ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce IPINII/GBRlC/2 
15 mars 1996 
(96-0921) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Royaume-Uni 
Le present document contient le texte des lois et reglementations ci-apres1, notifiees par le 
Royaume-Uni au titre de I'article 63:2 de l' Accord (voir le document IP/N/lIGBRl1): 
Reglements de 1995 sur la duree du droit d'auteur et des droits 
relatifs aux representations ou executions 
Reglements de 1992 sur le droit d'auteur (programmes d'ordinateur) 
1 Anglais seulement. 2 
21 IP/N/lIGBRlC/2 
Page 2 
STATUTORY INSTRUMENTS 
1995 No. 3297 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Duration of Copyright and Rights in Performances 
Regulations 1995 
}.1ade - 19th December 1995 
Coming into force - 1 st January 1996 
ARRANGEMENT OF REGULATIONS 
PART I 
INTRODUCTOR Y PROVISIONS 
1. Citation, commencement and extent. 
2. Interpretation. 
3. Implementation of Directive, &c. 
4. Scheme of the regulations. 
PART 11 
AME~DMENTS OF THE COPYRIGHT, DESIGNS A~D PATE:-.ITS ACT 1988 
Copyright 
5. Duration of copyright in literary, dramatic, musical or artistic \vorks. 
6. Duration of copyright in sound recordings and films. 
7. Duration of copyright in broadcasts and cable programmes. 
8. Meaning of country of origin. 
9. Treatment of film sound tracks. 
Rights in performances 
10. Duration of rights in performances. 
Supplementary 
11. Meaning of EEA national and EEA state. 
12. Introductory, PART III 
SA \'INGS AND TRANSITIONAL PROVISIONS 
Introductory 
13. Films not protected as such. Copyright 
14. Copyright: interpretation. 
15. Duration of copyright: general saving. 
16. Duration of copyright: application of new provisions. 
17. Extended and revived copyright. 
18. Ownership of extended copyright. 
19. Ownership of revived copyright. 
20. Prospective ownership of extended or revived copyright. 
21. Extended copyright: existing licences, agreement, &c. 
22. Revived copyright: exercise of moral rights. IP IN/lIGBRlC/2 
Page 3 
23. Revived copyright: saving for acts of exploitation when work in public domain, &c. 
24. Revived copyright: use as of right subject to reasonable royalty. 
25. Revived copyright: application to Copyright Tribunal. 
26. Film sound tracks: application of new provisions. 
Rights in performances 
27. Rights in performances: interpretation. 
28. Duration of rights in performances: general saving. 
29. Duration of rights in performances: application of new provisions. 
30. Extended and revived performance rights. 
31. Entitlement to extended or revived performance rights. 
32. Extended performance rights: existing consents, agreement, &c. 
33. Revived performance rights: saving for acts of exploitation when performance in 
public domain, &c. 
34. Revived performance rights: use as of right subject to reasonable remuneration. 
35. Revived performance rights: application to Copyright Tribunal. 
Supplementary 
36. Construction of references to EEA states. IP/N/lIGBRlC/2 
Page 4 
Whereas a draft of the following Regulations has been approved by resolution of each House 
of Parliament: -Now, therefore, the Secretary of State, being a Minister designated(a) for the purposes of 
section 2(2) of the European Communities Act 1972(b) in relation to measures relating to the 
protection of copyright and rights in performances, in exercise of powers conferred by section 
2(2) and (4) of the said Act of 1972, hereby makes the following Regulations:-
PART I 
I NTRODUCTOR Y PROVISIONS 
Citation, commencement and extent 
1.-(1) These Regulations may be cited as the Duration of Copyright and Rights In 
Performances Regulations 1995. 
(2) These Regulations come into force on 1st January 1996. 
(3) These Regulations extend to the whole of the United Kingdom. 
Interpretation 
2. In these Regulations-
"EEA Agreement" means the Agreement on the European Economic Area signed at 
Oporto on 2nd May 1992(c), as adjusted by the Protocol signed at Brussels on 17th March 
1993(d); and 
"EEA state" means a state which is a contracting party to the EEA Agreement. 
Implementation of DirectiYe, &c. 
3. These Regulations make provision for the purpose of implementing-
(a) the main provisions of Council Directive No. 93/98/EEC of 29th October 1993(e) 
harmonizing the term of protection of copyright and certain related rights; and 
(b) certain obligations of the United Kingdom created by or arising under the EEA 
Agreement so far as relevant to the implementation of that Directive. 
Scheme of the regulations 
4. The Copyright, Designs and Patents Act 1988(f) is amended in accordance with the 
provisions of Part II of these Regulations, subject to the savings and transitional provisions in 
Part III of these Reg\llations. 
PART II 
AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 
Copyright 
Duration of copyright in literary, dramatic, musical or artistic works 
5.-(1) For section 12 (duration of copyright in literary, dramatic, musical or artistic works) 
substitute-
(a) 5.1. 1993/595. 
(b) 1972 c. 68; by virtue of the amendment of section 1 (2) of that Act by section I of the European Economic Area Act 
1993 (c.5I) regulations may be made under section 2(2) to implement obligations of the United Kingdom arising under 
the EEA Agreement. 
(c) Cm 2073. 
(d) CM 2183. 
(e) 0.1. No. L290, 24.11.93, p.9. 
(f) 1988c.48. "Duration of 
copyright in 
literary, 
dramatic, 
musical or 
artistic works. IP/N/1/GBRlC/2 
Page 5 
12.-{1) The f01l0wing provisions have effect with respect to the duration of 
copyright in a literary, dramatic, musical or artistic work. 
(2) Copyright expires at the end of the period of 70 years from the end of the 
calendar year in which the author dies, subject as follows. 
(3) If the work is of unknown authorship, copyright expires-
(a) at the end of the period of 70 years from the end of the calendar year in 
which the work was made, or 
(b) if during that period the work is made available to the public, at the end 
of the period of 70 years from the end of the calendar year in which it is 
first so made available, 
subject as f01l0ws. 
(4) Subsection (2) applies if the identity of the author becomes known before the 
end of the period specified in paragraph (a) or (b) of subsection (3). 
(5) For the purposes of subsection (3) making available to the public includes­
(a) in the case of a literary, dramatic or musical work-
(i) performance in public, or 
(ii) being broadcast or included in a cable programme service; 
(b) in the case of an artistic work-
(i) exhibition in public, 
(ii) a film including the work being shown in public, or 
(iii) being included in a broadcast or cable programme service; 
but in determining generally for the purposes of that subsection whether a work has 
been made available to the public no account shall be taken of any unauthorised act. 
(6) Where the country of origin of the work is not an EEA state and the author 
of the work is not a national of an EEA state, the duration of copyright is that to 
which the work is entitled in the country of origin, provided that does not exceed the 
period which would apply under subsections (2) to (5). 
(7) If the work is computer-generated the above provisions do not apply and 
copyright expires at the end of the period of 50 years from the end of the calendar 
year in which the work was made. 
