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Defined terms — Copyright, Designs and Patents Act 1988

United Kingdom · ukpga/1988/48 · 3242 provisions

207 defined in this instrument.

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50-year period — but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorised act, where the sound recording is published during the initial period, the period of 50 years from the end of the calendar year in which the sound recording is first published, or where during the initial period the sound recording is not published but is made available to the public by being played in public or communicated to the public, the period of 50 years from the end of the calendar year in which it was first made available to the public Section 191HA(7)
account of profits — accounting and payment of profits Section 177
account of profits — accounting and payment of profits Section 262
accounts — count, reckoning and payment Section 177
accounts — count, reckoning and payment Section 262
act incidental to Crown use — anything done for the services of the Crown to the order of a government department by the design right owner in respect of a design Section 242(6)
actionable threat — a threat of infringement proceedings that is actionable in accordance with this section Section 253A(6)
Appeal Tribunal — the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the Administration of Justice Act 1969 Schedule 4, paragraph 44(1)
appointed day — the day appointed for the coming into force of paragraph 1 of Schedule 4 to the Legal Services Act 2007; “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207) Section 275A(7)
appropriate person — the person required to make the material open to public inspection or, as the case may be, the person maintaining the register Section 47(6)
article — any article of manufacture and includes any part of an article if that part is made and sold separately; “artistic work” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988; “assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person; “author”, in relation to a design, has the meaning given by section 2(3) and (4); ... ... ... ... ... ... ... “corresponding design”, in relation to an artistic work, means a design which if applied to an article would produce something which would be treated for the purposes of Part I of the Copyright, Designs and Patents Act 1988 as a copy of that work; “the court” shall be construed in accordance with section 27 of this Act; “design” has the meaning assigned to it by section 1(1) of this Act; “employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship; ... ... ... ... ... ... .. Schedule 4, paragraph 44(1)
artistic work — — a graphic work, photograph, sculpture or collage, irrespective of artistic quality, a work of architecture being a building or a model for a building, or a work of artistic craftsmanship Section 4(1)
author — an author, or prospective author, of a literary, dramatic, musical or artistic work Section 93A(2)
Authorised body — — an educational establishment, or a body that is not conducted for profit Section 31F(6)
Berne Convention country — a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and references to simultaneous publication are to publication within 30 days of first publication Section 15A(6)
British design — a design which qualifies for design right protection by reason of a connection with the United Kingdom of the designer or the person by whom ... the designer is employed; “business” includes a trade or profession; .. Section 263(1)
British hovercraft — an aircraft or hovercraft registered in the United Kingdom Section 162(2)
British hovercraft — an aircraft or hovercraft registered in the United Kingdom Section 210(2)
British performance — a performance— given by an individual who is a British citizen or resident in the United Kingdom, or taking place in the United Kingdom Section 208(3)
British ship — a ship which is a British ship for the purposes of the Merchant Shipping Act 1995 otherwise than by virtue of registration in a country outside the United Kingdom; and “British aircraft” and Section 162(2)
British ship — a ship which is a British ship for the purposes of the Merchant Shipping Act 1995 otherwise than by virtue of registration in a country outside the United Kingdom; and “British aircraft” and Section 210(2)
British works — works of which the author was a qualifying person at the material time within the meaning of section 154 Section 160(3)
broadcast — an electronic transmission of visual images, sounds or other information which— and which is not excepted by subsection (1A); and references to broadcasting shall be construed accordingly. is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or is transmitted at a time determined solely by the person making the transmission for presentation to members of the public Section 6(1)
cable operator — a person responsible for cable re-transmission of a wireless broadcast Section 144A(7)
cable re-transmission — the reception and immediate re-transmission by cable, including the transmission of microwave energy between terrestrial fixed points, of a wireless broadcast Section 144A(7)
certified extract — a copy and extract certified by the registrar and sealed with the seal of the Patent Office Schedule 4, paragraph 17(12)
certified licensing scheme — a licensing scheme certified for the purposes of this section under section 143 Section 141(9)
collecting society — a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration on behalf of more than one performer Section 182D(8)
collecting society — a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration on behalf of more than one performer Section 191G(6)
