COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Duration of Copyright and Rights in Performances 
Regulations 1995 
Made 
19th December 1995 
Coming into force 
1st January 1996 
Whereas a draft of the following Regulations  has been approved by resolution of each House of Parliament: 
Now, therefore, the Se cretary of State, being a Minister design atedF1 for the purposes of section 2(2) of the 
European Communities Act 1972 F2 in relation to measures relating to the protection of copyrigh t and rights in 
performances, in exercise of powers conferred by section 2(2) a nd (4) of the said Act of 1972, hereby makes the 
following Regulations:— 
F1S.I. 1993/595 . 
F21972 c. 68 ; by virtue of the amendment of section 1(2) of that Act by sec tion 1 of the European Economic Area Act 1993 
(c.51)  regulations may be made under s ection 2(2) to implement obliga tions of the United Kingdom arising under the EEA 
Agreement. 
Part IIntroductory Provisions  
Citation, commencement and extent 
1.—(1) These Regulations may be cited as the Duration of Copyrigh t 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 Agreemen t on the European Economic Ar ea signed at Opor to on 2nd May 1992 F3, 
as adjusted by the Pr otocol signed at Bru ssels on 17th March 19 93 F4; and 
[F5“EEA state” means a member State, Ic eland, Liechtenstein or Nor way.] 
F3Cm 2073. 
F4CM 2183. 
F5Words in reg. 2  substituted (29.4.2006) by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 
2006/1028) , reg. 1 , Sch. 3 para. 1  Implementation of Directive, &c. 
3.  These Regulations make provision for the purpose of implement ing— 
(a)the main provisions of Council Directive No. 93/98/EEC  of 29th October 1993 F6 harmonizing the term of 
protection of copyright and certain related rights; and 
(b)certain obligations of the United Kingdom created by or aris ing under the EEA Agreement so far as 
relevant to the implementation of that Directive. 
F6O.J. No. L290, 24.11.93, p.9. 
Scheme of the regulations 
4.  The Copyright, Designs and Patents Act 1988 F7 is amended in accordance with the provisions of Part 
II of these Regulations, subject to the savings and transitiona l provisions in Part III of these Regulations. 
F71988 c. 48 . 
Part IIAmendments of the Copyright, Designs and Patents Act 198 8 
Copyright  
Duration of copyright in literary, dramatic, musical or artisti c works 
5.—(1) For section 12 (duration of copyright in literary, dramati c, musical or artistic works) substitute— 
“12.     Duration of copyright in literary, dramatic, musical or  artistic works. 
(1) The following provisions have effect with respect to the du ration 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 cal endar year in which the work 
was made, or 
(b)if during that period the work is made available to the publ ic, 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 follows. 
(4) Subsection (2) applies if the identity of the author become s 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 subsectio n whether a work has been made 
available to the public no account shall be taken of any unauth orised 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 th at 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 n ot apply and copyright 
expires at the end of the period of 50 years from the end of th e calendar year in which the work 
was made. 
(8) The provisions of this section are adapted as follows in re lation to a work of joint 
authorship— 
(a)the reference in subsection (2) to the death of the author s hall 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 autho r becoming known shall be 
construed as a reference to the identity of any of the authors becoming known; 
(c)the reference in subsection (6) to the author not being a na tional of an EEA state shall be 
construed as a reference to none of the authors being a nationa l of an EEA state. 
(9) This section does not apply to Crown copyright or Parliamen tary 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 permit ted on assumptions as to expiry of 
copyright or death of author), in subsection (1)(b)(ii) and sub section (2)(b) for “50 years" substitute “ 70 years 
”. 
(3) In section 154 (qualification for copyright protection by r eference 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.” 
Duration of copyright in sound recordings and films 
6.—(1) For section 13 (duration of copyright in sound recordings and films) substitute— 
“13A.     Duration of copyright in sound recordings. 
(1) The following provisions have effect with respect to the du ration of copyright in a sound 
recording. 
(2) Copyright expires— 
(a)at the end of the period of 50 years from the end of the cal endar 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 “re leased" when it is first 
published, played in public, broadcast or included in a cable p rogramme service; but in 
determining whether a sound recording has been released no acco unt 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 t he 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 sub ject prior to 29th October 
1993, the duration of copyright shall be as specified in subsec tions (2) and (3). 
13B.     Duration of copyright in films. 
