc : making works available through dedicated terminals
Copying by librarians: supply of single copies to other libraries
Copying by librarians etc : replacement copies of works
Copying by librarians: single copies of published works
Copying by librarians or archivists: single copies of unpublished works
Sections 40A to 43: interpretation
Copy of work required to be made as condition of export.
Legal deposit libraries
Permitted uses of orphan works
Parliamentary and judicial proceedings.
Royal Commissions and statutory inquiries.
Material open to public inspection or on official register.
Material communicated to the Crown in the course of public business.
Public records.
Acts done under statutory authority.
Back up copies.
Decompilation.
Observing, studying and testing of computer programs
Other acts permitted to lawful users.
Acts permitted in relation to databases.
Design documents and models.
Effect of exploitation of design derived from artistic work.
Things done in reliance on registration of design.
Use of typeface in ordinary course of printing.
Articles for producing material in particular typeface.
Transfers of copies of works in electronic form.
Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
Use of notes or recordings of spoken words in certain cases.
Public reading or recitation.
Abstracts of scientific or technical articles.
Recordings of folksongs.
Representation of certain artistic works on public display.
Advertisement of sale of artistic work.
Making of subsequent works by same artist.
Reconstruction of buildings.
Lending to public of copies of certain works.
Films: acts permitted on assumptions as to expiry of copyright, &c.
Playing of sound recordings for purposes of club, society, &c.
Incidental recording for purposes of broadcast . . ..
Recording for purposes of supervision and control of broadcasts and other services.
Recording for purposes of time-shifting.
Photographs of broadcasts
Free public showing or playing of broadcast . . ..
Reception and re-transmission of wireless broadcast by cable.
Royalty or other sum payable in pursuance of section 73(4).
s.74
Recording of broadcast for archival purposes
Adaptations.
Certain permitted uses of orphan works
Right to be identified as author or director.
Exceptions to right.
Right to object to derogatory treatment of work.
Exceptions to right.
Qualification of right in certain cases.
Duration of rights.
Consent and waiver of rights.
Application of provisions to joint works.
Application of provisions to parts of works.
Assignment and licences.
Prospective ownership of copyright.
Exclusive licences.
Copyright to pass under will with unpublished work.
Presumption of transfer of rental right in case of film production agreement.
Right to equitable remuneration where rental right transferred.
Equitable remuneration: reference of amount to Copyright Tribunal.
Moral rights not assignable.
Transmission of moral rights on death.
Infringement actionable by copyright owner.
Provisions as to damages in infringement action.
Injunctions against service providers
Undertaking to take licence of right in infringement proceedings.
Order for delivery up.
Right to seize infringing copies and other articles.
Remedies for infringement of moral rights.
Presumptions relevant to literary, dramatic, musical and artistic works.
Presumptions relevant to works subject to Crown copyright.
Period after which remedy of delivery up not available.
Reference of proposed licensing scheme to tribunal.
Reference of licensing scheme to tribunal.
Application for review of order as to entitlement to licence.
Effect of order of tribunal as to licensing scheme.
Reference to tribunal of proposed licence.
Effect of order of tribunal as to licence.
Notification of licence or licensing scheme for excepted sound recordings
References to the Tribunal by the Secretary of State under section 128A
Mention of specific matters not to exclude other relevant considerations.
Circumstances in which right available.
Applications to settle payments.
References etc. about conditions, information and other terms.
Application for review of order.
Power to amend sections 135A to 135G.
Implied indemnity in certain schemes and licences for reprographic copying.
Power to extend coverage of scheme or licence.
Variation or discharge of order extending scheme or licence.
Appeals against orders.
Inquiry whether new scheme or general licence required.
Statutory licence where recommendation not implemented.
Financial provisions.
Constitution for purposes of proceedings.
Costs, proof of orders, &c.
Award of interest.
Appeal to the court on point of law.
Countries ceasing to be colonies.
Denial of copyright protection to citizens of countries not giving adequate protection to British works.
Copyright in Parliamentary Bills.