(8) The provisions of this section are adapted as follows in relation to a work of 
joint authorship-
(a) the reference in subsection (2) to the death of the author shall be 
construed-
(i) if the identity of all the authors is known, as a reference to the death 
of the last of them to die, and 
(ii) if the identity of one or more of the authors is known and the identity 
of one or more others is not, as a reference to the death of the last 
whose identity is known; 
(b) the reference in subsection (4) to the identity of the author becoming 
known shall be construed as a reference to the identity of any of the 
authors becoming known; 
Cc) the reference in subsection (6) to the author not being a national of an 
EEA state shall be construed as a reference to none of the authors being 
a national of an EEA state. 
(9) This section does not apply to Crown copyright or Parliamentary copyright 
(see sections 163 to 166) or to copyright which subsists by virtue of section 168 
(copyright of certain international organisations).". 
(2) In section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to 
expiry of copyright or death of author), in subsection (l)(b)(ii) and subsection (2)(b) for "50 
years" substitute "70 years". 
(3) In section 154 (qualification for copyright protection by reference to author), in 
subsection (3) for the paragraph referring to provisions of section 12 substitute-
"section 12 (duration of copyright), and section 9(4) (meaning of "unknown authorship") 
so far as it applies for the purposes of section 12, and". IP/N/lIGBRlC/2 
Page 6 
Duration of copyright in sound recordings and films 
_ 6.-{1) For section 13 (duration of copyright in sound recordings and film5) substitute-
"Duration of 
copyright in 
sound 
recordings. 
Duration of 
copyright in 
films. 13A.-{l) The following provisions have effect with respect to the duration of 
copyright in a sound recording. 
(2) Copyright expires-
(a) at the end of the period of 50 years from the end of the calendar year in 
which it is made, or 
(b) if during that period it is released, 50 years from the end of the calendar 
year in which it is released; 
subject as follows. 
(3) For the purposes of subsection (2) a sound recording is "released" when it is 
first published, played in public, broadcast or included in a cable programme service; 
but in determining whether a sound recording has been released no account shall be 
taken of any unauthorised act. 
(4) Where the author of a sound recording is not a national of an EEA state, the 
duration of copyright is that to which the sound recording is entitled in the country 
of which the author is a national, provided that does not exceed the period which 
would apply under subsections (2) and (3). 
(5) If or to the extent that the application of subsection (4) would be at variance 
with an international obligation to which the United Kingdom became subject prior 
to 29th October 1993, the duration of copyright shall be as specified in subsections 
(2) and (3). 
13B.-(1) The following provisions have effect with respect to the duration of 
copyright in a film. 
(2) Copyright expires at the end of the period of 70 years from the end of the 
calendar year in which the death occurs of the last to die of the following persons-
(a) the principal director, 
(b) the author of the screenplay, 
(c) the author of the dialogue, or 
(d) the composer of music specially created for and used in the film; 
subject as follows. 
(3) If the identity of one or more of the persons referred to in subsection (2)(a) to 
(d) is known and the identity of one or more others is not, the reference in that 
subsection to the death of the last of them to die shall be construed as a reference to 
the death of the last whose identity is known. 
(4) If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, 
copyright expires at-
(a) the end of the period of70 years from the end of the calendar year in which 
the film was made, or 
(b) if during that period the film is made available to the public, at the end of 
the period of 70 years from the end of the calendar year in which it is first 
so made available. 
(5) Subsections (2) and (3) apply if the identity of any of those persons becomes 
known before the end of the period specified in paragraph (a) or (b) of subsection (4). 
(6) For the purposes of subsection (4) making available to the public includes­
(a) showing in public, or 
(b) being broadcast or included in a cable programme service; 
but in determining generally for the purposes of that subsection whether a film has 
been made available to the public no account shall be taken of any unauthorised act. 
(7) Where the country of origin is not an EEA state and the author of the film is 
not a national of an EEA state, the duration of copyright is that to which the work 
is entitled in the country of origin, provided that does not exceed the period which 
would apply under subsections (2) to (6). 
(8) In relation to a film of which there are joint authors, the reference in subsection 
(7) to the author not being a national of an EEA state shall be construed as a 
reference to none of the authors being a national of an EEA state. 
(9) If in any case there is no person falling within paragraphs (a) to (d) of 
subsection (2), the above provisions do not apply and copyright expires at the end of 
the period of 50 years from the end of the calendar year in which the film was made. IP/N/lIGBRlC/2 
Page 7 
(10) For the purposes of this section the identity of any of the persons referred to 
in subsection (2)(a) to (d) shall be regarded as unknown ifit is not possible for a 
person to ascertain his identity by reasonable inquiry; but if the identity of any such 
person is once known it shall not subsequently be regarded as unknown.". 
(2) In Chapter III of Part I (acts permitted in relation to copyright works), after section 66 
insert-
Films: acts 
permitted on 
assumptions 
as to expiry of 
copyright, &c. "Miscellaneous:films and sound recordings 
66A.-{I) Copyright in a film is not infringed by an act done at a time when, or in 
pursuance of arrangements made at a time when-
Ca) it is not possible by reasonable inquiry to ascertain the identity of any of 
the persons referred to in section 13B(2)(a) to (d) (persons by reference to 
whose life the copyright period is ascertained), and 
(b) it is reasonable to assume-
(i) that copyright has expired, or 
(ii) that the last to die of those persons died 70 years or more before the 
beginning of the calendar year in which the act is done or the 
arrangements are made. 
(2) Subsection (I)(b)(ii) does not apply in relation to­
(a) a film in which Crown copyright subsists, or 
Cb) a fiim in which copyright originally vested in an international 
organisation by virtue of section 168 and in respect of which an Order 
under that section specifies a copyright period longer than 70 years.". 
(3) In section 79(4), 81(5) and 85(2) (exceptions to moral rights: acts which would not 
infringe copyright) for "section 57 (anonymous or pseudonymous works: acts permitted on 
assumptions as to expiry of copyright or death of author)" substitute "section 57 or 66A (acts 
permitted on assumptions as to expiry of copyright, &c.)". 
(4) In section 105(2) (presumptions relevant to films), after paragraph (a) insert-
"(aa) that a named person was the principal director, the author of the screenplay, the 
author of the dialogue or the composer of music specifically created for and used in the 
film,". 
Duration of copyright in broadcasts and cable programmes 
7.-(1) For section 14 (duration of copyright in broadcasts and cable programmes) 
substitute-
"Duration of 
copyright in 
broadcasts 
and cable 
programmes. 14.-(1) The following provisions have effect with respect to the duration of 
copyright in a broadcast or cable programme. 
(2) Copyright in a broadcast or cable programme expires at the end of the period 
of 50 years from the end of the calendar year in which the broadcast was made or 
the programme was included in a cable programme service, subject as follows. 
(3) Where the author of the broadcast or cable programme is not a national of an 
EEA state, the duration of copyright in the broadcast or cable programme is that to 
which it is entitled in the country of which the author is a national, provided that 
does not exceed the period which would apply under subsection (2). 
(4) If or to the extent that the application of subsection (3) would be at variance 
with an international obligation to which the United Kingdom became subject prior 
to 29th October 1993, the duration of copyright shall be as specified in subsection (2). 