(1) The following provisions have effect with respect to the du ration 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 p ersons— 
(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 i n 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 de ath 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 of 70 years from the end of the calend ar year in which the film was 
made, or 
(b)if during that period the film is made available to the publ ic, 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 tho se 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 subsectio n whether a film has been made 
available to the public no account shall be taken of any unauth orised act. 
(7) Where the country of origin is not an EEA state and the aut hor 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 ap ply 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. 
(10) For the purposes of this section the identity of any of th e persons referred to in 
subsection (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to 
ascertain his identity by reasonable inquiry; but if the identi ty 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 cop yright works), after section 66 insert— 
“ Miscellaneous: films and sound recordings  66A.     Films: acts permitted on assumptions as to expiry of c opyright, &c. 
(1) Copyright in a film is not infringed by an act done at a ti me when, or in pursuance of 
arrangements made at a time when— 
(a)it is not possible by reasonable inquiry to ascertain the id entity of any of the persons 
referred to in section 13B(2)(a) to (d) (persons by reference t o 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 (1)(b)(ii) does not apply in relation to— 
(a)a film in which Crown copyright subsists, or 
(b)a film in which copyright originally vested in an internatio nal 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 righ ts: acts which would not infringe copyright) 
for “section 57 (anonymous or pseudonymous works: acts permitte d on assumptions as to expiry of copyright 
or death of author)" substitute “ section 57 or 66A (acts permi tted on assumptions as to expiry of copyright, 
&c.) ”. 
(4) In section 105(2) (presumptions relevant to films), after p aragraph (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 f or and used in the film,”. 
Duration of copyright in bro adcasts and cable programmes 
7.—(1) For section 14 (duration of copyright in broadcasts and ca ble programmes) substitute— 
“14.     Duration of copyright in broadcasts and cable programme s. 
(1) The following provisions have effect with respect to the du ration 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 ma de 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 i s that to which it is entitled in the country of which the author is a national, provided that do es 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 sub ject prior to 29th October 
1993, the duration of copyright shall be as specified in subsec tion (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 acc ordingly no copyright arises in 
respect of a repeat broadcast or cable programme which is broad cast or included in a cable 
programme service after the expiry of the copyright in the orig inal 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 in cluded 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) ”. 
Meaning of country of origin 
8.—(1) In Chapter I of Part I (subsistence, ownership and duratio n of copyright), after section 15 insert— 
“15A.     Meaning of country of origin. 
(1) 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 countr y and is not simultaneously 
published elsewhere, the country of origin is that country. 
(3) If the work is first published simultaneously in two or mor e countries only one of which is 
a Berne Convention country, the country of origin is that count ry. 
(4) If the work is first published simultaneously in two or mor e countries of which two or more 
are Berne Convention countries, then— 
(a)if any of those countries is an EEA state, the country of or igin is that country; and 
(b)if none of those countries is an EEA state, the country of o rigin is the Berne Convention 
country which grants the shorter or shortest period of copyrigh t protection. 
(5) If the work is unpublished or is first published in a count ry which is not a Berne Convention 
country (and is not simultaneously published in a Berne Convent ion country), the country of 
origin is— 
(a)if the work is a film and the maker of the film has his head quarters 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 cou ntry, or 
(ii)an artistic work incorporated in a building or other struct ure situated in a Berne Convention 
country, 
that country; 
(c)in any other case, the country of which the author of the wo rk is a national. 
(6) In this section— 
(a)a “Berne Convention country" means a country which is a part y to any Act of the 
International Convention for the Protection of Literary and Art istic Works signed at Berne on 
9th September 1886; and 
(b)references to simultaneous publication are to publication wi thin 30 days of first 
publication.”. 
(2) In section 179 (index of defined expressions: Part I), at t he appropriate place insert— 
“country of origin section 15A.” 
Treatment of film sound tracks 
9.—(1) For section 5 (sound recordings and films) substitute— 
“5A.     Sound recordings. 
(1) In this Part “sound recording" means— 
(a)a recording of sounds, from which the sounds may be reproduc ed, 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, o r to the extent that it is, a copy 
taken from a previous sound recording. 
5B.     Films. 
(1) In this Part “film" means a recording on any medium from wh ich a moving image may by 
any means be produced. 
(2) The sound track accompanying a film shall be treated as par t of the film for the purposes 
of this Part. 
(3) Without prejudice to the generality of subsection (2), wher e that subsection applies— (a)references in this Part to showing a film include playing th e film sound track to accompany 
the film, and 
(b)references to playing a sound recording do not include playi ng the film sound track to 
accompany the film. 