collecting society — a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration under this section on behalf of more than one author Section 93B(7)
collective work — — any encyclopaedia, dictionary, yearbook, or similar work; a newspaper, review, magazine, or similar periodical; and any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated Schedule 1, paragraph 27(5)
collective work — — a work of joint authorship, or a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated; “computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work; “country” includes any territory; “the Crown” includes the Crown in right of the Scottish Administration , of the Welsh Assembly Government or of Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends Section 178
conditional access services — services comprising the provision of conditional access technology Section 298(7)
conditional access technology — any technical measure or arrangement whereby access to encrypted transmissions in an intelligbile form is made conditional on prior individual authorisation Section 297A
Convention country — a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party Section 208(2)
copyright licences — licences to do, or authorise the doing of, any of the acts restricted by copyright Section 116(3)
copyright work — a work of any of those descriptions in which copyright subsists Section 1(2)
database — a collection of independent works, data or other materials which— are arranged in a systematic or methodical way, and are individually accessible by electronic or other means Section 3A(1)
dealt with — sold or let for hire, offered or exposed for sale or hire or communicated to the public Schedule 2, paragraph 17A(3)
dealt with — sold or let for hire, offered or exposed for sale or hire or communicated to the public Schedule 2, paragraph 17B(3)
dealt with — sold or let for hire or offered or exposed for sale or hire Schedule 2, paragraph 3B(11)
dealt with — — sold or let for hire, offered or exposed for sale or hire, or communicated otherwise than as permitted by sub-paragraph (2) Schedule 2, paragraph 6(6)
dealt with — — sold or let for hire, offered or exposed for sale or hire, or communicated otherwise than as permitted by sub-paragraph (2) Schedule 2, paragraph 6ZA(8)
dealt with — sold or let for hire, offered or exposed for sale or hire, or exhibited in public Section 141(5)
dealt with — sold or let for hire, or offered or exposed for sale or hire Section 29A(4)
dealt with — sold or let for hire or offered or exposed for sale or hire Section 31A(7)
dealt with — sold or let for hire or offered or exposed for sale or hire Section 31B(12)
dealt with — — sold or let for hire, offered or exposed for sale or hire, or communicated otherwise than as permitted by subsection (2) Section 35(6)
dealt with — — sold or let for hire, offered or exposed for sale or hire, or communicated otherwise than as permitted by subsection (2) Section 36(9)
dealt with — sold or let for hire, offered or exposed for sale or hire, exhibited in public , distributed or communicated to the public Section 63(2)
dealt with — sold or let for hire, offered or exposed for sale or hire or communicated to the public Section 70(3)
dealt with — sold or let for hire, offered or exposed for sale or hire or communicated to the public Section 71(3)
decoder — any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded; “encrypted” includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application Section 297A
dependent territory — any of the Channel Islands, the Isle of Man or any colony Schedule 1, paragraph 36(6)
design — features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include— a method or principle of construction, or features of shape or configuration of an article which— are dictated solely by the function which the article has to perform, or are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part Schedule 4, paragraph 1(1)
design — the design of ... the shape or configuration (whether internal or external) of the whole or part of an article Section 213(2)
design — the design of ...the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration Section 51(3)
design document — any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise; “employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship; “government department” includes a Northern Ireland department and any part of the Scottish Administrationand any part of the Welsh Assembly Government Section 263(1)
design document — any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise Section 51(3)
design pooling agreement — an agreement— to which the parties are or include at least three persons(the “principal parties”) each of whom has an interest in one or more design rights, and by which each principal party agrees, in respect of design right in which he has, or may during the currency of the agreement acquire, an interest to grant an interest (directly or indirectly) to one or more of the other principal parties, or to one or more of those parties and to other persons. In this paragraph— “ assignment ”, in Scotland, means assignation Schedule 7, paragraph 18(3)
director — a member of the body corporate Schedule 3, paragraph 25(1)
director — a member of the body corporate Schedule 4, paragraph 35A(2)
director — a member of the body corporate Section 110(2)
director — a member of the body corporate Section 202(2)
director — a member of the body corporate Section 297(2)
Disabled person — a person who has a physical or mental impairment which prevents the person from enjoying a recording of a performance to substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly Schedule 2, paragraph 3E(2)