(5) Copyright in a repeat broadcast or cable programme expires at the same time 
as the copyright in the original broadcast or cable programme; and accordingly no 
copyright arises in respect of a repeat broadcast or cable programme which is 
broadcast or included in a cable programme service after the expiry of the copyright 
in the original broadcast or cable programme. 
(6) A repeat broadcast or cable programme means one which is a repeat either of 
a broadcast previously made or of a cable programme previously incl uded in a cable 
programme service.". 
(2) In the closing words of paragraph 9 of Schedule 1 (repeats of pre-1957 broadcasts and 
pre-1985 cable programmes) for "section 14(2)" substitute "section 14(5)". IP/N/lIGBRlC/2 
Page 8 
Meaning of country of origin 
8.-(1) In Chapter I of Part I (subsistence, ownership and duration of copyright), after 
section 15 insert-
"Meaning of 
country of 
origin. lSA.-{l) For the purposes of the provisions of this Part relating to the duration 
of copyright the country of origin of a work shall be determined as follows. 
(2) If the work is first published in a Berne Convention country and is not 
simultaneously published elsewhere, the country of origin is that country. 
(3) If the work is first published simultaneously in two or more countries only one 
of which is a Berne Convention country, the country of origin is that country. 
(4) If the work is first published simultaneously in two or more countries of which 
two or more are Berne Convention countries, then-
(a) if any of those countries is an EEA state, the country of origin is that 
country; and 
(b) if none of those countries is an EEA state, the country of origin is the 
Berne Convention country which grants the shorter or shortest period of 
copyright protection. 
(5) If the work is unpublished or is first published in a country which is not a Berne 
Convention country (and is not simultaneously published in a Berne Convention 
country), the country of origin is-
(a) if the work is a film and the maker of the film has his headquarters in, or 
is domiciled or resident in a Berne Convention country, that country; 
(b) if the work is-
(i) a work of architecture constructed in a Berne Convention country, 
or 
(ii) an artistic work incorporated in a building or other structure 
situated in a Berne Convention country, 
that country; 
(c) in any other case, the country of which the author of the work is a 
national. 
(6) In this section-
(a) a "Berne Convention country" means 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 
(b) references to simultaneous publication are to publication within 30 days 
of first publication.". 
(2) In section 179 (index of defined expressions: Part I), at the appropriate pJace insert-
"country of origin section 15A". 
Treatment of film sound tracks 
9.-(1) For section 5 (sound recordings and films) substitute-
"Sound 
recordings. 
Films. 5A.-(I) In this Part "sound recording" means-
(a) a recording of sounds, from which the sounds may be reproduced, or 
(b) 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, 
regardless of the medium on which the recording is made or the method by which 
the sounds are reproduced or produced. 
(2) Copyright does not subsist in a sound recording which is, or to the extent that 
it is, a copy taken from a previous sound recording. 
5B.-{ I) In this Part "film" means a recording on any medium from which a 
moving image may by any means be produced. 
(2) The sound track accompanying a film shall be treated as part of the film for the 
purposes of this Part. 
(3) Without prejudice to the generality of subsection (2), where that subsection 
applies-
(a) references in this Part to showing a film include playing the film sound 
track to accompany the film, and 
(b) references to playing a sound recording do not include playing the film 
sound track to accompany the film. IP/N/lIGBRlC/2 
Page 9 
(4) Copyright does not subsist in a film which is, or to the extent that it is, a copy 
taken from a previous film. 
(5) Nothing in this section affects any copyright subsisting in a film sound track 
as a sound recording.". 
(2) In section 80(6) (derogatory treatment of film), omit the words following paragraph (b). 
(3) In section 117 (licensing schemes to which ss.118 to 123 apply)-
(a) in paragraph (a) omit "(or film sound-tracks when accompanying a film)", and 
(b) in paragraph (b) omit "(other than film sound-tracks when accompanying a film)". 
(4) In section 124 (licences to which ss.l25 to 128 apply)-
(a) in paragraph (a) omit "(or film sound-tracks when accompanying a film)", and 
(b) in paragraph (b) omit "(other than a film sound-track when accompanying a film)". 
(5) In section 179(a) (index of defined expressions: Part 1)-
(a) in the entry relating to the expression "film" for "section 5" substitute "section SS"; 
and 
(b) in the entry relating to the expression "sound recording" for "sections 5 and 135A" 
substitute "sections SA and 135A" 
(6) In section 212 (index of defined expressions: Part II)-
(a) in the entry relating to the expression "film" for "section S" substitute "section SS"; 
and 
(b) in the entry relating to the expression "sound recording" for "section S" substitute 
"section SA". 
Rights in performances 
Duration of rights in performances 
10. In Part II (rights in performances), for section 191 (duration of rights) substitute-
"Duration of 
rights. 191.-(1) The following provisions have effect with respect to the duration of the 
rights conferred by this Part. 
(2) The rights conferred ~y this Part in relation to a perfonnance expire-
(a) at the end of the period of 50 years from the end of the calendar year in 
which the perfonnance takes place, or 
(b) if during that period a recording of the performance is released, 50 years 
from the end of the calendar year in which it is released, 
subject as follows. 
(3) For the purposes of subsection (2) a recording is "released" when it is first 
published, played or shown in public, broadcast or included in a cable programme 
service; but in detennining whether a recording has been released no account shall 
be taken of any unauthorised act. 
(4) Where a performer is not a national of an EEA state, the duration of the rights 
conferred by this Part in relation to his perfonnance is that to which the perfonnance 
is entitled in the country of which he is a national, provided that does not exceed the 
period which would apply under subsections (2) and (3). 
(5) If or to the extent that the application of subsection (4) would be at variance 
with an international obligation to which the United Kingdom became subject prior 
to 29th October 1993, the duration of the rights conferred by this Part shall be as 
specified in subsections (2) and (3).". 
Supplementary 
Meaning of EEA national and EEA state 
11.-(1) In Chapter X of Part I (miscellaneous and general provisions), after section 172 
insert-
(a) Section 179 was amended by the Broadcasting Act 1990 (c. 42), section 175(3 )(b). IP/N/lIGBRlC/2 
Page 10 
"Meaning of 
EEA national 
and EEA 
state. 172A.-{I) In this Part-
"EEA national" means a national of an EEA state; and 
"EEA state" means a state which is a contracting party to the EEA Agreement. 
(2) References in this Part to a person being an EEA national shall be construed 
in relation to a body corporate as references to its being incoporated under the law 
of an EEA state. 
(3) The "EEA Agreement" means the Agreement on the European Economic 
Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at 
Brussels on 17th March 1993.". 
(2) In section 179 (index of defined expressions: Part I), at the appropriate place insert-
"EEA national and EEA state section 172A". 
(3) In section 211(1) (expressions in Part II having same meaning as in Part I), at the 
appropriate place insert-
"EEA national,". 
(4) In section 212 (index of defined expressions: Part II), at the appropriate place insert-
"EEA national section 211(1) (and section 172A)". 
Introductory PART III 
SAVINGS AND TRANSITIONAL PROVISIONS 
Introductory 
12.-(1) References in this Part to "commencement", without more, are to the date on which 
these Regulations come into force. 
