The Copyright, Designs and Patents Act 1988 (c. 48), 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 (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 a number of modifications to the law of the United Kingdom on registered designs and patents. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism. ... The Legal Deposit Libraries Act 2003 (the 2003 Act) is a British Act of Parliament which regulates the legal deposit of publications in the United Kingdom. ... 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 law. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is an incomplete list of Acts of the Parliament of Ireland for the years up to 1700. ... This is an incomplete list of Acts of the Parliament of Ireland for the years 1701 to 1800. ... This is a list of Acts of Parliament of the Scottish Parliament. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1707-1719. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1720-1739. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1740-1759. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1760-1779. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1780-1800. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1801-1819. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1820-1839. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1840-1859. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1860-1879. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1880-1899. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1900-1919. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1920-1939. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1940-1959. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1960-1979. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1980-1999. ... This is an list of Acts of the Parliament of the United Kingdom for the years 2000 to the present. ... This is a list of Acts of the Scottish Parliament. ... This is a list of Acts passed by the Parliament of Northern Ireland. ... This is a list of Acts of the Northern Ireland Assembly passed by that body during its existence between 2000 and 2002 when it was suspended. ... The is a list of Orders in Council for Northern Ireland which are primary legislation for the province when the it is being directly ruled from London and also for those powers not devolved to the Northern Ireland Assembly. ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... The is a list of Church of England Measures which are church legislation Church of England. ... An Act of Parliament or Act is law enacted by the parliament (see legislation). ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... This article does not cite any references or sources. ... Performing rights are the right to perform music in public. ... Design right is a sui generis intellectual property right in British law. ... For other uses, see Patent (disambiguation). ...

Copyright

Main article: Copyright law of the United Kingdom

Part I of the Act "restates and amends" (s. 172) the statutary 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 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.^[1] The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 (the 1988 Act), with later amendments. ... The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...

Descriptions of work

The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs.

• literary, dramatic and musical works (s. 3): these must be recorded in writing, and copyright subsists from the date at which recording takes place
• artistic works (s. 4): includes buildings, photographs, engravings and works of artistic craftsmanship.
• sound recordings and films (s. 5)
• broadcasts (s. 6): a broadcast is a transmission by wireless telegraphy which is intended for, and capable of reception by, members of the public.
• cable programmes (s. 7). A cable programme is a part of a service which transmits images, sound or other information to two or more different places or to members of the public by any means other than wireless telegraphy. There are several exceptions, including general Internet use, which may be modified by Order in Council.
• published editions (s. 8) means the published edition of the whole or part of one or more literary, dramatic or musical works.

The following works are exempted from copyright by the transitional provisions of Schedule 1: An Order-in-Council is a type of legislation in the United Kingdom and in the Commonwealth of Nations which is formally made in the name of the Queen by the Privy Council (Queen-in-Council), or the Governor-General in a Commonwealth realm or Governor by the Executive Council...

• artistic works made before 1957-06-01 which constituted a design which could be registered under the Registered Designs Act 1949 c. 88 (or repealed measures) and which was used as a model for reproduction by an industrial process (para. 6);
• films made before 1957-06-01: these are treated as dramatic works (if they so qualify under the 1911 Act) and/or as photographs (para. 7);
• broadcasts made before 1957-06-01 and cable programmes transmitted before 1985-01-01 (para; 9).

The Act as it received Royal Assent does not substantially change the qualification requirements of the author or 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. Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1985 (MCMLXXXV) was a common year starting on Tuesday (link displays 1985 Gregorian calendar). ... is the 1st day of the year in the Gregorian calendar. ...

Duration of copyright

The provisions on duration have been largely modified by the Duration of Copyright and Related Rights Regulations 1995 No. 3297.^[2] 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 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.

Transitional provisions

These provisions apply to works existing on 1989-08-01, other than those covered by Crown copyright or Parliamentary copyright (paras. 12 & 13 of Schedule 1). Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... is the 213th day of the year (214th in leap years) in the Gregorian calendar. ...

The duration of copyright in the following types of work continues to be governed by the 1956 Act:

• literary, dramatic and musical works published posthumously;
• engravings published posthumously;
• published photographs and photographs taken before 1957-06-01;
• published sound recordings and sound recordings made before 1957-06-01;
• published films and registered films;
• anonymous and pseudonymous literary, dramatic, musical or artistic works (other than photographs) where these have been published and unless the identity of the author becomes known.

Copyright in the following types of work lasts until 2039-12-31: Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... 2039 (MMXXXIX) will be a common year starting on Saturday of the Gregorian calendar. ... is the 365th day of the year (366th in leap years) in the Gregorian calendar. ...