Disabled person — a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly Section 31F(2)
e-audio-book — an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission Section 40A(1A)
EEA state — a member State, Iceland, Liechtenstein or Norway Section 172A
electronic — actuated by electric, magnetic, electro-mechanical energy Section 178
exclusive licence — a licence from a registered proprietor which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the registered proprietor), any right in respect of the registered design Schedule 4, paragraph 2(5)
exclusive licence — a licence in writing signed by or on behalf of the owner of a performer’s property rights authorising the licensee to the exclusion of all other persons, including the person granting the licence, to do anything requiring the consent of the rights owner Section 191D(1)
exclusive licence — a licence in writing signed by or on behalf of the design right owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the design right owner Section 225(1)
exclusive licence — a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner Section 92(1)
exclusive recording contract — a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make recordings of one or more of his performances with a view to their commercial exploitation Section 185(1)
existing material — — any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996 Schedule 2, paragraph 17(4)
existing material — — any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996 Section 69(4)
film — a recording on any medium from which a moving image may by any means be produced Section 5B(1)
future copyright — copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event; and “prospective owner” shall be construed accordingly, and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1) Section 91(2)
future design right — design right which will or may come into existence in respect of a future design or class of designs or on the occurrence of a future event; and “prospective owner” shall be construed accordingly, and includes a person who is prospectively entitled to design right by virtue of such an agreement as is mentioned in subsection (1) Section 223(2)
general licence — a licence granted by a licensing body which covers all works of the description to which it applies Section 140(7)
GOSH Children's Charity — Great Ormond Street Hospital Children's Charity (company registration number 9338724) Schedule 6, paragraph 1(1)
group — two or more performers who have a particular name by which they may be identified collectively Section 205C(4)
in electronic form — in a form usable only by electronic means; “employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship; “facsimile copy” includes a copy which is reduced or enlarged in scale Section 178
infringing article — a sound recording of a qualifying performance with any distortion, mutilation or other modification that is prejudicial to the reputation of the performer Section 205H(2)
infringing article — a work or a copy of a work which— has been subjected to derogatory treatment within the meaning of section 80, and has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right Section 83(2)
initial period — the period beginning on the date the recording is made and ending 50 years from the end of the calendar year in which the sound recording is made Section 191HA(7)
injunction — “interdict”; the expression “arbitrator”means “arbiter”; the expression Schedule 4, paragraph 45
innocently acquired — that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording Section 184(3)
innocently acquired — that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording Section 188(3)
innocently acquired — that the person acquiring the article did not know and had no reason to believe that it was an infringing article Section 233(3)
intellectual property — patents, registered designs, copyright and design right (or any similar rights under the law of a country outside the United Kingdom) Schedule 7, paragraph 36(9)
interest — an interest as owner or licensee of design right. This paragraph applies to an interest held by or granted to more than one person jointly as if they were one person. References in this paragraph to the granting of an interest to a person indirectly are to its being granted to a third person for the purpose of enabling him to make a grant to the person in question Schedule 7, paragraph 18(3)
international organisation — an organisation the members of which include one or more states; “judicial proceedings”includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities Section 178
item — a work or a copy of a work Section 42(6)
joint design — a design produced by the collaboration of two or more designers in which the contribution of each is not distinct from that of the other or others Section 259(1)
kit — a complete or substantially complete set of components intended to be assembled into an article. does anything in relation to a kit that would be an infringement if done in relation to the assembled article (see subsection (1)), or makes anything for enabling a kit to be made or assembled, in the United Kingdom or elsewhere, if the assembled article would be such an article as is mentioned in subsection (1) Schedule 4, paragraph 7(4)
lending — making a copy of a recording available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public Section 182C(2)
lending — making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public Section 18A(2)
lending right — the right of a performer under this section to authorise or prohibit the lending of copies to the public Section 182C(7)