(2) In this Part-
"the 1988 Act" means the Copyright, Designs and Patents Act 1988(a); 
"the 1988 provisions" means the provisions of that Act as they stood immediately before 
commencement (including the provisions of Schedule 1 to that Act continuing the effect 
of earlier enactments); and 
"the new provisions" means the provisions of that Act as amended by these Regulations. 
(3) Expressions used in this Part which are defined for the purposes of Part I or II of the 1988 
Act, in particular references to the copyright owner, have the same meaning as in that Part. 
Films not protected as such 
13. In relation to a film in which copyright does not or did not subsist as such but which is 
or was protected-
(a) as an original dramatic work, or 
(b) by virtue of the protection of the photographs forming part of the film, 
references in the new provisions, and in this Part, to copyright in a film are to any copyright 
in the film as an original dramatic work or, as the case may be, in photographs forming part of 
the film. 
Copyright 
Copyright: interpretation 
14.-(1) In the provisions of this Part relating to copyright-
(a) "existing", in relation to a work, means made before commencement; and 
(a) 1988 c. 48. IP/N/lIGBRlC/2 
Page 11 
(b) "existing copyright work" means a work in which copyright subsisted immediately 
before commencement. 
(2) For the purposes of those provisions a work of which the making extended over a period 
shall be taken to have been made when its making was completed. 
(3) References in those provisions to "moral rights" are to the rights conferred by Chapter 
IV of Part I of the 1988 Act. 
Duration of copyright: general saving 
15.-(1) Copyright in an existing copyright work shall continue to subsist until the date on 
which it would have expired under the 1988 provisions if that date is later than the date on 
which copyright would expire under the new provisions. 
(2) Where paragraph (1) has effect, section 57 of the 1988 Act (anonymous or pseudonymous 
works: acts permitted on assumptions as to expiry of copyright or death of author) applies as 
it applied immediately before commencement (that is, without the amendments made by 
Regulation 5(2». 
Duration of copyright: application of new provisions 
16. The new provisions relating to duration of copyright apply­
(a) to copyright works made after commencement; 
(b) to existing works which first qualify for copyright protection after commencement; 
(c) to existing copyright works, subject to Regulation 15 (general saving for any longer 
period applicable under 1988 provisions); and 
(d) to existing works in which copyright expired before 31st December 1995 but which 
were on 1st July 1995 protected in another EEA state under legislation relating to 
copyright or related rights. 
Extended and revived copyright 
17. In the following provisions of this Part-
"extended copyright" means any copyright which subsists by virtue of the new provisions 
after the date on which it would have expired under the 1988 provisions; and 
"revived copyright" means any copyright which subsists by virtue of the new provisions 
after having expired under the 1988 provisions or any earlier enactment relating to 
copyright. 
Ownership of extended copyright 
18.-(1) The person who is the owner of the copyright in a work immediately before 
commencement is as from commencement the owner of any extended copyright in the work, 
subject as follows. 
(2) Ifhe is entitled to copyright for a period less than the whole of the copyright period under 
the 1988 provisions, any extended copyright is part of the reversionary interest expectant on 
the termination of that period. 
Ownership of revived copyright 
19.-(1) The person who was the owner of the copyright in a work immediately before it 
expired (the "former copyright owner") is as from commencement the owner of any revived 
copyright in the work, subject as follows. 
(2) If the former copyright owner has died before commencement, or in the case of a legal 
person has ceased to exist before commencement, the revived copyright shall vest-
(a) in the case of a film, in the principal director of the film or his personal 
representatives, and 
Cb) in allY other case, in the author of the work or his personal representatives. 
(3) Where revived copyright vests in personal representatives by virtue of paragraph (2), it 
shall be held by them for the benefit of the person who would have been entitled to it had it been 
vested in the principal director or author immediately before his death and had devolved as part 
of his estate. IP/N/1/GBRlC/2 
Page 12 
Prospective ownership of extended or revived copyright 
20.-(1) Where by an agreement made before commencement in relation to extended or 
revived copyright, and signed by or on behalf of the prospective owner of the copyright, the 
prospective owner purports to assign the extended or revived copyright (wholly or partially) to 
another person, then if, on commencement the assignee or another person claiming under him 
would be entitled as against all other persons to require the copyright to be vested in him, the 
copyright shall vest in the assignee or his successor in title by virtue of this paragraph. 
(2) A licence granted by a prospective owner of extended or revived copyright is binding on 
every successor in title to his interest (or prospective interest) in the right, except a purchaser 
in good faith for valuable consideration and without notice (actual or constructive) of the 
licence or a person deriving title from such a purchaser; and references in Part I of the 1988 Act 
to doing anything with, or without, the licence of the copyright owner shall be construed 
accordingly. 
(3) In paragraph (2) "prospective owner" includes a person who is prospectively entitled to 
extended or revived copyright by virtue of such an agreement as is mentioned in paragraph (1). 
Extended copyright: existing licences, agreement, &c. 
21.-(1) Any copyright licence, any term or condition of an agreement relating to the 
exploitation of a copyright work, or any waiver or assertion of moral rights, which-
(a) subsists immediately before commencement in relation to an existing copyright 
work, and 
(b) is not to expire before the end of the copyright period under the 1988 provisions, 
shall continue to have effect during the period of any extended copyright, subject to any 
agreement to the contrary. 
(2) Any copyright licence, or term or condition relating to the exploitation of a copyright 
work, imposed by order of the Copyright Tribunal which-
(a) subsists immediately before commencement in relation to an existing copyright 
work, and 
(b) is not to expire before the end of the copyright period under the 1988 provisions, 
shall continue to have effect during the period of any extended copyright, subject to any further 
order of the Tribunal. 
Revived copyright: exercise of moral rights 
22.-(1) The following provisions have effect with respect to the exercise of moral rights in 
relation to a work in which there is revived copyright. 
(2) Any waiver or assertion of moral rights which subsisted immediately before the expiry of 
copyright shall continue to have effect during the period of revived copyright. 
(3) Moral rights are exercisable after commencement by the author of a work or, as the case 
may be, the director of a film in which revived copyright subsists, as with any other 
copyright work. 
(4) Where the author or director died before commencement-
(a) the rights conferred by-
section 77 (right to identification as author or director), 
section 80 (right to object to derogatory treatment of work), or 
section 85 (right to privacy of certain photographs and films), 
are exercisable after commencement by his personal representatives, and 
(b) any infringement after commencement of the right conferred by section 84 (false 
attribution) is actionable by his personal representatives. 
(5) Any damages recovered by personal representatives by virtue of this Regulation in respect 
of an infringement after a person's death shall devolve as part of his estate as if the right of 
action had subsisted and been vested in him immediately before his death. 
(6) Nothing in these Regubtions shall be construed as causing a moral right to be exercisable 
if, or to the extent that, the right was excluded by virtue of paragraph 23 or 24 of Schedule 1 
on the commencement of the 1988 Act or would have been so excluded if copyright had not 
previously expired. IP/N/lIGBRfC/2 
Page 13 
Revived copyright: sa\ing for acts of exploitation when work in public domain, &c. 
23.-(1) No act done before commencement shall be regarded as infringing revived copyright 
in a work. 