Copyright in Bills of the Scottish Parliament.
Copyright in Bills of the Northern Ireland Assembly.
Copyright in proposed Measures of the National Assembly for Wales
Copyright in Bills of the National Assembly for Wales
Houses of Parliament: supplementary provisions with respect to copyright.
Copyright vesting in certain international organisations.
Folklore, &c.: anonymous unpublished works.
General provisions as to construction.
Meaning of EEA and related expressions.
Construction of references to copyright owner.
Requirement of signature: application in relation to body corporate.
Adaptation of expressions for Scotland.
Part II — Rights in performances
Rights conferred on performers and persons having recording rights.
Amended 5 timesQualifying performances.
Amended 2 timesConsent required for recording, &c. of live performance.
Amended 4 times- Obtain performer consent before recording or broadcasting live performances Any Person
Consent required for copying of recording.
10 years imprisonment Amended 4 times- Obtain performer consent before copying recordings Any Person
Consent required for issue of copies to public.
Amended 4 timesConsent required for rental or lending of copies to public.
Amended 4 timesConsent required for making available to the public
Amended 4 times- Obtain performer consent before streaming or broadcasting recordings Any Person
Right to equitable remuneration for exploitation of sound recording.
Amended 4 times- Pay equitable remuneration to performers for public use of recordings Trader
Infringement of performer’s rights by use of recording made without consent.
10 years imprisonment Amended 1 time- Do not use unauthorized recordings of performances in public Any Person
Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
- Do not deal in, import, or possess illicit recordings of performances Any Person
Consent required for recording of performance subject to exclusive contract.
10 years imprisonment Amended 1 time- Obtain consent before recording a performance under exclusive contract Any Person
Infringement of recording rights by use of recording made without consent.
10 years imprisonment Amended 1 time- Do not play or broadcast unauthorised recordings of performances Any Person
Infringement of recording rights by importing, possessing or dealing with illicit recording.
10 years imprisonment- Do not deal in illicit recordings of performances Any Person
Acts permitted notwithstanding rights conferred by this Chapter.
Amended 1 timePower of tribunal to give consent on behalf of performer in certain cases.
Amended 5 timesDuration of rights.
Amended 9 timesPerformers’ property rights.
Amended 9 timesAssignment and licences.
Amended 9 timesProspective ownership of a performer’s property rights.
Amended 9 timesExclusive licences.
Amended 9 timesPerformer’s property right to pass under will with unpublished original recording.
Amended 9 timesPresumption of transfer of rental right in case of film production agreement.
Amended 9 timesRight to equitable remuneration where rental right transferred.
Amended 9 timesEquitable remuneration: reference of amount to Copyright Tribunal.
Amended 9 timesAssignment of performer’s property rights in a sound recording
Amended 9 timesPayment in consideration of assignment
Amended 9 times- Pay performers an annual share of revenue for old sound recordings Manufacturer
Infringement actionable by rights owner.
Amended 9 timesProvisions as to damages in infringement action.
Amended 9 timesInjunctions against service providers
Amended 9 timesUndertaking to take licence of right in infringement proceedings.
Amended 9 timesRights and remedies for exclusive licensee.
Amended 9 timesExercise of concurrent rights.
Amended 9 timesPerformers’ non-property rights.
Amended 1 timeTransmissibility of rights of person having recording rights.
Amended 1 timeConsent.
Amended 3 timesInfringement actionable as breach of statutory duty.
Amended 2 times- Respect performers' and recording rights to avoid legal action Any Person
Order for delivery up.
Amended 1 timeMeaning of “illicit recording”.
Amended 9 timesPresumptions relevant to recordings of performances
Amended 9 timesCriminal liability for making, dealing with or using illicit recordings.
10 years imprisonment Amended 14 times- Deal in, distribute, or play illicit recordings of performances Any Person
Enforcement by local weights and measures authority.
Amended 14 timesOrder for delivery up in criminal proceedings.
Amended 5 timesSearch warrants.