Library — — a library which is publicly accessible, or a library of an educational establishment Section 43A(2)
licensing body — a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, whether as owner or prospective owner of a performer’s property rights or as agent for him, of performers’ property right licences, and whose objects include the granting of licences covering the performances of more than one performer Schedule 2A, paragraph 1(2)
licensing body — a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences covering works of more than one author , or, any other organisation which is a collective management organisation as defined by regulation 2 of the Collective Management of Copyright (EU Directive) Regulations 2016 Section 116(2)
licensing scheme — a scheme setting out— and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant performers’ property right licences, and the terms on which licences would be granted in those classes of case Schedule 2A, paragraph 1(1)
licensing scheme — a licensing scheme of any of those descriptions. copying a recording of the whole or any substantial part of a qualifying performance, . . . making such a recording available to the public in the way mentioned in section 182CA(1), or. renting or lending copies of a recording to the public Schedule 2A, paragraph 2
licensing scheme — a scheme setting out— and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences, and the terms on which licences would be granted in those classes of case Section 116(1)
literary work — any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes— a table or compilation other than a database, ... a computer program, ... preparatory design material for a computer program , and a database; “dramatic work” includes a work of dance or mime Section 3(1)
marketed — sold, let for hire or offered or exposed for sale or hire, in the United Kingdom or elsewhere Section 55(3)
Marrakesh beneficiary — a person who— is blind, has a visual impairment which cannot be improved so as to give the person visual function substantially equivalent to that of a person who has no such impairment, and who is, as a result, unable to read printed works to substantially the same degree as a person without such an impairment, has a perceptual or reading disability and is, as a result, unable to read printed works to substantially the same degree as a person without such disability, or is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would normally be acceptable for reading Section 296ZE
Marrakesh work — a work in the form of a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright, related rights or database rights and which is published or otherwise lawfully made publicly available Section 296ZE
musical work — a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music Section 3(1)
national of the United Kingdom — — a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen, a person who under the British Nationality Act 1981 is a British subject, a British protected person within the meaning of that Act, or a body incorporated under the law of any part of the United Kingdom. “parliamentary proceedings” includes proceedings of the Northern Ireland Assembly of the Scottish Parliament, of the New Northern Ireland Assembly or of the European Parliament and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006; “ private study ” does not include any study which is directly or indirectly for a commercial purpose; “producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken Section 178
needletime — the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast . . . ; “ sound recording ” does not include a film sound track when accompanying a film Section 135A(5)
non-exclusive licensee — the holder of a licence authorising the licensee to exercise a right which remains exercisable by the copyright owner Section 101A(6)
patent attorney — — a registered patent attorney or a person who is on the European list, a partnership entitled to describe itself as a firm of patent attorneys or as a firm carrying on the business of a European patent attorney, ... an unincorporated body (other than a partnership) entitled to describe itself as a patent attorney, or a body corporate entitled to describe itself as a patent attorney or as a company carrying on the business of a European patent attorney Section 280(3)
patent attorney work — work done in the course of carrying on the business of acting as agent for others for the purpose of— applying for or obtaining patents, in the United Kingdom or elsewhere, or conducting proceedings before the comptroller relating to applications for, or otherwise in connection with, patents Section 275A(7)
patent proceedings — proceedings under this Act or any of the relevant conventions, before the court, the comptroller or the relevant convention court, whether contested or uncontested and including an application for a patent Schedule 7, paragraph 21(2)
payment for Crown use — such amount as is payable by the government department concerned by virtue of section 241; and “royalties” includes any benefit determined by reference to the use of the design Section 242(6)
performance — — which is, or so far as it is, a live performance given by one or more individuals; and “recording”, in relation to a performance, means a film or sound recording— a dramatic performance (which includes dance and mime), a musical performance, a reading or recitation of a literary work, or a performance of a variety act or any similar presentation, made directly from the live performance, made from a broadcast of . . . the performance, or made, directly or indirectly, from another recording of the performance Section 180(2)