(2) It is not an infringement of revived copyright in a work-
(a) to do anything after commencement in pursuance of arrangements made before 1 st 
January 1995 at a time when copyright did not subsist in the work, or 
(b) to issue to the public after commencement copies of the work made before 1st July 
1995 at a time when copyright did not subsist in the work. 
(3) It is not an infringement of revived copyright in a work to do anything after 
commencement in relation to a literary, dramatic, musical or artistic work or a film made before 
commencement, or made in pursuance of arrangements made before commencement, which 
contains a copy of that work or is an adaptation of that work if-
(a) the copy or adaptation was made before 1st July 1995 at a time when copyright did 
not subsist in the work in which revived copyright subsists, or 
(b) the copy or adaptation was made in pursuance of arrangements made before 1st July 
1995 at a time when copyright did not subsist in the work in which revived 
copyright subsists. 
(4) It is not an infringement of revived copyright in a work to do after commencement 
anything which is a restricted act in relation to the work if the act is done at a time when, or is 
done in pursuance of arrangements made at a time when, the name and address of a person 
entitled to authorise the act cannot by reasonable inquiry be ascertained. 
(5) In this Regulation "arrangements" means arrangements for the exploitation of the work 
in question. 
(6) It is not an infringement of any moral right to do anything which by virtue of this 
Regulation is not an infringement of copyright. 
Revived copyright: use as of right subject to reasonable royalty 
24.-(1) In the case of a work in which revived copyright subsists any acts restricted by the 
copyright shall be treated as licensed by the copyright owner, subject only to the payment of 
such reasonable royalty or other remuneration as may be agreed or determined in default of 
agreement by the Copyright Tribunal. 
(2) A person intending to avail himself of the right conferred by this Regulation must give 
reasonable notice of his intention to the copyright owner, stating when he intends to begin to 
do the acts. 
(3) If he does not give such notice, his acts shall not be treated as licensed. 
(4) If he does give such notice, his acts shall be treated as licensed and a reasonable royalty 
or other remuneration shall be payable in respect of them despite the fact that its amount is not 
agreed or determined until later. 
(5) This Regulation does not apply if or to the extent that a licence to do the acts could be 
granted by a licensing body (within the meaning of section 116(2) of the 1988 Act), whether or 
not under a licensing scheme. 
(6) No royalty or other remuneration is payable by virtue of this Regulation in respect of 
anything for which a royalty or other remuneration is payable under Schedule 6 to the 1988 Act. 
Revived copyright: application to Copyright Tribunal 
25.-(1) An application to settle the royalty or other remuneration payable in pursuance of 
Regulation 24 may be made to the Copyright Tribunal by the copyright O\vner or the person 
claiming to be treated as licensed by him. 
(2) The Tribunal shall consider the matter and make such order as it may determine to be 
reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal 
shall consider the matter and make such order confirming or varying the original order as it 
may determine to be reasonable in the circumstances. IP/N/1/GBRlC/2 
Page 14 
(4) An application under paragraph (3) shall not, except with the special leave of the 
Tribunal, be made within twelve months from the date of the original order or of the order on 
a previous application under that paragraph. 
(5) An order under paragraph (3) has effect from the date on which it is made or such later 
date as may be specified by the Tribunal. 
Film sound tracks: application of new provisions 
26.-(1) The new provisions relating to the treatment offilm sound tracks apply to existing 
sound tracks as from commencement. 
(2) The owner of any copyright in a film has as from commencement corresponding rights 
as copyright owner in any existing sound track treated as part of the film; but without prejudice 
to any rights of the owner of the copyright in the sound track as a sound recording. 
(3) Anything done before commencement under or in relation to the copyright in the sound 
recording continues to have effect and shall have effect, so far as concerns the sound track, in 
relation to the film as in relation to the sound recording. . 
(4) It is not an infringement of the copyright in the film (or of any moral right in the film) to 
do anything after commencement in pursuance of arrangements for the exploitation of the 
sound recording made before commencement. 
Rights in performances 
Rights in performances: interpretation 
27.-(1) In the provisions of this Part relating to rights in performances-
(a) "existing", in relation to a performance, means given before commencement; and 
(b) "existing protected performance" means a performance in relation to which rights 
under Part II of the 1988 act (rights in performances) subsisted immediately before 
commencement. 
(2) References in this Part to performers' rights are to the rights given by section 180(1 )(a) 
of the 1988 Act and references to recording rights are to the rights given by section 180(1)(b) 
of that Act. 
Duration of rights in performances: general sa\ing 
28. Any rights under Part II of the 1988 Act in an existing protected performance shall 
continue to subsist until the date on which they would have expired under the 1988 provisions 
if that date is later than the date on which the rights would expire under the new provisions. 
Duration of rights in performances: application of new prO\isions 
29. The new provisions relating to the duration of rights under Part II of the 1988 Act 
apply-
(a) to performances taking place after commencement; 
(b) to existing performances which first qualify for protection under Part II of the 1988 
Act after commencement; 
(c) to existing protected performances, subject to Regulation 28 (general saving for any 
longer period applicable under 1988 provisions); and 
(d) to existing performances-
(i) in which rights under Part II of the 1988 Act expired after the commencement of 
that Part and before 31st December 1995, or 
(ii) which were protected by earlier enactments relating to the protection of 
performers and in which rights under that Part did not arise by reason only that 
the performance was given at a date such that the rights would have ceased to 
subsist before the commencement of that Part, 
but which were on 1 st July 1995 protected in another EEA state under legislation 
relating to copyright or related rights. Extended and revh'ed performance rights 
30. In th~ following provisions of this Part-IP/N/1/GBRlC/2 
Page 15 
"extended performance rights" means rights under Part II of the 1988 Act which subsist 
by virtue of the new provisions after the date on which they would have expired under the 
1988 provisions; and 
"revived performance rights" means rights under Part II of the 1988 Act which subsist by 
virtue of the new provisions-
(a) after having expired under the 1988 provisions, or 
(b) in relation to a performance which was protected by earlier enactments relating to the 
protection of performers and in which rights under that Part did not arise by reason 
only that the performance was given at a date such that the rights would have ceased 
to subsist before the commencement of that Part. 
References in the foHowing provisions of this Part to "revived pre-1988 rights" are to revived 
performance rights within paragraph (b) of the above definition. 
Entitlement to extended or revived performance rights 
31.-(1) Any extended performance rights are exercisable as from commencement by the 
person who was entitled to exercise those rights immediately before commencement, that is-
(a) in the case of performers' rights, the performer or (if he has died) the person entitled 
by virtue of section 192(2) of the 1988 Act to exercise those rights; 
(b) in the case of recording rights, the person who was within the meaning of section 185 
of the 1988 Act the person having those rights. 
(2) Any revived performance rights are exercisable as from commencement-
(a) in the case of rights which expired after the commencement of the 1988 Act, by the 
person who was entitled to exercise those rights immediately before they expired; 
(b) in the case of revived pre-1988 performers' rights, by the performer or his personal 
representatives; 
(c) in the case of revived pre-1988 recording rights, by the person who would have been 
the person having those rights immediately before the commencement of the 1988 Act 
or, if earlier, immediately before the death of the performer, applying the provisions 
of section 185 of that Act to the circumstances then obtaining. 