(4) Copyright does not subsist in a film which is, or to the ex tent 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 w ords following paragraph (b). 
(3) In section 117 (licensing schemes to which ss.118 to 123 ap ply)— 
(a)in paragraph (a) omit “(or film sound-tracks when accompanyi ng a film)", and 
(b)in paragraph (b) omit “(other than film sound-tracks when ac companying a film)". 
(4) In section 124 (licences to which ss.125 to 128 apply)— 
(a)in paragraph (a) omit “(or film sound-tracks when accompanyi ng a film)", and 
(b)in paragraph (b) omit “(other than a film sound-track when a ccompanying a film)". 
(5) In section 179 F8 (index of defined expressions: Part I)— 
(a)in the entry relating to the expression “film" for “section 5" substitute “ section 5B ”; and 
(b)in the entry relating to the expression “sound recording" fo r “sections 5 and 135A" substitute “ sections 
5A and 135A ” 
(6) In section 212 (index of defined expressions: Part II)— 
(a)in the entry relating to the expression “film" for “section 5" substitute “ section 5B ”; and 
(b)in the entry relating to the expression “sound recording" fo r “section 5" substitute “ section 5A ”. 
F8Section 179  was amended by the Broadcasting Act 1990 (c. 42) , section 175(3)(b) . 
Rights in performances  
Duration of rights in performances 
10.  In Part II (rights in performances), for section 191 (duratio n of rights) substitute— 
“191.     Duration of rights. 
(1) The following provisions have effect with respect to the du ration of the rights conferred 
by this Part. 
(2) The rights conferred by this Part in relation to a performa nce expire— (a)at the end of the period of 50 years from the end of the cal endar year in which the 
performance takes place, or 
(b)if during that period a recording of the performance is rele ased, 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 pro gramme service; but in 
determining whether a recording has been released no account sh all be taken of any 
unauthorised act. 
(4) Where a performer is not a national of an EEA state, the du ration of the rights conferred 
by this Part in relation to his performance is that to which th e performance is entitled in the 
country of which he is a national, provided that does not excee d 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 sub ject prior to 29th October 
1993, the duration of the rights conferred by this Part shall b e 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 provisio ns), after section 172 insert— 
“172A.     Meaning of EEA national and EEA state. 
(1) 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 E EA Agreement. 
(2) References in this Part to a person being an EEA national s hall be construed in relation 
to a body corporate as references to its being incoporated unde r the law of an EEA state. 
(3) The “EEA Agreement" means the Agreement on the European Eco nomic Area signed at 
Oporto on 2nd May 1992, as adjusted by the Protocol signed at B russels on 17th March 1993.”. 
(2) In section 179 (index of defined expressions: Part I), at t he appropriate place insert— 
“EEA national and EEA state section 172A”. 
(3) In section 211(1) (expressions in Part II having same meani ng 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)”. 
Part IIISavings and transitional provisions  
Introductory  
Introductory 
12.—(1) References in this Part to “commencement", without more, a re to the date on which these 
Regulations come into force. 
(2) In this Part— 
“the 1988 Act" means the Copyright, Designs and Patents Act 198 8 F9; 
“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 amende d by these Regulations. 
(3) Expressions used in this Part which are defined for the pur poses of Part I or II of the 1988 Act, in 
particular references to the copyright owner, have the same mea ning as in that Part. 
F91988 c. 48 . 
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 copyrigh t in a film are to any copyright in the film as an 
original dramatic work or, as the case may be, in photographs f orming 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 commenc ement; and 
(b)“existing copyright work" means a work in which copyright su bsisted immediately before 
commencement. 
(2) For the purposes of those provisions a work of which the ma king 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 th an 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 Regulatio n 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 protecti on after commencement; 
(c)to existing copyright works, subject to Regulation 15 (gener al saving for any longer period applicable 
under 1988 provisions); F10... 