performers’ property right licences — licences to do, or authorise the doing of, any of the things for which consent is required under section 182A, 182B, 182C or 182CA Schedule 2A, paragraph 1(3)
period of emergency — a period beginning on such date as may be declared by Order in Council to be the commencement, and ending on such date as may be so declared to be the termination, of a period of emergency for the purposes of this paragraph Schedule 4, paragraph 4(2)
period of emergency — a period beginning with such date as may be declared by Order in Council to be the beginning, and ending with such date as may be so declared to be the end, of a period of emergency for the purposes of this section Section 244(3)
permitted act — an act which may be done in relation to copyright works, notwithstanding the subsistence of copyright, by virtue of a provision of this Act listed in Part 1 of Schedule 5A Section 296ZE
personal copy — a copy made under this paragraph Schedule 2, paragraph 1B(3)
personal copy — a copy made under this section Section 28B(3)
personal copy — a copy of a copyright work which may be made under section 28B; “voluntary measure or agreement” has the same meaning as in section 296ZE, except that the reference to carrying out a permitted act is to be read as a reference to making a personal copy Section 296ZEA(8)
photograph — a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film; “sculpture” includes a cast or model made for purposes of sculpture. any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work Section 4(2)
plaintiff — “pursuer”; the expression Schedule 4, paragraph 45
prescribed — prescribed by rules made by the Secretary of State under this Act; “proprietor” has the meaning assigned to it by section two of this Act Schedule 4, paragraph 44(1)
prescribed — prescribed by order of the Secretary of State Section 100(5)
prescribed — prescribed by order of the Secretary of State Section 196(5)
prescribed — prescribed by regulations made by the Secretary of State Section 44A(7)
producer — the person for the time being entitled to the copyright in the sound recording Section 191HA(7)
professional adviser — a person who, in relation to the making of the communication containing the threat— is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means) Section 253D(2)
public library — a library administered by or on behalf of— in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964; in Scotland, a statutory library authority within the meaning of the Public Libraries (Scotland) Act 1955; in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern Ireland) Order 1986; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 178
qualifying country — — the United Kingdom, a country to which this Part extends by virtue of an Order under section 255, or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection Section 217(3)
qualifying individual — an individual who at the material time (within the meaning of section 154) was a person whose works qualified under that section for copyright protection Section 169(5)
qualifying individual — a citizen or subject of, or an individual resident in, a qualifying country Section 206(1)
qualifying person — a qualifying individual or a body corporate or other body having legal personality which— the United Kingdom, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Channel Islands, the Isle of Man or Gibraltar, or a country which is a party to the Rome Convention, or to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection; is formed under the law of a part of the United Kingdom or another qualifying country, and has in any qualifying country a place of business at which substantial business activity is carried on Section 206(1)
qualifying person — — an individual habitually resident in a qualifying country, or a body corporate or other body having legal personality which— is formed under the law of a part of the United Kingdom or another qualifying country, and has in any qualifying country a place of business at which substantial business activity is carried on Section 217(1)
registered person — — a registered patent attorney, or a body (corporate or unincorporate) registered in the register kept under section 275 Section 275A(7)
registered proprietor — the person or persons for the time being entered in the register of designs as proprietor of the design Schedule 4, paragraph 44(1)
registrar — the Comptroller-General of Patents Designs and Trade Marks Schedule 4, paragraph 44(1)
regulated person — a person who is not a registered person but is a manager or employee of a body which is a registered person Section 275A(7)
relevant offence — — an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc.), an offence under the Trade Descriptions Act 1968 (c. 29), an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or an offence involving dishonesty or deception Section 114A(2)
relevant offence — — an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc), an offence under the Trade Descriptions Act 1968, an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or any offence involving dishonesty or deception Section 114B(15)
relevant offence — — an offence under section 198(1) or (1A)(criminal liability for making or dealing with illicit recordings), an offence under the Trade Descriptions Act 1968 (c. 29), an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or an offence involving dishonesty or deception Section 204A(2)
relevant offence — — an offence under section 198(1) or (1A) (criminal liability for making or dealing with illicit recordings), an offence under the Trade Descriptions Act 1968, an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or any offence involving dishonesty or deception Section 204B(15)