• unpublished literary, dramatic and musical works of which the author has died (unpublished in the sense of the proviso to s. 2(3) of the 1956 Act);
• unpublished engravings of which the author has died;
• unpublished photographs taken on or after 1957-06-01;
• unpublished sound recordings made on or after 1957-06-01, unless they are released during the period of copyright;
• films which were neither published nor registered, unless they are released during the period of copyright;
• works of universities and colleges which were protected by perpetual copyright under the Copyright Act 1775 c. 53.

Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ...

Secondary infringement

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:

• importing infringing copies (s. 22);
• possessing or dealing with infringing copies (s. 23);
• providing means for making infringing copies (s. 24);
• permitting the use of premises for infringing performances (s. 25);
• providing apparatus for infringing performances (s. 26).

Permitted acts

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 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 Copyright Directive:^[3] the description below is of the Act as it received Royal Assent. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations. ... 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 law. ... The European Union (EU) 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, commonly known as the EU Copyright Directive or short EUCD, is the EUs implementation...

Educational use

In general, copying for educational use (including examination) is permitted so long as it is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35)^[4]: however, reprographic copying is only permitted within the limit of 1% of the work per three-month period (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 (e.g., by being teachers or governors). Further provisions are contained in secondary legislation.^[5]

Libraries and archives

Librarians may make and supply single copies of an article or of 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 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.^[6]

Public administration

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 is open to public inspection or on an official register may be copied under certain conditions:^[7] this includes material made open to public inspection by the European Patent Office and by the World Intellectual Property Organisation under the Patent Cooperation Treaty,^[8] and material held as public records under the Public Records Act 1958 c. 51 or similar legislation^[9] (s. 49). In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ... The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). ... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social... The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally. ... Public records refers to information that has been filed or recorded by public agencies, such as corporate and property records. ... The Public Records Act 1958 is the main legislation governing public records in the United Kingdom. ...

Designs and typefaces

The copyright in 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 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).

Miscellaneous

The following are also permitted acts (the list is not exhaustive):

• Fair dealing in a work for the purposes of private study or research (s. 29)
• Fair dealing in a work with acknowledgment for the purposes of criticism or review or, unless the work is a photograph, for the purposes of news reporting (s. 30);
• Incidental inclusion of copyright material in another work (s. 31);
• Public reading or recital by a single person with acknowledgment (s. 59);
• Copying and distribution of copies of the abstracts of scientific and technical articles (s. 60);
• Recordings of folksongs for archives (s. 61);^[10]
• Photographs, graphic works, films or broadcasts of buildings and sculptures in a public place (s. 62);
• Copying and distribution of copies of an artistic work for the purpose of advertising its sale (s. 63);
• Reconstruction of a building (s. 65)
• Rental of sound recordings, films and computer programs under a scheme which provides for reasonable royalty to the copyright holder (s. 66);
• Playing of sound recordings for the purposes of a non-commercial club or society (s. 67);
• Recording for the purposes of time-shifting (s. 70);
• Free public showing of broadcasts (s. 72);
• Provision of subtitled copies of broadcasts for the handicapped by designated bodies (s. 74);^[11]
• Recording of broadcasts for archival purposes (s. 75).^[12]

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations. ...

Moral rights

The Act creates 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: Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... Not to be confused with torte, an iced cake. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ... A malicious falsehood is a lie that was uttered with malice, IE. the utterer knew it was false or would cause damage or harm. ...

• the right to be identified as the author or the director, right which has to be "asserted" at the time of publication (ss. 77–79);
• the right to object to derogatory treatment of work (ss. 80–83);
• the right to object to false attribution of work (s. 84);
• the right to privacy of certain photographs and films (s. 85).

The moral rights of an author cannot be transferred to another person (s. 94) and pass to his heirs on his death (s. 95): however, they may be waived by consent (s. 87). The right to object to false attribution of work last for twenty years after a person death, the other moral rights last for the same period as the other copyright rights in the work (s. 86).

Enforcement of copyright

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 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).^[13] The making, dealing in or use of infringing copies is a criminal offense (s. 107). Copyright owners may ask the Commissioner for Customs and Excise to treat infringing copies as "prohibited goods", in which case they are prohibited from inport (s. 111).^[14] Not to be confused with torte, an iced cake. ... Not to be confused with torte, an iced cake. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Look up Injunction in Wiktionary, the free dictionary. ... Scots law is a unique legal system with an ancient basis in Roman law. ... Common stereotype of a criminal A crime in a broad sense is an act that violates a political or moral law. ...