(d)to existing works in which copyright expired before 31st Dec ember 1995 but which were on 1st July 
1995 protected in another EEA state under legislation relating to copyright or related rights [F11; and] 
[F12(e)to existing works which qualify for copyright protection as a result of the disapplication of paragraph 
6(1) of Schedule 1 to the 1988 Act by sub-paragraph (1A) of par agraph 6 of Schedule 1 to the 1988 Act. ] 
F10Word in reg. 16(c) omitted (6.4.2017) by virtue of The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 
1, 3(2)(a)  
F11Word in reg. 16(d) substituted (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 
1, 3(2)(b)  
F12Reg. 16(e) inserted (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 1 , 3(2)(c)  
Extended and revived copyright 
17.  In the following provisions of this Part— 
“extended copyright" means any c opyright which subsists by virt ue of the new pro visions after the date on which 
it would have expired under  the 1988 provisions; and 
“revived copyright" means any c opyright which subsists by virtu e of the new provisions aft er having expired under 
the 1988 provisions or any earlier enactment relating to copyri ght. 
Ownership of extended copyright 
18.—(1) The person who is the owner of the copyright in a work imm ediately before commencement is as 
from commencement the owner of any extended copyright in the wo rk, subject as follows. (2) If he is entitled to copyright for a period less than the w hole 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 im mediately 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 shal l vest— 
(a)in the case of a film, in the principal director of the film  or his personal representatives, and 
(b)in any other case, in the author of the work or his personal  representatives. 
(3) Where revived copyright vests in personal representatives b y virtue of paragraph (2), it shall be held 
by them for the benefit of the person who would have been entit led to it had it been vested in the principal 
director or author immediately before his death and had devolve d as part of his estate. 
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 copyr ight 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 rev ived 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 constructi ve) of the licence or a person deriving title from 
such a purchaser; and references in Part I of the 1988 Act to d oing 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 mentione d in paragraph (1). 
Extended copyright: existi ng licences, agreement, &c. 
21.—(1) Any copyright licence, any term or condition of an agreeme nt relating to the exploitation of a 
copyright work, or any waiver or assertion of moral rights, whi ch— 
(a)subsists immediately before commencement in relation to an e xisting copyright work, and 
(b)is not to expire before the end of the copyright period unde r 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 e xisting copyright work, and 
(b)is not to expire before the end of the copyright period unde r 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 e xercise of moral rights in relation to a 
work in which there is revived copyright. 
(2) Any waiver or assertion of moral rights which subsisted imm ediately 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 auth or 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 identificat ion as author or director), 
section 80 (right to object to derogatory treatment of work), o r 
section 85 (right to p rivacy of certain photographs and films),  
are exercisable after commencement by his personal representati ves, and 
(b)any infringement after commencement of the right conferred b y 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 hi s estate as if the right of action had subsisted 
and been vested in him immediately before his death. 
(6) Nothing in these Regulations 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 o r 24 of Schedule 1 on the commencement of 
the 1988 Act or would have been so excluded if copyright had no t previously expired. 
Revived copyright: saving for acts of exploitation when work in  public domain, &c. 
23.—(1) No act done before commencement shall be regarded as infri nging 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 arrangemen ts made before 1st 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 mad e 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 ti me 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 cop yright 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 th e 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 rig ht subject to reasonable royalt y 
F1324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . 
F13Reg. 24  revoked (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 1 , 3(3) (with reg. 4 ) 
Revived copyright: application to Copyright Tribunal 
F1425.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . 
F14Reg. 25  revoked (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 1 , 3(4) 
Film sound tracks: applicat ion of new provisions 
26.—(1) The new provisions relating to the treatment of film sound  tracks apply to existing sound tracks 
as from commencement. 
(2) The owner of any copyright in a film has as from commenceme nt 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 t he copyright in the sound recording 
continues to have effect and shall have effect, so far as conce rns 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 perfo rmances— 
(a)“existing", in relation to a performance, means given before  commencement; and 
(b)“existing protected performance" means a performance in rela tion 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 ri ghts 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 saving 
28.  Any rights under Part II of the 1988 Act in an existing prote cted 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 provisio ns 
29.  The new provisions relating to the duration of rights under P art 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 performan ce was given at a date such that the rights 
would have ceased to subsist before the commencement of that Pa rt, 
but which were on 1st July 1995 protected in another EEA state under legislation relating to copyright or 
related rights. Extended and revived performance rights 
30.  In the following provisions of this Part— 
“extended performance rights" m eans rights under Part II of the  1988 Act which subsist by virtue of the new 
provisions after the date on wh ich they would have expired unde r the 1988 provisions; and 
“revived performance rights" m eans 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 wh ich was protected by earlier ena ctments relating to the protection of performers and 
in which rights under that Part d id not arise by reason only th at the performance was give n at a date such that the 
rights would have ceased to subs ist before the commencement of that Part. 
