UK Act of Parliament 1988 United Kingdom

Copyright, Designs and Patents Act 1988

At a glance

Enforced by

IPO, Trading Standards

What's here

60 compliance obligations, 21 practical guides across 4 topics · 8 journeys · 1 statutory instrument

Penalty landscape

22 of 60 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.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Mentioned in related content

1 guides

Other 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 749 other Acts (top 5 shown)
Directors and Officers also bound by 224 other Acts (top 5 shown)
Licence Holders also bound by 50 other Acts (top 5 shown)
Traders also bound by 219 other Acts (top 5 shown)
Employers also bound by 171 other Acts (top 5 shown)
Occupiers also bound by 101 other Acts (top 5 shown)
Manufacturers also bound by 82 other Acts (top 5 shown)

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

s.031

Accessible and intermediate copies: records and notification

  • Provide information about accessible copies upon request Licence Holder
s.101

Certain infringements actionable by a non-exclusive licensee

Amended 1 time
s.107

Enforcement by local weights and measures authority.

Amended 13 times
s.114

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

Amended 3 times
Other duties (1) — Crown / regulator
  • Courts may order forfeiture and destruction of infringing goods Tribunal / Court
s.114

Forfeiture of infringing copies, etc.: Scotland

Amended 3 times
Other duties (1) — Crown / regulator
  • Sheriff may order forfeiture of infringing copyright material in Scotland Tribunal / Court
s.116

Power to provide for licensing of orphan works

Amended 4 times
s.116

Extended collective licensing

Amended 4 times
s.116

General provision about licensing under sections 116A and 116B

Amended 4 times
Other duties (1) — Crown / regulator
  • Secretary of State must make regulations for Orphan Works licensing Crown / Minister / Government department
s.116

Regulations under sections 116A and 116B

Amended 4 times
s.130

Licences for reprographic copying.

Other duties (1) — Crown / regulator
  • Copyright Tribunal must consider specific factors in reprographic licensing Tribunal / Court
s.135

Notice of intention to exercise right.

  • Notify licensing body and Tribunal before using sound recordings Any Person
s.135

Conditions for exercise of right.

  • Comply with licensing conditions for broadcasting sound recordings Any Person
s.135

Factors to be taken into account.

Other duties (1) — Crown / regulator
  • Copyright Tribunal must ensure fair and non-discriminatory licensing terms Tribunal / Court
s.144

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

Amended 19 times
Browse 173 other sections in this Part — procedural / definitional / commencement
s.003

Databases

s.005

Sound recordings.

s.005

Films.

s.006

Safeguards in case of certain satellite broadcasts.

s.010

Works of co-authorship

s.013

Duration of copyright in sound recordings.

s.013

Duration of copyright in films.

s.015

Meaning of country of origin.

s.018

Infringement by rental or lending of work to the public.

s.028

Making of temporary copies

s.028

Personal copies for private use

s.029

Copies for text and data analysis for non-commercial research

s.030

Caricature, parody or pastiche

s.031

Disabled persons: copies of works for personal use

s.031

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

s.031

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

s.031

s.31C

s.031

s.31D

s.031

s.31E

s.031

Sections 31A to 31BB: interpretation and general

s.036

Lending of copies by educational establishments

s.040

Lending of copies by libraries or archives.

s.040

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

s.042

Copying by librarians: single copies of published works

s.043

Sections 40A to 43: interpretation

s.044

Legal deposit libraries

s.044

Permitted uses of orphan works

s.050

Back up copies.

s.050

Decompilation.

s.050

Observing, studying and testing of computer programs

s.050

Other acts permitted to lawful users.

s.050

Acts permitted in relation to databases.

s.066

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

s.073

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

s.076

Certain permitted uses of orphan works

s.093

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

s.093

Right to equitable remuneration where rental right transferred.

s.093

Equitable remuneration: reference of amount to Copyright Tribunal.

s.097

Injunctions against service providers

s.128

Notification of licence or licensing scheme for excepted sound recordings

s.128

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

s.135

Circumstances in which right available.

s.135

Applications to settle payments.

s.135

References etc. about conditions, information and other terms.

s.135

Application for review of order.

s.135

Power to amend sections 135A to 135G.

s.151

Award of interest.

s.166

Copyright in Bills of the Scottish Parliament.

s.166

Copyright in Bills of the Northern Ireland Assembly.

s.166

Copyright in proposed Measures of the National Assembly for Wales

s.166

Copyright in Bills of the National Assembly for Wales

s.172

Meaning of EEA and related expressions.

Part II — Rights in performances

s.182

Consent required for copying of recording.

10 years imprisonment Amended 4 times
  • Obtain performer consent before copying recordings Any Person
s.182

Consent required for issue of copies to public.

Amended 4 times
s.182

Consent required for rental or lending of copies to public.

Amended 4 times
s.182

Consent required for making available to the public

Amended 4 times
  • Obtain performer consent before streaming or broadcasting recordings Any Person
s.182

Right to equitable remuneration for exploitation of sound recording.

Amended 4 times
  • Pay equitable remuneration to performers for public use of recordings Trader
s.191

Performers’ property rights.