Amended 5 timesFalse representation of authority to give consent.
6 months imprisonment Amended 1 time- Falsely claim authority to consent to a performance Any Person
Offence by body corporate: liability of officers.
10 years imprisonment Amended 1 time- Personal liability of directors and officers for corporate copyright crimes Director or Officer
Order as to disposal of illicit recording.
10 years imprisonment Amended 4 timesOther duties (1) — Crown / regulator
- Courts must determine the disposal of seized illicit recordings Tribunal / Court
Forfeiture of illicit recordings: England and Wales or Northern Ireland
Amended 4 timesOther duties (1) — Crown / regulator
- Courts may order the forfeiture and destruction of illicit recordings Tribunal / Court
Forfeiture: Scotland
10 years imprisonment Amended 4 timesOther duties (1) — Crown / regulator
- Sheriff court must decide on forfeiture of illicit recordings in Scotland Tribunal / Court
Jurisdiction of county court and sheriff court.
Amended 1 timeLicensing of performers’ ... rights.
Amended 1 timeJurisdiction of Copyright Tribunal.
Amended 1 timeRight to be identified as performer
Amended 1 timeRequirement that right be asserted
Amended 1 time- Assert your right to be identified as a performer in writing Any Person
Exceptions to right
Amended 1 timeRight to object to derogatory treatment of performance
Amended 1 timeExceptions to right
Amended 1 timeInfringement of right by possessing or dealing with infringing article
10 years imprisonment Amended 1 time- Do not possess or deal in distorted recordings of performances Any Person
Duration of rights
Amended 1 timeConsent and waiver of rights
Amended 1 timeApplication of provisions to parts of performances
Amended 1 timeMoral rights not assignable
Amended 1 timeTransmission of moral rights on death
Amended 1 timeRemedies for infringement of moral rights
Amended 1 timeQualifying countries, individuals and persons.
Amended 8 timesCountries enjoying reciprocal protection.
Amended 1 timeBritish ships, aircraft and hovercraft.
Amended 1 timeRequirement of signature: application in relation to body corporate
Amended 1 timeExpressions having same meaning as in copyright provisions.
Amended 9 timesIndex of defined expressions.
Amended 9 timesPower to amend in consequence of changes to international law
Amended 9 timesBrowse 5 other sections in this Part — procedural / definitional / commencement
Part III — Design Right
Design right.
Amended 5 timesOwnership of design right.
Amended 3 timesQualifying individuals and qualifying persons.
Amended 5 timesQualification by reference to designer.
Amended 4 timesQualification by reference to employer.
Amended 4 timesQualification by reference to first marketing.
Amended 8 timesPrimary infringement of design right.
Amended 1 timeMeaning of “infringing article”.
Amended 3 timesOrder as to disposal of infringing articles, &c.
Amended 4 timesOther duties (1) — Crown / regulator
- Courts must determine the disposal or destruction of infringing design goods Tribunal / Court
Jurisdiction of county court and sheriff court.
Amended 1 timePowers exercisable for protection of the public interest.
Amended 12 timesCrown use of designs.
Amended 13 timesSettlement of terms for Crown use.
Amended 1 timeCrown use: compensation for loss of profit.
Amended 1 timeAppeals as to terms of licence of right.
Amended 5 timesOpinions service
Amended 5 timesReferences and appeals on design right matters.
Amended 2 timesOther duties (1) — Crown / regulator
- Intellectual Property Office may refer design right disputes to the High Court Statutory regulator
Reference of disputes relating to Crown use.
Amended 1 timeLicensee under licence of right not to claim connection with design right owner.
- Do not claim a business connection with a design owner under a forced licence Any Person
Adaptation of expressions in relation to Scotland.
Amended 1 timeMinor definitions.
Amended 5 timesIndex of defined expressions.
Amended 2 timesBrowse 38 other sections in this Part — procedural / definitional / commencement
The designer.
Duration of design right.
Power to make further provision as to qualification.
Assignment and licences.
Prospective ownership of design right.