(3) Any remuneration or damages received by a person's personal representatives by virtue 
ofa right conferred on them by paragraph (1) or (2) shall devolve as part of that person's estate 
as if the right had subsisted and been vested in him immediately before his death. 
Extended performance rights: existing consents, agreement, &c. 
32. Any consent, or any term or condition of an agreement, relating to the exploitation of 
an existing protected performance which-
(a) subsists immediately before commencement, and 
(b) is not to expire before the end of the period for which rights under Part II of the 1988 
Act subsist in relation to that performance, 
shall continue to subsist during the period of any extended performance rights, subject to any 
agreement to the contrary. 
Re\ived performance rights: sa\ing for acts of exploitation when performance in public domain, 
&c. 
33.-(1) No act done before commencement shall be regarded as infringing revived 
performance rights in a performance, 
(2) It is not an infringement of revived performance rights in a performance-
(a) to do anything after commencement in pursuance of arrangements made before 1 st 
January 1995 at a time when the performance was not protected, or 
(b) to issue to the public after commencement a recording of a performance made before 
1st July 1995 at a time when the performance was not protected. IP IN 11 IGBRlC/2 
Page 16 
(3) It is not an infringement of revived performance rights in a performance to do anything 
after commencement in relation to a sound recording or film made before commencement, or 
made in pursuance of arrangements made before commencement, which contains a recording 
of the performance if-
(a) the recording of the performance was made before 1st July 1995 at a time when the 
performance was not protected, or 
(b) the recording of the performance was made in pursuance of arrangements made 
before 1 st July 1995 at a time when the performance was not protected. 
(4) It is not an infringement of revived performance rights in a performance to do after 
commencement anything at a time when, or in pursuance of arrangements made at a time when, 
the name and address of a person entitled to authorise the act cannot by reasonable inquiry be 
ascertained. 
(5) In this Regulation "arrangements" means arrangements for the exploitation of the 
performance in question. 
(6) References in this Regulation to a performance being protected are-
(a) in relation to the period after the commencement of the 1988 Act, to rights under Part 
II of that Act subsisting in relation to the performance, and 
(b) in relation to earlier periods, to the consent of the performer being required under 
earlier enactments relating to the protection of performers. 
Revhed performance rights: use as of right subject to reasonable remuneration 
34.-(1) In the case of a performance in which revived performance rights subsist any acts 
which require the consent of any person under Part II of the 1988 Act (the "rights owner") shall 
be treated as having that consent, subject only to the payment of such reasonable remuneration 
as may be agreed or determined in default of agreement by the Copyright Tribunal. 
(2) A person intending to avail himself of the right conferred by this Regulation must give 
reasonable notice of his intention to the rights owner, stating when he intends to begin to do 
the acts. 
(3) If he does not give such notice, his acts shall not be treated as having consent. 
(4) If he does give such notice, his acts shall be treated as having consent and reasonable 
remuneration shall be payable in respect of them despite the fact that its amount is not agreed 
or determined until later. 
Revhed performance rights: application to Copyright Tribunal 
35.-(1) An application to settle the remuneration payable in pursuance of Regulation 34 
may be made to the Copyright Tribunal by the rights owner or the person claiming to be treated 
as having his consent. 
(2) The Tribunal shall consider the matter and make such order as it may determine to be 
reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal 
shall consider the matter and make such order confirming or varying the original order as it 
may determine to be reasonable in the circumstances. 
(4) An application under paragraph (3) shall not, except with the special leave of the 
Tribunal, be made within twelve months from the date of the original order or of the order on 
a previous application under that paragraph. 
(5) An order under paragraph (3) has effect from the date on which it is made or such later 
date as may be specified by the Tribunal. Supplementary IP/N/lIGBRlC/2 
Page 17 
Construction of references to EEA states 
36.-(1) For the purpose of the new provisions relating to the term of copyright protection 
applicable to a work of which the country of origin is not an EEA state and of which the author 
is not a national of an EEA state-
(a) a work first published before 1st July 1995 shall be treated as published in an EEA 
state ifit was on that date regarded under the law of the United Kingdom or another 
EEA state as having been published in that state; 
(b) an unpublished film made before 1st July 1995 shall be treated as originating in an 
EEA state if it was on that date regarded under the law of the United Kingdom or 
another EEA state as a film whose maker had his headquarters in, or was domiciled 
or resident in, that state; and 
(c) the author of a work made before 1st July 1995 shall be treated as an EEA national 
ifhe was on that date regarded under the law of the United Kingdom or another EEA 
state as a national of that state. 
The references above to the law of another EEA state are to the law of that state having effect 
for the purposes of rights corresponding to those provided for in Part I of the 1988 Act. 
(2) For the purposes of the new provisions relating to the term of protection applicable to a 
performance where the performer is not a national of an EEA state, the performer of a 
performance given before 1st July 1995 shall be treated as an EEA national if he was on that 
date regarded under the law of the United Kingdom or another EEA state as a national of 
that state. 
The reference above to the law of another EEA state is to the law of that state having effect for 
the purposes of rights corresponding to those provided for in Part II of the 1988 Act. 
(3) In this Regulation "another EEA state" means an EEA state other than the United 
Kingdom. 
19th December 1995 fan Tay/or, 
Parliamentary Under-Secretary of State 
For Science and Technology, 
Department of Trade and Industry IP/N/lIGBRlC/2 
Page 18 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations implement all of those provisions of Council Directive No. 93/98/EEC 
(0.1. No. L 290,24.11.93, p. 9) ("the Directive") which harmonise the term of protection of 
copyright and certain related rights. The Regulations come into force on 1st January 1996. 
The Copyright, Designs and Patents Act 1988 ("the Act") already grants some of the terms 
of protection required by the Directive. These regulations amend and extend the Act insofar as 
its provisions do not conform to or comply with the requirements of the Directive. They also 
implement in respect of that Act, insofar as required by, or consequential upon the 
modifications made in implementation of the Directive, the obligation imposed by the 
European Economic Area Act 1993 in accordance with the United Kingdom's obligations 
under the European Economic Area Agreement, to substitute for any reference to a Member 
State of the European Community, a reference to an EEA State. 
The provisions of the Directive harmonising the duration of copyright increase the existing 
period of copyright in literary, dramatic, musical and artistic works in the United Kingdom 
from the life of the author plus 50 years, to the life the author plus 70 years. The manner in 
which the duration of copyright in films is calculated is modified by the Directive so as to be 
similar in length to that ofliterary, dramatic, musical and artistic works although based on the 
life not of the author of a film, but of certain persons connected with the film. The starting point 
for calculation of the present 50 year period of protection of rights in performances is also 
modified by the Directive with the result that the overall duration of those rights will, in some 
cases, increase. The Directive also requires reciprocal duration of copyright and performer's 
rights in the case of works and performances connected with countries not members of the 
EEA. 
Transitional provisions have the following effect where the period of protection is increased: 
-in relation to duration of copyright, in the case of works in which copyright subsists 
on 31 st December 1995, the duration of copyright is extended from 1 st January 1996; 
in the case of works in which copyright has expired in the United Kingdom before 1st 
July 1995, but which are protected on that date under the copyright legislation of any 
other State in the EEA, copyright wiII revive on 1st January 1996 and will then expire 
on a date 70 years after the author's death; 
-in relation to duration of rights in performances, to provide for both extending and 
reviving rights in performances where this occurs as a result of the application of the 
modified starting point for calculating the term of protection of existing 
performances. 