References in the following 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 co mmencement by the person who 
was entitled to exercise those rights immediately before commen cement, that is— 
(a)in the case of performers’ rights, the performer or (if he h as 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 t he meaning of section 185 of the 1988 Act 
the person having those rights. 
(2) Any revived performance rights are exercisable as from comm encement— 
(a)in the case of rights which expired after the commencement o f the 1988 Act, by the person who was 
entitled to exercise those rights immediately before they expir ed; 
(b)in the case of revived pre-1988 performers’ rights, by the p erformer or his personal representatives; 
(c)in the case of revived pre-1988 recording rights, by the per son who would have been the person having 
those rights immediately before the commencement of the 1988 Ac t 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 of a 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, relati ng 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 righ ts under Part II of the 1988 Act subsist in 
relation to that performance, 
shall continue to subsist during the period of any extended per formance rights, subject to any agreement to 
the contrary. 
Revived performance rights: saving for acts of exploitation whe n performance in public domain, &c. 
33.—(1) No act done before commencement shall be regarded as infri nging 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 arrangemen ts made before 1st January 1995 at a 
time when the performance was not protected, or 
(b)to issue to the public after commencement a recording of a p erformance made before 1st July 1995 at a 
time when the performance was not protected. 
(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 befo re commencement, or made in pursuance 
of arrangements made before commencement, which contains a reco rding of the performance if— 
(a)the recording of the performance was made before 1st July 19 95 at a time when the performance was 
not protected, or 
(b)the recording of the performance was made in pursuance of ar rangements made before 1st 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 a t a time when, the name and address of a 
person entitled to authorise the act cannot by reasonable inqui ry be ascertained. 
(5) In this Regulation “arrangements" means arrangements for th e exploitation of the performance in 
question. 
(6) References in this Regulation to a performance being protec ted 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 perfor mer being required under earlier enactments 
relating to the protection of performers. 
Revived performance rights: use as of right subject to reasonab le remuneration F1534.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . 
F15Reg. 34  revoked (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 1 , 3(5) (with reg. 5 ) 
Revived performance rights: application to Copyright Tribunal 
F1635.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . 
F16Reg. 35  revoked (6.4.2017) by The Copyright (Amendment) Regulations 2016 (S.I. 2016/1210) , regs. 1 , 3(6) 
Supplementary  
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 if it was on that 
date regarded under the law of the United Kingdom or another EE A state as having been published in that 
state; 
(b)an unpublished film made before 1st July 1995 shall be treat ed as originating in an EEA state if it was on 
that date regarded under the law of the United Kingdom or anoth er EEA state as a film whose maker had 
his headquarters in, or was domiciled or resident in, that stat e; and 
(c)the author of a work made before 1st July 1995 shall be trea ted as an EEA national if he was on that 
date regarded under the law of the United Kingdom or another EE A 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 198 8 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 perf ormer 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 l aw of that state having e ffect for the purposes of 
rights corresponding to those pr ovided for in Part II of the 19 88 Act. 
(3) In this Regulation “another EEA state" means an EEA state o ther than the United Kingdom. 
Ian Taylor, 
Parliamentary Under-Secretary of State For Science and Technolo gy, 
Department of Trade and Industry 
EXPLANATORY NOTE 
(This note is not part of the Regulations) These Regulations implement all of those provisions of Council Directive No. 93/98/EEC  (O.J. No. L 290, 
24.11.93, p. 9) (“the Directive") w hich harmonise the term of p rotection of copyright and c ertain related rights. 
The Regulations come into  force on 1st January 1996. 
The Copyright, Designs and Pat ents Act 1988 (“t he Act") already  grants some of the terms  of protection required 
by the Directive. These regulations amend and extend the Act in sofar as its provisions  do not conform to or 
comply with the requirements o f the Directive. They also implem ent in respect of that Act, i nsofar as required by, 
or consequential upon the modifi cations made in implementation of the Directive, the ob ligation imposed by the 
European Economic Area Act 1993 in accordance with the United K ingdom’s obligati ons under the European 
Economic Area Agreement, to substi tute for any reference to a M ember State of the European Community, a 
reference to an EEA State. 
The provisions of the Directive harmonising the duration of cop yright increase the existing period of copyright in 
literary, dramatic, musical and a rtistic works in the United Ki ngdom 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 c alculated is modified by 
the Directive so as to be simila r in length to that of literary , 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 pres ent 50 year period of protection of righ ts in performances is also modified by the Directive 
with the result that t he overall dur ation of thos e rights will,  in some cases, increase. The Directive also requires 
reciprocal duration of copyri ght and performer’s rights in the case of works and performances connected with 
countries not mem bers of the EEA. 