Assignment of right in registered design presumed to carry with it design right.
Exclusive licences.
Secondary infringement: importing or dealing with infringing article.
Rights and remedies of design right owner.
Order for delivery up.
Innocent infringement.
Rights and remedies of exclusive licensee.
Exercise of concurrent rights.
Infringement of copyright.
Licences available in last five years of design right.
Undertaking to take licence of right in infringement proceedings.
Rights of third parties in case of Crown use.
Special provision for Crown use during emergency.
Exception for private acts, experiments and teaching
Exception for overseas ships and aircraft
Power to provide for further exceptions.
Jurisdiction to decide matters relating to design right.
Application to settle terms of licence of right.
Settlement of terms where design right owner unknown.
Rules.
Threats of infringement proceedings
Actionable threats
Permitted communications
Remedies and defences
Professional advisers
Supplementary: proceedings for delivery up etc.
Countries to which this Part extends.
Countries enjoying reciprocal protection.
Territorial waters and the continental shelf.
Construction of references to design right owner.
Joint designs.
Application of provisions to articles in kit form.
Requirement of signature: application in relation to body corporate.
Part IV — Registered Designs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeBrowse 7 other sections in this Part — procedural / definitional / commencement
Provisions with respect to certain designs registered in pursuance of application made before commencement.
Authorship and first ownership of designs.
Duration of right in registered design.
Powers exercisable for protection of the public interest.
Crown use: compensation for loss of profit.
Minor and consequential amendments.
Text of Registered Designs Act 1949 as amended.
Part V — Patent Agents and Trade Mark Agents
Persons permitted to carry on business of a patent agent.
Amended 1 timeThe register of patent attorneys
Amended 1 timeRegulation of patent attorneys
Amended 1 timePersons entitled to describe themselves as patent agents.
Unlimited fine Amended 5 times- Use restricted titles 'patent agent' or 'patent attorney' without registration Any Person
Use of the term “patent attorney”: supplementary provisions.
Amended 1 timePower to prescribe conditions, &c. for mixed partnerships and bodies corporate.
Amended 1 timePrivilege for communications with patent agents.
Amended 9 timesPower of comptroller to refuse to deal with certain agents.
Amended 2 timesOffences committed by partnerships and bodies corporate.
10 years imprisonment- Personal liability for directors and partners for IP offences Director or Officer
Interpretation.
Amended 3 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Part VI — Patents
Patents county courts: special jurisdiction.
Amended 3 timesFinancial limits in relation to proceedings within special jurisdiction of patents county court.
Amended 1 timeProceedings in patents county court.
Amended 3 timesRights and duties of registered patent agents in relation to proceedings in patents county court.
Amended 3 timesBrowse 5 other sections in this Part — procedural / definitional / commencement
Transfer of proceedings between High Court and patents county court.
Limitation of costs where pecuniary claim could have been brought in patents county court.
Restriction of acts authorised by certain licences.
When application may be made for settlement of terms of licence.
Patents: miscellaneous amendments.
Part VII — Miscellaneous and General
Devices and services designed to circumvent technological measures
2 years imprisonment- Providing or selling technology to bypass copyright protection Any Person
Remedy where effective technological measures prevent permitted acts
- Provide means to carry out permitted acts when DRM blocks them Any Person
Electronic rights management information
10 years imprisonment- Do not remove or alter electronic rights management information Any Person
Offence of fraudulently receiving programmes.
Unlimited fine Amended 1 time- Dishonestly receiving broadcast programmes without payment Director or Officer
Unauthorised decoders.
10 years imprisonment Amended 1 time- Use or sell unauthorised decoders for encrypted broadcasts Any Person
Search warrants
Amended 1 timeForfeiture of unauthorised decoders: England and Wales or Northern Ireland
Amended 1 timeOther duties (1) — Crown / regulator
- Courts may order the forfeiture and destruction of illegal decoders Tribunal / Court
Forfeiture of unauthorised decoders: Scotland
Amended 1 timeOther duties (1) — Crown / regulator
- Courts in Scotland may order the forfeiture of unauthorised decoders Tribunal / Court
Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
Amended 6 timesSupplementary provisions as to fraudulent reception.