The provisions of Part II of the Regulations, which amend the Act: 
(a) increase the duration of copyright in literary, dramatic, musical and artistic works of 
known authorship to life plus 70 years; make new provision for the duration of 
copyright in films to be linked to the lives of persons connected with a film and to last 
until 70 years after the dea th of the last of those persons to die; increase the duration 
of copyright in respect of works of unknown authorship to 70 years after the date 
upon which the work is either made, or if made available to the public during that 
period, from the date upon which it is first made available (regulations 5 and 6); 
(b) make provision for reciprocal duration of copyright in literary, dramatic, musical and 
artistic works, films, sound recordings and broadcasts connected with countries other 
than EEA States, such that the period of protection granted in the United Kingdom 
to those works is that granted under the legislation of the country of origin of the 
work, or (in the case of sound recordings and broadcasts) of which the author is a 
national, subject, however, to application of this provision not being at variance with 
any international obligation to which the United Kingdom became subject prior to 
29th October 1993 (regulations 5, 6, 7 and 8); 
(c) modify the meaning of "released", in connection with the calculation of the duration 
of copyright in sound recordings so as to include "playing in public" (regulation 6); 
(d) make consequential amendments to existing provisions relating to acts permitted on 
assumptions as to the expiry of copyright on the death of the author (regulation 5); 
(e) make similar provision in relation to acts permitted on assumptions as to the expiry 
of copyright in a film on the death of persons by reference to whose life the copyright 
period in a film is ascertained (regulation 6); IP/N/1/GBRlC/2 
Page 19 
(t) make provision for a sound track accompanying a film to be treated as part of the film 
for the purposes of Part I of the Act (regulation 9); 
(g) modify existing provisions relating to the duration of rights in a performance such 
that these rights are protected for 50 years frof!1 when the performance takes place, 
of if a recording of the performance is released within that period, for 50 years from 
when the recording is first released; and also such that, where a performer is not a 
national of an EEA State, the duration of rights in the performance is that accorded 
in the country of which the performer is a national in similar manner to the provision 
on reciprocal duration of copyright (regulation 10); 
Part In of the Regulations (which contains the transitional provisions and savings), provides­
(a) for the Regulations to apply not only to works made after 1st January 1996 but also 
to works made before that date (regulation 14); 
(b) for the saving of any period of copyright which would be longer than that to which a 
work might otherwise be entitled under the Regulations (regulation 15); 
(c) for those Regulations which increase the duration of copyright in the United 
Kingdom to life plus seventy years to apply not only to works made after 1st January 
1996 but also to works made before that date in which copyright continues to subsist 
on 31st December 1995, and further, to apply to works made, and in which copyright 
in the United Kingdom expired, before that date but which were protected on 1 st July 
1995 under legislation relating to copyright in any other EEA State: extended and 
revived copyright (regulations 16 and 17); 
(d) for the determination of the ownership of both extended and revived copyright 
(regulations 18, 19 and 20); 
(e) in relation to extended copyright, for any licence, term or condition of an agreement 
or waiver or assertation of moral rights, or any such licence, term or condition 
imposed by the Copyright Tribunal, effective throughout the duration of the original 
period of copyright, to continue throughout the period of extended copyright 
(regulation 21); 
(t) who is to exercise moral rights in respect of a revived copyright (regulation 22); 
(g) a saving in respect of arrangements made before 1 st January 1995 so that any acts 
done after 1 st January 1996 in pursuance of such arrangements are not to be 
infringements of revived copyright (regulation 23); 
(h) a saving in respect of the issue to the public after 1 st January 1996 of copies of a 
revived copyright work made before 1st July 1995 and at a time when copyright in the 
revived work had expired (regulation 23); 
(i) a saving for acts done in respect of revived copyright works after 1st January 1996, 
where the owner of the right cannot be found by reasonable inquiry (regulation 23); 
U) a saving for acts done after 1 st January 1996 in respect of a literary, dramatic, musical 
or artistic work or film which contains a copy of, or is an adaptation of, a revived work 
and the copy or adaptation was made before 1st July 1995, or in pursuance of 
arrangements made before that date and at a time when copyright did not subsist in 
the revived work (regulation 23); 
(k) for a licence of right to do any of the acts restricted by copyright in respect of revived 
copyright works subject only to the payment of royalties or other payments as may be 
agreed or, in default of agreement, be fixed by the Copyright Tribunal, except where a 
licence could be granted by a licensing body (regulations 24 and 25); 
(I) for the saving of any period of protection of rights which would be longer than that 
to which a performance might otherwise be entitled under the Regulations 
(regulation 28); 
(m) for the Regulations which modify the starting point for the calculation of the duration 
of rights in performances in the United Kingdom to apply not only to performances 
taking place after 1 st January 1996 but also to performances which take place before 
that date in which rights under Part 11 of the Act subsist on 31st December 1995 and 
further, to apply to performances in which rights under Part II of the Act, or under 
any earlier enactment, expired in the United Kingdom before 1 st July 1995, in the 
event that they were protected on I st July 1995 under legislation relating to copyright 
or related rights in any other EEA State: extended and revived performance rights 
(regulations 29 and 30); IP/N/1/GBRlC/2 
Page 20 
(n) for the determination of ownership of both extended and any revived performance 
rights (regulation 31); 
(0) in relation to extended and any revived performance rights, for savings corresponding 
to those made in respect of extended and revived copyright works, subject to 
necessary modifications (regulations 32 and 33); 
(p) for a licence of right to do any of the acts for which consent would otherwise be 
required in respect of a performance in which any revived performance rights subsist 
subject only to the payment of royalties or other payments as may be agreed or, in 
default of agreement, be fixed by the Copyright Tribunal (regulations 34 and 35). 8558 
STATUTORY INSTRUMENTS 
1992 No. 3233 
COPYRIGHT IP/N/1/GBRlC/2 
Page 21 
The Copyright (Computer Programs) Regulations 1992 
Made - 16th December 1992 
Coming into force 1 st January 1993 
\Vhereas a draft of the following Regulations has been approved by resolution of each 
House of Parliament: 
Now, therefore, the Secretary of State, being a Minister designated(a) for the purposes 
of section 2(2) of the European Communities Act 1972(b) in relation to measures relating 
to the protection by copyright of computer programs, in exercise of the powers conferred 
by section 2(2) and (4) of the said Act of 1972. hereby makes the following Regulations:-
Citation, commencement and extent 
1.-(1) These Regulations may be cited as the Copyright (Computer Programs) 
Regulations 1992 and shall come into force on 1 st J an uary 1993. 
(2) These Regulations extend to Northern Ireland. 
2. The Copyright, Designs and Patents Act 1988(c) shall be amended as follows. 
Amel1dmenrs of Part 1 (copyright) (lIthe Copyright, Designs cmd Patellts Act 1988 
.. Literary work" extended to include preparatory design material for a computer program 
3. In section 3(1) (meaning of literary. dramatic and musical \\orks) in the definition of 
"literary \\'ork ". omit the" and ,. immediately preceding paragraph (b) and at the end of 
that paragraph insert ", and 
(c) preparatory design material for a computer program ". 