Copyright Tribunal

The Act establishes the Copyright Tribunal as a continuation of the tribunal established under s. 23 of the 1956 Act (s. 145).^[15] The Tribunal is empowered (s. 149) to hear and determine proceedings concerning:

• copyright licencing schemes;
• royalties for rental of sound recordings, films or computer programs;
• licences made available as of right under s. 144 (powers of the Monopolies and Mergers Commission under the Fair Trading Act 1973 c. 41);
• the refusal of a performer to give consent under his rights in performances;
• royalties under the perpetual copyright of "Peter Pan" (see below).

An appeal on any point of law lies to the High Court, or to the Court of Session under Scots law. The Competition Commission (formerly the Monopolies and Mergers Commission) is an organisation that is financed by the government that investigates proposed monopolies or mergers and checks if they are in the public interest. ... Statue of Peter Pan in Bowring Park, St. ... Her Majestys High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the... The Court of Session is the supreme civil court in Scotland. ... Scots law is a unique legal system with an ancient basis in Roman law. ...

Crown and Parliamentary copyrights

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 the copyrights of certain international organisations. Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. ... Parliamentary copyright was first created in the United Kingdom by the Copyright, Designs and Patents Act 1988. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... For the national legislative body up to 1707, see Parliament of Scotland. ...

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 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^[16]). The works of the United Nations and its specialised agencies and of the Organisation of American States are protected for fifty years after creation (s. 168, Copyright (International Organisations) Order 1989 No. 989^[17]). The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The Organization of American States (OAS; OEA in the other three official languages) is an international organization, headquartered in Washington, D.C., USA. Its members are the 35 independent nations of the Americas. ...

Territorial application

Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. 157). It has also been extended, with consequential amendments, by Order in Council to Bermuda^[18] and Gibraltar^[19]. Works originating (by publication or nationality/domicile of the author) in the Isle of Man^[20] or in one of the following former dependent territories^[21] qualify for copyright under the Act: An Order-in-Council is a type of legislation in the United Kingdom and in the Commonwealth of Nations which is formally made in the name of the Queen by the Privy Council (Queen-in-Council), or the Governor-General in a Commonwealth realm or Governor by the Executive Council... A United Kingdom overseas territory (formerly known as a dependent territory or earlier as a crown colony) is a territory that is under the sovereignty and formal control of the United Kingdom but is not part of the United Kingdom proper (Great Britain and Northern Ireland). ...

Apart from these provisions, all countries of origin whose works qualified for United Kingdom copyright under the 1911 or 1956 Acts continue to qualify under this Act (para. 4(3) of Schedule 1).^[22] Flag Anthem God Save the Queen Capital Basseterre (Overall) Charlestown (Nevis), The Valley (Anguilla) Language(s) English Government Constitutional monarchy Queen Elizabeth II History  - Established January 3, 1958  - Disestablished September 19, 1983 Area 351 km² Currency East Caribbean dollar (XCD) St. ...

Rights in performances

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.^[23] These rights are retrospective in respect of performances before commencement on 1 August 1989 (s. 180). These rights have been largely extended by the transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty:^[24] the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself. As a performer, every individual has certain rights. ... The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of the World Intellectual Property Organization on October 26, 1961. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... The WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996. ...

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 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 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 is a criminal offense (s. 198), as is the false representation of authority to give consent (s. 201). Not to be confused with torte, an iced cake. ... Not to be confused with torte, an iced cake. ... Scots law is a unique legal system with an ancient basis in Roman law. ... Common stereotype of a criminal A crime in a broad sense is an act that violates a political or moral law. ...

Design right

Part III of the Act creates a "design right" separate from the registration of designs governed by the Registered Design Act 1949. To qualify, the design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s. 213(3)):

• principles and methods of construction;
• articles which must connect with or otherwise fit another article so that one or the other may perform their function;
• designs which are dependent on the appearance of another article;
• surface decoration.

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)). Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... is the 213th day of the year (214th in leap years) in the Gregorian calendar. ...

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).

Registered designs

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 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 the Registered Designs Act 1949 is included (s. 273, Schedule 4). A monopoly (from the Greek language monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a product or service, in other words a firm that has no competitors in its industry. ...

Other provisions

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. A patent attorney is an attorney-at-law specialized in patent law. ... This article is about permission granted by law or other rules. ...

Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required.^[25] Section 300 creates the offense of fraudulently using a trademark, inserted as ss. 58A–58D of the Trade Marks Act 1938 c. 22.