Amended 2 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeProvisions for the benefit of Great Ormond Street Hospital for Children.
Amended 2 timesExtent.
Amended 1 timeBrowse 12 other sections in this Part — procedural / definitional / commencement
Devices designed to circumvent copy-protection.
Avoidance of certain terms.
Avoidance of certain terms relating to databases
Circumvention of technological measures
Devices and services designed to circumvent technological measures: search warrants and forfeiture
Rights and remedies in respect of devices and services designed to circumvent technological measures
Remedy where restrictive measures prevent or restrict personal copying
Interpretation of sections 296ZA to 296ZEA
Financial assistance for certain international bodies.
Consequential amendments and repeals.
Commencement.
Short title.
Schedules
Browse 271 other Schedules — structural / supplementary
Copyright: transitional provisions and savings
Rights in performances: permitted acts
Registered designs: minor and consequential amendments of 1949 Act
Provisions for the Benefit of Great Ormond Street Hospital for Children
(1) In this Schedule— “the 1911 Act” means the Copyright...
The question who was the author of an existing work...
(1) The question who was first owner of copyright in...
(1) The following provisions have effect with respect to the...
(1) The rights conferred on universities and colleges by the...
(1) The provisions of Chapters II and III of Part...
(1) Section 57 (anonymous or pseudonymous works: acts permitted on...
The following provisions of section 7 of the 1956 Act...
Where in the case of a dramatic or musical work...
Where a work made before 1st July 1912 consists of...
(1) Section 51 (exclusion of copyright protection in relation to...
(1) In relation to the 1956 Act, references in this...
(1) Where section 10 of the 1956 Act (effect of...
Section 8 of the 1956 Act (statutory licence to copy...
(1) No act done before commencement is actionable by virtue...
(1) The following provisions have effect with respect to the...
The right conferred by section 85 (right to privacy of...
(1) Any document made or event occurring before commencement which...
(1) Section 91(1) of this Act (assignment of future copyright:...
(1) Where the author of a literary, dramatic, musical or...
(1) This paragraph applies where copyright subsists in a literary,...
Section 92(2) of this Act (rights of exclusive licensee against...
The new copyright provisions apply in relation to things existing...
(1) Section 93 of this Act (copyright to pass under...
(1) Sections 96 and 97 of this Act (remedies for...
Sections 101 and 102 of this Act (rights and remedies...
(1) The provisions of section 107 of this Act (criminal...
(1) The Lord Chancellor may, after consultation with the Lord...
Every work in which copyright subsisted under the 1956 Act...
(1) The 1911 Act shall remain in force as part...
(1) This paragraph applies to a country which immediately before...
Section 161 of this Act (application of Part I to...
Section 162 (British ships, aircraft and hovercraft) does not apply...
(1) The provisions of this paragraph have effect for securing...
(1) Section 163 of this Act (general provisions as to...
(1) The following provisions have effect with respect to the...
(1) Section 164 (copyright in Acts and Measures) applies to...
(1) Section 165 of this Act (general provisions as to...
(1) Any work in which immediately before commencement copyright subsisted...
Section 175(3) (construction of building treated as equivalent to publication)...
For the purposes of the application of the definition in...
(1) Copyright subsists in an existing work after commencement only...
(1) Copyright shall not subsist by virtue of this Act...
(1) No copyright subsists in a film, as such, made...
(1) A film sound-track to which section 13(9) of the...
No copyright subsists in— (a) a wireless broadcast made before...
(1) The provisions of this Schedule specify acts which may...
(1) Material which is comprised in public records within the...
(1) Where the doing of a particular act is specifically...
(1) This paragraph applies where a recording of a performance...
(1) Where a recording of the reading or recitation of...
(1) A recording of a performance of a song may...
(1) The Secretary of State may by order provide that...