Transitional provisions have the  following effect where the per iod of protection is increased: 
—in relation to duration of cop yright, in the case of works in which copyright subsists on 31st December 1995, 
the duration of copyright is ex tended from 1st January 1996; in  the case of works in whi ch copyright has expired 
in the United Kingdom before 1st July 1995, but which are prote cted on that date under the copyright legislation 
of any other State in the EEA, copyright will revive on 1st Jan uary 1996 and will then ex pire on a date 70 years 
after the author’s death; 
—in relation to duration of ri ghts in performances, to provide for both extending and reviving rights in 
performances where this occurs as  a result of the application o f the modified starting poin t for calculating the term 
of protection of existing performances. 
The provisions of Part II of the R egulations, which amend the A ct: 
(a)  increase the duration of copyright in literary, dramatic, mus ical and artistic works of known authorship 
to life plus 70 years; make new provision for the duration of c opyright in films to be linked to the lives of 
persons connected with a film and to last until 70 years after the death of the last of those persons to die; 
increase the duration of copyright in respect of works of unkno wn authorship to 70 years after the date upon 
which the work is either made, or if made available to the publ ic 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 litera ry, 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 t hat 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 1 993 (regulations 5, 6, 7 and 8); 
(c)  modify the meaning of “released", in connection with the calc ulation of the duration of copyright in 
sound recordings so as to include “playing in public" (regulati on 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 (regulati on 5); 
(e)  make similar provision in relation to acts permitted on assum ptions as to the expiry of copyright in a 
film on the death of persons by reference to whose life the cop yright period in a film is ascertained (regulation 
6); 
(f)  make provision for a sound track accompanying a film to be tr eated 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 from when the performance takes place, o f if a recording of the performance is 
released within that period, for 50 years from when the recordi ng 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 man ner to the provision on reciprocal duration of 
copyright (regulation 10); 
Part III of the Regulations (whi ch contains the transitional pr ovisions 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 long er than that to which a work might 
otherwise be entitled under the Regulations (regulation 15); 
(c)  for those Regulations which increase the duration of copyrigh t 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 1 995, and further, to apply to works made, 
and in which copyright in the United Kingdom expired, before th at date but which were protected on 1st July 
1995 under legislation relating to copyright in any other EEA S tate: extended and revived copyright 
(regulations 16 and 17); 
(d)  for the determination of the ownership of both extended and r evived copyright (regulations 18, 19 and 
20); (e)  in relation to extended copyright, for any licence, term or c ondition of an agreement or waiver or 
assertation of moral rights, or any such licence, term or condi tion 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); 
(f)  who is to exercise moral rights in respect of a revived copyr ight (regulation 22); 
(g)  a saving in respect of arrangements made before 1st January 1 995 so that any acts done after 1st 
January 1996 in pursuance of such arrangements are not to be in fringements of revived copyright (regulation 
23); 
(h)  a saving in respect of the issue to the public after 1st Janu ary 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); 
(j)  a saving for acts done after 1st 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 rev ived work and the copy or adaptation was made 
before 1st July 1995, or in pursuance of arrangements made befo re 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 co pyright in respect of revived copyright works 
subject only to the payment of royalties or other payments as m ay be agreed or, in default of agreement, be 
fixed by the Copyright Tribunal, except where a licence could b e granted by a licensing body (regulations 24 
and 25); 
(l)  for the saving of any period of protection of rights which wo uld 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 c alculation of the duration of rights in 
performances in the United Kingdom to apply not only to perform ances taking place after 1st January 1996 
but also to performances which take place before that date in w hich rights under Part II of the Act subsist on 
31st December 1995 and further, to apply to performances in whi ch rights under Part II of the Act, or under 
any earlier enactment, expired in the United Kingdom before 1st  July 1995, in the event that they were 
protected on 1st July 1995 under legislation relating to copyri ght or related rights in any other EEA State: 
extended and revived performance rights (regulations 29 and 30) ; 
(n)  for the determination of ownership of both extended and any r evived performance rights (regulation 
31); 
(o)  in relation to extended and any revived performance rights, f or 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 consen t would otherwise be required in respect of 
a performance in which any revived performance rights subsist s ubject 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). 
 