Section 301 and Schedule 6 contain an unusual, perpetual grant of copyright, proposed by Lord Callaghan of Cardiff, enabling the Great Ormond Street Hospital for Sick Children to continue to receive royalties for performances of "Peter Pan". The right to receive royalties was granted in the will of the author, J. M. Barrie, but expired with the normal copyright period on 1987-12-31. Leonard James Callaghan, Baron Callaghan of Cardiff, KG, PC (27 March 1912 – 26 March 2005), was Labour Prime Minister of the United Kingdom from 1976 to 1979. ... The Great Ormond Street Hospital for Sick Children was founded in London in 1852 as the first hospital specifically for children in the English-speaking world. ... Statue of Peter Pan in Bowring Park, St. ... You may be looking for James Barry, surgeon Sir James Matthew Barrie, Bt. ... Year 1987 (MCMLXXXVII) was a common year starting on Thursday (link displays 1987 Gregorian calendar). ... is the 365th day of the year (366th in leap years) in the Gregorian calendar. ...

Commencement

There are numerous commencement dates for 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^[30] are technical measures to allow the preparation of secondary legislation.

One way to make sure you do the breach the copyright designs and patent act 1988 is to make sure the software you purchase/use is authentic. There are a few ways in which to do this, one would be to look at the package and the actual software before installing/using but then again it may look authentic, but it still may be an illegal copy. Another way would be to search the interent for an authentic copy or after installing the software you could search the internet to find a website that checks if the software is authentic.

Modifications

Transposition of European Union directives

The following regulations were made under the European Communities Act 1972 in order to implement European Union directives in UK law. European Communities Act 1972 can refer to: An act passed in the United Kingdom: see European Communities Act 1972 (UK) An act passed in the Republic of Ireland: see European Communities Act 1972 (Ireland) This is a disambiguation page — a navigational aid which lists other pages that might otherwise... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ...

Also: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights[1] is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission is a European Union directive which governs the application of copyright and related rights to satellite and cable television in the... The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... The 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, commonly known as the EU Copyright Directive (EUCD) or the Information Society Directive (Infosoc), is a European Union... 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 law. ... Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European Union directive in the field of copyright law, made under the internal market provisions of... Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the internal market provisions of the Treaty of Rome. ...

• Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995 No. 1445^[42]

Other modifying measures

• National Health Service and Community Care Act 1990 c. 19
• Courts and Legal Services Act 1990 c. 41
• Broadcasting Act 1990 c. 42
• Judicial Pensions and Retirement Act 1993 c. 8
• Charities Act 1993 c. 10
• Trade Marks Act 1994 c. 26
• Criminal Justice and Public Order Act 1994 c. 33
• Broadcasting Act 1996 c. 55
• Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676^[43]
• Conditional Access (Unauthorised Decoders) Regulations 2000 No. 1175^[44]
• Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 c. 25^[45]
• Copyright (Visually Impaired Persons) Act 2002 c. 33^[46]
• Legal Depost Libraries Act 2003 c. 28^[47]
• Re-use of Public Sector Information Regulations 2005 No. 1515^[48]
• Performances (Moral Rights, etc.) Regulations 2006 No. 18^[49]

The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism. ... The Judicial Pensions and Retirement Act 1993 is a piece of British legislation that strengthened the mandatory retirement provisions previously instituted by the Judicial Pensions Act 1959 for members of the British judiciary. ... The United Kingdom Trade Marks Act 1994 is the current law governing trademarks within the UK. It implements an earlier EU Directive which forms the framework for the trade mark laws of all EU member states. ... The Criminal Justice and Public Order Act 1994 was an act of parliament brought into law by the Parliament of the United Kingdom. ...

Other secondary legislation

• Copyright (Industrial Process and Excluded Articles) (No. 2) Order 1989 No. 1070

References and notes

The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ... 1887 (MDCCCLXXXVII) is a common year starting on Saturday (click on link for calendar) of the Gregorian calendar or a common year starting on Monday of the Julian calendar. ... is the 339th day of the year (340th in leap years) in the Gregorian calendar. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... is the 2nd day of the year in the Gregorian calendar. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... is the 77th day of the year (78th in leap years) in the Gregorian calendar. ... The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of the World Intellectual Property Organization on October 26, 1961. ... Also Nintendo emulator: 1964 (emulator). ... is the 138th day of the year (139th in leap years) in the Gregorian calendar. ... This article is about the year. ... is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... The WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996. ... European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ...

External links

• Official text of the Act as amended and in force today in the UK, from the Statute Law Database
• Text as it received Royal Assent
• Overview on copyright history