Rights in performances: permitted acts
(1) A person who proposes to broadcast a recording of...
(1) The rights conferred by this Chapter are not infringed...
(1) The making in domestic premises for private and domestic...
(1) The making in domestic premises for private and domestic...
(1) The showing or playing in public of a broadcast...
(1) This paragraph applies where a wireless broadcast made from...
(1) An application to settle the royalty or other sum...
The rights conferred by this Chapter are not infringed by...
(1) The making of a copy of a recording of...
(1) Fair dealing with a performance or a recording of...
(1) The making of a copy of a recording of...
(1) Fair dealing with a performance or recording for the...
Rights in performances: permitted acts
(1) A recording of a broadcast or a copy of...
(1) Fair dealing with a performance or a recording of...
(1) The rights conferred by this Chapter are not infringed...
(1) This paragraph applies if— (a) a disabled person has...
(1) If— (a) an authorised body has lawful access to...
(1) An authorised body which is entitled to make an...
(1) A person listed in sub-paragraph (2) may request an...
(1) This paragraph supplements paragraphs 3A to 3D and includes...
(1) Fair dealing with a performance or a recording of...
(1) The playing or showing of a sound recording, film...
(1) A recording of a broadcast, or a copy of...
(1) The rights conferred by this Chapter are not infringed...
(1) The rights conferred by this Chapter are not infringed...
(1) The rights conferred by this Chapter in a recording...
(1) A librarian may, if the conditions in sub-paragraph (2)...
(1) A librarian, archivist or curator of a library, archive...
(1) A librarian of a library which is not conducted...
(1) A librarian or archivist may make and supply a...
Expressions used in paragraphs 6B to 6G have the same...
(1) The rights conferred by this Chapter are not infringed...
(1) The copying of extracts of a recording of a...
(1) If an article of cultural or historical importance or...
(1) The rights conferred by this Chapter are not infringed...
(1) The rights conferred by this Chapter are not infringed...
LICENSING OF PERFORMERS’ ... RIGHTS
(1) In this Chapter a “licensing scheme” means a scheme...
(1) The terms on which a licensing body proposes to...
(1) A licensee under a licence which is due to...
(1) Where the Copyright Tribunal has made an order under...
(1) Where the Copyright Tribunal has made an order under...
(1) In determining what is reasonable on a reference or...
(1) An application to settle the royalty or other sum...
(1) A person operating or proposing to operate a licensing...
(1) Sub-paragraph (1A) applies where whatever needs to be remedied,...
(1) The Secretary of State may by regulations provide for...
(1) The Secretary of State may by regulations provide for...
(1) This paragraph and paragraph 1D apply to regulations under...
(1) The power to make regulations includes power—
Paragraphs 3 to 8 (references and applications with respect to...
(1) The terms of a licensing scheme proposed to be...
(1) If while a licensing scheme is in operation a...
(1) Where the Copyright Tribunal has on a previous reference...
(1) A person who claims, in a case covered by...
(1) Where the Copyright Tribunal has made an order under...
(1) A licensing scheme which has been confirmed or varied...
Paragraphs 10 to 13 (references and applications with respect to...
In section 19 of the Registered Designs Act 1949 (registration...
In section 20 of the Registered Designs Act 1949 (rectification...
(1) Section 22 of the Registered Designs Act 1949 (inspection...
For section 23 of the Registered Designs Act 1949 (information...
In section 25 of the Registered Designs Act 1949 (certificate...
(1) Section 26 of the Registered Designs Act 1949 (remedy...
For section 27 of the Registered Designs Act 1949 (the...
(1) Section 28 of the Registered Designs Act 1949 (the...
In section 29 of the Registered Designs Act 1949 (exercise...
For section 30 of the Registered Designs Act 1949 (costs...
For section 31 of the Registered Designs Act 1949 (evidence...
Section 32 of the Registered Designs Act 1949 (power of...
(1) Section 33 of the Registered Designs Act 1949 (offences...
(1) In section 34 of the Registered Designs Act 1949...