Restriction of infringement by issue of copies of computer programs within the Community 
4.-(1) In section 18 (infringement by issue of copies to the public). in subsection (2)-
(a) after the words .. work are" insert .. except where the work is a computer 
program "; and 
(b) for the words ". films and computer programs" substitute the words" and films ". 
(2) After subsection (2) of that section insert-
.. (3) References in this Part to the issue to the public of copies ofa work where the 
work is a computer program are to the act of putting into circulation copies of th3 t 
program not previously put into circulation in the United Kingdom or any other 
member State, by or with the consent of the copyright owner, and not to-
(a) any subsequent distribution. sale. hiring or loan of those copies, or 
(b) any subsequent importation of those copics into the United Kingdom, 
except that the restricted act of issuing copics to the public includes any rental of 
copies to the pu blic.". 
(a) S.1.1992.707. 
(b) 1972 c.68. 
(c) 1988c.48. IP/N/lIGBRlC/2 
Page 22 
SI 1992/3233 
Meaning of" adaptation" in relation to a computer program 8559 
5.-(1) In section 21 (infringement by making adaptation), in subsection (3) (meaning 
of":' adaptation ") in paragraph (a) after" literary" insert" work, other than a I,:omputer 
program,". 
(2) After that paragraph of that subsection insert-
"(ab) in relation to a computer program, means an arrangement or altered version of 
the program or a translation of it;". 
(3) In subsection (4) of that section (meaning of" translation" in relation to computer 
programs), omit the words", otherwise than incidentally in the course of running the 
program ". 
l\'leaning of " infringing copy" 
6. In section 27 (meaning of" infringing copy"), in subsection (3) (imported articles) 
at the beginning insert" Subject to subsection (3A) " and after that subsection insert-
"(3A) A copy of a computer program which has previously been sold in any other 
member State, by or with the consent of the copyright owner, is not an infringing copy 
for the purposes of subsection (3).". 
Exclusion of decompilation of computer programs from fair dealing 
7. In section 29 (research and private study), after subsection (3) insert-
"(4) It is not fair dealing-
(a) to convert a computer program expressed in a low level language into a version 
expressed in a higher level language, or 
(b) incidentally in the course of so converting the program, to copy it, 
(these acts being permitted if done in accordance with section 50B (decompilation)).·'. 
New permitted acts in relation to computer programs 
8. After section 50 insert-
.. Compurer programs: /uaju/ users 
BJek up copies. 50:\.-( 1) It is not an infringement of copyright for a lawful user of a copy 
of a computer program to make any back up copy of it which it is necessary 
for him to have for the purposes of his lawful use. 
(2) For the purposes of this section and sections 50B and 50C a person is 
a lawful user of a computer program if (whether under a licence to do any 
acts restricted by the copyright in the program or otherwise), he has a right 
to use the program. 
(3) \Vhere an act is permitted under this section, it is irrelevant whether 
or not there exists any term or condition in an agreement which purports to 
prohibit or restrict the act (such terms being, by virtue of section 296A, void). 
Decompilalion. 50B.-( I) It is not an infringement of copyright for a lawful user of a copy 
of a computer program expressed in a low level language-
(a) to convert it into a version expressed in a higher level language, or 
(b) incidentally in the course of so converting the program, to copy it, 
(that is, to" decompile ,. it), provided that the conditions in subsection (2) are 
met. 
(2) The conditions are that-
(a) it is necessary to decompile the program to obtain the information 
necessary to create an independent program which can be operated 
with the program decompiled or with another program (" the 
permitted objective "); and 
(b) the information so obtained is not used for any purpose other than the 
permitted objective. 8560 COPYRIGHT IP/N/lIGBRlC/2 
Page 23 
(3) In particular, the conditions in subsection (2) are not met if the lawful 
user-
(a) has readily available to him the information necessary to achieve the 
permitted objective; 
(b) does not confine the decompiling to such acts as are necessary to 
achieve the permitted objective; 
(c) supplies the information obtained by the decompiling to any person to 
whom it is not necessary to supply it in order to achieve the permitted 
objective; or 
(d) uses the information to create a program which is substantially similar 
in its expression to the program decompiled or to do any act restricted 
by copyright. 
(4) Where an act is permitted under this section, it is irrelevant whether 
or not there exists any term or condition in an agreement which purports to 
prohibit or restrict the act (such terms being, by virtue of section 296A, void). 
Other acts 
permitted to 
lawful users. SOC.-(l) It is not an infringement of copyright for a lawful user of a copy 
of a computer program to copy or adapt it, provided that the copying or 
adapting-
(a) is necessary for his lawful use; and 
(b) is not prohibited under any term or condition of an agreement 
regulating the circumstances in which his use is lawful. 
(2) It may, in particular, be necessary for the lawful use of a computer 
program to copy it or adapt it for the purpose of correcting errors in it. 
(3) This section does not apply to any copying or adapting permitted 
under section 50A or SOB.". 
9. In section 179 (index of defined expressions) III the appropriate place III the 
alphabetical order insert-
"lawful user (in sections 50A to SO C) section 50A(2) ". 
Amcl1dl71ClllS of Part VII (miscellaneous and general) fJfthe Copyright, 
Designs and Parents Act 1988 
Derices designed to circumyent copy-protection applied to computer programs 
10. In section 296 (devices designed to circumvent copy-protection), after subsection 
(2) inser·t-
.. (2A) \Vhere the copies being issued to the public as mentioned in subsection (1) 
are copies of a computer program, subsection (2) applies as if for the words ., or 
advertises for sale or hire" there were substituted" advertises for sale or hire or 
possesses in the course of a business"." . 
. ·hoidance of certain terms relating to computer programs 
11. After section 296 insert-
.-\\oidance of 
certain terms. .. Computer programs 
296A.-(l) Where a person has the use of a computer program under an 
agreement, any term or condition in the agreement shall be void in so far as 
it purports to prohibit or restrict-
(a) the making of any back up copy of the program which it is necessary 
for him to have for the purposes of the agreed use; 
(b) where the conditions in section 50B(2) are met. the decompiling of the 
program; or 
(c) the use of any device or means to observe, study or test the functioning 
of the program in order to understand the ideas and principles \vhich 
underlie any element of the program. 
(2) In this section, decompile, in relation to a computer program, has the 
same meaning as in section SOB ". IP/N/lIGBRlC/2 
Page 24 
SI 199213233 
Transitional provisions and savings 8561 
Computer programs created before 1st January 1993 
12.-(1) Subject to paragraph (2), the amendments of the Copyright, Designs and 
Patents Act 1988 made by these Regulations apply in relation to computer programs 
created before 1 st January 1993 as they apply to computer programs created on or after 
that date. 
(2) Nothing in these Reguiations affects any agreement or any term or condition of an 
agreement where the agreement, term or condition is entered into before 1 st January 1993. 
16th December 1992 E. Leigh 
Parliamentary Under Secretary of State, 
Department of Trade and Ind ustry 