relevant offence — — an offence under section 297A(1) (criminal liability for making, importing, etc. unauthorised decoders), an offence under the Trade Descriptions Act 1968, an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or an offence involving dishonesty or deception Section 297C(2)
relevant offence — — an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders), an offence under the Trade Descriptions Act 1968, an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or any offence involving dishonesty or deception Section 297D(15)
relevant period — — the period of 12 months beginning at the end of the 50-year period, and each subsequent period of 12 months beginning with the end of the previous period, until the date on which copyright in the sound recording expires Section 191HB(2)
relevant work — a copyright work other than— a broadcast, or an artistic work which is not incorporated into another work Section 36(4)
rental — making a copy of a recording available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage Section 182C(2)
rental — making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage Section 18A(2)
rental right — the right of a copyright owner to authorise or prohibit the rental of copies of the work (see section 18A); “reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process Section 178
rental right — the right of a performer under this section to authorise or prohibit the rental of copies to the public Section 182C(7)
reprographic process — a process— and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording; for making facsimile copies, or involving the use of an appliance for making multiple copies Section 178
restrictive measure — any technology, device or component designed, in the normal course of its operation, to protect the rights of copyright owners, which has the effect of preventing a copyright work from being copied (in whole or in part) or restricting the number of copies which may be made Section 296ZEA(8)
rights management information — any information provided by the copyright owner or the holder of any right under copyright which identifies the work, the author, the copyright owner or the holder of any intellectual property rights, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information Section 296ZG(7)
set of articles — a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied Schedule 4, paragraph 44(1)
sound recording — — regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. a recording of sounds, from which the sounds may be reproduced, or a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced Section 5A(1)
statutory inquiry — an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment Section 46(4)
statutory register — a register maintained in pursuance of a statutory requirement Section 47(6)
statutory requirement — a requirement imposed by provision made by or under an enactment Section 47(6)
sufficient acknowledgement — an acknowledgement identifying the work in question by its title or other description, and identifying the author unless— in the case of a published work, it is published anonymously; in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry; “sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication— that the work has been subjected to treatment to which the author or director has not consented, given at the time of the act, and if the author or director is then identified, appearing along with the identification Section 178
sufficient consent — — in the case of a qualifying performance, the consent of the performer, and in the case of a non-qualifying performance subject to an exclusive recording contract— The references in this subsection to the person having recording rights are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them. for the purposes of subsection (1)(a) (making of recording), the consent of the performer or the person having recording rights, and for the purposes of subsection (1)(b), (c) and (d) and subsection (2) (dealing with or using recording), the consent of the person having recording rights Section 198(3)
sufficient quantities — such quantity as to satisfy the reasonable requirements of the public for copies of the sound recording, “unauthorised act” has the same meaning as in section 178 Section 191HA(7)
telecommunications system — a system for conveying visual images, sounds or other information by electronic means; “typeface” includes an ornamental motif used in printing; “unauthorised”, as regards anything done in relation to a work, means done otherwise than— by or with the licence of the copyright owner, or if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or in pursuance of section 48 (copying, &c of certain material by the Crown) Section 178
terms of payment — terms as to payment for including sound recordings in a broadcast . . . Section 135A(6)
the 1911 Act — the Copyright Act 1911 Schedule 1, paragraph 1(1)
the 1956 Act — the Copyright Act 1956 Schedule 1, paragraph 1(1)
the 2003 Act — the Legal Deposit Libraries Act 2003; “ deposit library ”, “ reader ” and “ relevant material ” have the same meaning as in section 7 of the 2003 Act Section 44A(7)
the appropriate Minister or Ministers — the Minister or Ministers to whom the report of the Monopolies and Mergers Commission was made Schedule 4, paragraph 11A(7)
the appropriate Minister or Ministers — the Minister or Ministers to whom the report of the Commission was made Schedule 5, paragraph 14(4)
the appropriate Minister or Ministers — the Minister or Ministers to whom the report of the Monopolies and Mergers Commission was made Section 270(7)