(1) Section 35 of the Registered Designs Act 1949 (fine...
(1) In the Registered Designs Act 1949 after section 35...
(1) Section 36 of the Registered Designs Act 1949 (general...
(1) Section 37 of the Registered Designs Act 1949 (provisions...
Section 38 of the Registered Designs Act 1949 (proceedings of...
In section 39 of the Registered Designs Act 1949 (hours...
(1) Section 5 of the Registered Designs Act 1949 is...
In section 40 of the Registered Designs Act 1949 (fees)...
(1) In section 44 of the Registered Designs Act 1949...
In section 45 of the Registered Designs Act 1949 (application...
(1) Section 46 of the Registered Designs Act 1949 (application...
For section 47 of the Registered Designs Act 1949 (application...
In the Registered Designs Act 1949, after section 47 insert—...
In section 48 of the Registered Designs Act 1949 (repeals,...
(1) The First Schedule to the Registered Designs Act 1949...
Schedule 2 to the Registered Designs Act 1949 (enactments repealed)...
In section 9 of the Registered Designs Act 1949 (exemption...
In section 14 of the Registered Designs Act 1949 (registration...
In section 15(1) of the Registered Designs Act 1949 (power...
The Registered Designs Act 1949 as amended Arrangement of Sections
(1) Where Crown use is made of a registered design,...
Patents: miscellaneous amendments
In section 13(2) of the Patents Act 1949 (duty of...
In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a)...
(1) In section 39 of the Patents Act 1977 (right...
(1) Section 46 of the Patents Act 1977 (licences of...
In section 49 of the Patents Act 1977 (supplementary provisions...
For section 51 of the Patents Act 1977 (licences of...
In section 53(2) of the Patents Act 1977 (compulsory licensing:...
(1) In the Patents Act 1977, after section 57 insert—...
For section 64 of the Patents Act 1977 (right to...
In section 72(1) of the Patents Act 1977 (grounds for...
In section 73 of the Patents Act 1977 (revocation on...
(1) In section 15 of the Patents Act 1977 (filing...
For section 76 of the Patents Act 1977 (amendments of...
(1) Section 77 of the Patents Act 1977 (effect of...
In section 78 of the Patents Act 1977 (effect of...
Section 88 of the Patents Act 1977 (jurisdiction in legal...
(1) Section 89 of the Patents Act 1977 (effect of...
For section 89 of the Patents Act 1977 (effect of...
In the Patents Act 1977, after section 99 (general powers...
For section 102 of the Patents Act 1977 (right of...
In section 118 of the Patents Act 1977 (information about...
In section 123 of the Patents Act 1977 (rules), after...
(1) Section 17 of the Patents Act 1977 (preliminary examination...
In the Patents Act 1977 after section 125 insert— Disclosure...
In section 18 of the Patents Act 1977 (substantive examination...
In section 130(1) of the Patents Act 1977 (interpretation), in...
(1) Section 28 of the Patents Act 1977 (restoration of...
After that section insert— Effect of order for restoration of...
In consequence of the above amendments— (a) in section 60(6)(b)...
(1) Section 37 of the Patents Act 1977 (determination of...
PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
(1) In this Schedule— “ GOSH Children's Charity ” means...
(1) GOSH Children's Charity is entitled, subject to the following...
No royalty is payable in respect of—
No royalty is payable in respect of anything done in...
(1) In default of agreement application may be made to...
The sums received by GOSH Children's Charity by virtue of...
(1) The right of GOSH Children's Charity under this Schedule...
Consequential amendments: general
For section 2 of the British Mercantile Marine Uniform Act...
(1) Section 92 of the Medicines Act 1968 (scope of...
In Schedule 10 to the Post Office Act 1969 (special...
In section 87 of the Merchant Shipping Act 1970 (merchant...
In section 16 of the Taxes Management Act 1970 (returns...
Consequential amendments: general
Consequential amendments: general
In Part II of Schedule 1 to the House of...