Amended 9 times
s.191

Assignment and licences.

Amended 9 times
s.191

Prospective ownership of a performer’s property rights.

Amended 9 times
s.191

Exclusive licences.

Amended 9 times
s.191

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

Amended 9 times
s.191

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

Amended 9 times
s.191

Right to equitable remuneration where rental right transferred.

Amended 9 times
s.191

Equitable remuneration: reference of amount to Copyright Tribunal.

Amended 9 times
s.191

Assignment of performer’s property rights in a sound recording

Amended 9 times
s.191

Payment in consideration of assignment

Amended 9 times
  • Pay performers an annual share of revenue for old sound recordings Manufacturer
s.191

Infringement actionable by rights owner.

Amended 9 times
s.191

Provisions as to damages in infringement action.

Amended 9 times
s.191

Injunctions against service providers

Amended 9 times
s.191

Undertaking to take licence of right in infringement proceedings.

Amended 9 times
s.191

Rights and remedies for exclusive licensee.

Amended 9 times
s.191

Exercise of concurrent rights.

Amended 9 times
s.192

Performers’ non-property rights.

Amended 1 time
s.192

Transmissibility of rights of person having recording rights.

Amended 1 time
s.197

Presumptions relevant to recordings of performances

Amended 9 times
s.198

Enforcement by local weights and measures authority.

Amended 14 times
s.204

Forfeiture of illicit recordings: England and Wales or Northern Ireland

Amended 4 times
Other duties (1) — Crown / regulator
  • Courts may order the forfeiture and destruction of illicit recordings Tribunal / Court
s.204

Forfeiture: Scotland

10 years imprisonment Amended 4 times
Other duties (1) — Crown / regulator
  • Sheriff court must decide on forfeiture of illicit recordings in Scotland Tribunal / Court
s.205

Licensing of performers’ ... rights.

Amended 1 time
s.205

Jurisdiction of Copyright Tribunal.

Amended 1 time
s.205

Right to be identified as performer

Amended 1 time
s.205

Requirement that right be asserted

Amended 1 time
  • Assert your right to be identified as a performer in writing Any Person
s.205

Exceptions to right

Amended 1 time
s.205

Right to object to derogatory treatment of performance

Amended 1 time
s.205

Exceptions to right

Amended 1 time
s.205

Infringement 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
s.205

Duration of rights

Amended 1 time
s.205

Consent and waiver of rights

Amended 1 time
s.205

Application of provisions to parts of performances

Amended 1 time
s.205

Moral rights not assignable

Amended 1 time
s.205

Transmission of moral rights on death

Amended 1 time
s.205

Remedies for infringement of moral rights

Amended 1 time
s.210

s.210A

Amended 1 time
s.212

Power to amend in consequence of changes to international law

Amended 9 times
Browse 5 other sections in this Part — procedural / definitional / commencement

Part III — Design Right

s.249

Opinions service

Amended 5 times
Browse 38 other sections in this Part — procedural / definitional / commencement
s.244

Exception for private acts, experiments and teaching

s.244

Exception for overseas ships and aircraft

s.253

Actionable threats

s.253

Permitted communications

s.253

Remedies and defences

s.253

Professional advisers

s.253

Supplementary: proceedings for delivery up etc.

Part VII — Miscellaneous and General

s.296

Devices and services designed to circumvent technological measures

2 years imprisonment
  • Providing or selling technology to bypass copyright protection Any Person
s.296

Remedy where effective technological measures prevent permitted acts

  • Provide means to carry out permitted acts when DRM blocks them Any Person
s.296

Electronic rights management information

10 years imprisonment
  • Do not remove or alter electronic rights management information Any Person
s.297

Unauthorised decoders.

10 years imprisonment Amended 1 time
  • Use or sell unauthorised decoders for encrypted broadcasts Any Person
s.297

Search warrants

Amended 1 time
s.297

Forfeiture of unauthorised decoders: England and Wales or Northern Ireland

Amended 1 time
Other duties (1) — Crown / regulator
  • Courts may order the forfeiture and destruction of illegal decoders Tribunal / Court
s.297

Forfeiture of unauthorised decoders: Scotland

Amended 1 time
Other duties (1) — Crown / regulator
  • Courts in Scotland may order the forfeiture of unauthorised decoders Tribunal / Court
Browse 12 other sections in this Part — procedural / definitional / commencement
s.296

Avoidance of certain terms.

s.296

Avoidance of certain terms relating to databases

s.296

Circumvention of technological measures

s.296

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

s.296

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

s.296

Remedy where restrictive measures prevent or restrict personal copying

s.296

Interpretation of sections 296ZA to 296ZEA

Schedules

Browse 10 other Schedules — structural / supplementary

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 2 other unclassified sections
s.certain permitted uses of orphan works

CERTAIN PERMITTED USES OF ORPHAN WORKS

s.regulation of licensing bodies

Regulation of licensing bodies

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

IPO

Primary

Intellectual 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 …

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

Secondary legislation (1)

Explore more

Browse legislation

Find other UK business legislation with related guidance.

Regulators

Learn more about the bodies that enforce this legislation.