the Berne Convention — any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9 September 1886 Section 159(9)
the Community Design Regulation — Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs Section 53(4)
the comptroller — the Comptroller-General of Patents, Designs and Trade Marks; “computer-generated”, in relation to a design, means that the design is generated by computer in circumstances such that there is no human designer, “country” includes any territory; “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland and the Crown in right of the Scottish Administrationand the Crown in right of the Welsh Assembly Government Section 263(1)
the comptroller — the Comptroller-General of Patents, Designs and Trade Marks; “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate Section 286
the court — — in England and Wales the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988, in Scotland, the Court of Session, and in Northern Ireland, the High Court Schedule 3, paragraph 16(1)
the court — — in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988, in Scotland, the Court of Session, and in Northern Ireland, the High Court Schedule 4, paragraph 27(1)
the court — — in relation to an order made on an application under subsection (2)(a), the sheriff, and in relation to an order made under subsection (2)(b), the court which imposed the penalty Section 114B(15)
the court — — in relation to an order made on an application under subsection (2)(a), the sheriff, and in relation to an order made under subsection (2)(b), the court which imposed the penalty Section 204B(15)
the court — — in England and Wales, the High Court, in Scotland, the Court of Session, and in Northern Ireland, the High Court Section 252(6)
the court — — in relation to an order made on an application under subsection (2)(a), the sheriff, and in relation to an order made under subsection (2)(b), the court which imposed the penalty Section 297D(15)
the EEA — the European Economic Area Section 172A
the European list — the list of professional representatives maintained by the European Patent Office in pursuance of the European Patent Convention; “registered patent attorney” has the meaning given by section 275 (2); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 286
the High Court — the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session Schedule 3, paragraph 17(4)
the High Court — the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session Schedule 4, paragraph 28(10)
the Hospital — Great Ormond Street Hospital for Children, .. Schedule 6, paragraph 1(1)
the new copyright provisions — the provisions of this Act relating to copyright, that is, Part I (including this Schedule) and Schedules 3, 7 and 8 so far as they make amendments or repeals consequential on the provisions of Part I Schedule 1, paragraph 1(1)
the prescribed amount — such amount as may be prescribed by Her Majesty for the purposes of this section by Order in Council Section 290(6)
the public lending right scheme — the scheme in force under section 1 of that Act, a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and “lending” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply) Section 40A(1A)
the relevant conventions — the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty Schedule 7, paragraph 21(2)
the relevant date — — in relation to a direction under section 123(3), the date on which the reference was made; in relation to a direction under section 128(3), the date on which the reference or application was made; in relation to an order section 135D(1), the date on which the first payment under section 135C(2) became due; and in relation to an order under section 135F, the date on which the application was made Section 151A(2)
the Rome Convention — the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961 Section 159(9)
the Rome Convention — the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961 Section 206(6)
the work — the play “Peter Pan” by Sir James Matthew Barrie Schedule 6, paragraph 1(1)
the WPPT — the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20 December 1996 Section 159(9)
transmission — — any programme included in a broadcasting . . . service which is provided from a place in the United Kingdom...; or an information society service (within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 , as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998 ) which is provided from a place in the United Kingdom ...; and “unauthorised”, in relation to a decoder, means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means) Section 297A
UK-EEA area — the United Kingdom and the EEA, taken together Section 182B(3A)
voluntary measure or agreement — — the effect of which is to enable a person to carry out a permitted act. any measure taken voluntarily by a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program, or any agreement between a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program and another party Section 296ZE
wireless broadcast — a broadcast by means of wireless telegraphy Section 178
wireless telegraphy — the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose , but does not include the transmission of microwave energy between terrestrial fixed points; “writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly Section 178
with a view to commercial exploitation — with a view to the recordings being sold or let for hire, or shown or played in public Section 185(4)
work of co-authorship — a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together Section 10A(1)
work of joint authorship — a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors Section 10(1)