In Part II of Schedule 1 to the Northern Ireland...
(1) The Restrictive Trade Practices Act 1976 is amended as...
In section 10(4) of the Resale Prices Act 1976 (patented...
In section 1(5) of the Chartered Associations (Protection of Names...
In section 57 of the Patents Act 1977 (rights of...
In section 105 of the Patents Act 1977 (privilege in...
In section 123(7) of the Patents Act 1977 (publication of...
In section 130(1) of the Patents Act 1977 (interpretation), in...
In paragraph 1 of Schedule 1 to the Unfair Contract...
In section 94A of the Judicature (Northern Ireland) Act 1978...
Consequential amendments: general
Consequential amendments: general
(1) The Senior Courts Act 1981 is amended as follows....
Consequential amendments: general
(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...
(1) Part XII of the Companies Act 1985 (registration of...
In section 15 of the Law Reform (Miscellaneous Provisions) (Scotland)...
In section 8(2) of the Atomic Energy Authority Act 1986...
Consequential amendments: general
Consequential amendments: general
(1) The Income and Corporation Taxes Act 1988 is amended...
(1) In the Crown Proceedings Act 1947 for section 3...
In section 47 of the Patents Act 1949 (rights of...
Consequential amendments: general
In section 36 of the London County Council (General Powers)...
Consequential amendments: general
Consequential amendments: general
Repeals
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 29 (research and private study)
section 29A (copies for text and data analysis for non-commercial...
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)
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...
paragraph 1C of Schedule 2 (research and private study) paragraph...
regulation 20 of and Schedule 1 to the Copyright and...
(1) The Secretary of State may by regulations make provision...
Regulations under paragraph 1 may make provision as to conditions...
(1) The Secretary of State may by regulations make provision—...
(1) The Secretary of State may by regulations make provision—...
(1) The Secretary of State may by regulations provide for...
(1) The Secretary of State may by regulations require a...
(1) The power to make regulations under this Schedule includes...
References in this Schedule to a licensing body are to...
(1) A relevant body does not infringe the copyright in...
(1) In this Schedule “relevant body” means—
(1) For the purposes of this Schedule a relevant work...
A relevant work which is designated as an orphan work...
(1) For the purposes of establishing whether a relevant work...
This Schedule does not prevent the use by a relevant...
(1) This paragraph applies to a rightholder who has not...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 9 other unclassified sections
Restoration of lapsed right in design.
Effect of order for restoration of right.
Powers exercisable for protection of the public interest.
Undertaking to take licence of right in infringement proceedings.
Offence by body corporate: liability of officers.
Territorial waters and the continental shelf.
CERTAIN PERMITTED USES OF ORPHAN WORKS
Provisions as to the Use of Registered Designs for the...
Regulation of licensing bodies
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Bar Standards Board (opens in a new tab) Detailed Guidance
- SRA | SRA Standards and Regulations - Terms of Use (opens in a new tab) from SRA Detailed Guidance
- SRA | Firm data web service (opens in a new tab) from SRA Detailed Guidance
- Get a video game age rating (Games Rating Authority) (opens in a new tab) Detailed Guidance
- Understanding the Online Safety Act (opens in a new tab) Detailed Guidance
- Software and video-game publishing rules (opens in a new tab) Detailed Guidance
- Print and periodical publishing rules (opens in a new tab) Detailed Guidance
- Run a compliant publishing business (opens in a new tab) Detailed Guidance
- Which publishing rules apply to your business (opens in a new tab) Detailed Guidance
- IPReg: Intellectual Property Regulation Board (opens in a new tab) Detailed Guidance
- ... and 10 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
IPO
PrimaryIntellectual Property Office
Registration and protection of intellectual property rights. Administers patents, trade marks, designs, and provides copyright guidance. Gateway for IP protection in the …
Trading Standards (Local Authority)
Enforces consumer protection legislation including food labelling, weights and measures, product safety, and fair trading. Part of local authority structure. Investigates food …
Connected legislation
1 statutory instrument
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (1)
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.