S T A T U T O R Y I N S T R U M E N T S
2014 No. 2356
COPYRIGHT
RIGHTS IN PERFORMANCES
The Copyright and Rights in Performances (Quotation and
Parody) Regulations 2014
Made - - - - 26th August 2014
Coming into force - - 1st October 2014
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European
Communities Act 1972(a) in relation to matters relating to copyright and rights in
performances(b).
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid
before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act makes the
following Regulations:
Citation and commencement
1. These Regulations may be cited as the Copyright and Rights in Performances (Quotation and
Parody) Regulations 2014 and come into force on 1st October 2014.
Amendments to the Copyright, Designs and Patents Act 1988
2. The Copyright, Designs and Patents Act 1988(c) is amended in accordance with these
Regulations.
Quotation: amendments to section 30
3.—(1) Section 30(d) is amended as follows.
(2) In the heading, after “review” insert “, quotation”.
(3) In subsection (1), after “acknowledgement” insert “(unless this would be impossible for
reasons of practicality or otherwise)”.
(4) After subsection (1) insert—
(a) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule.
(b) S.1. 1992/707 and S.I. 1993/595. (c) 1988 c.48. (d) Section 30 was amended by S.I. 2003/2498, regulations 3 and 10(1).
“(1ZA) Copyright in a work is not infringed by the use of a quotation from the work
(whether for criticism or review or otherwise) provided that—
(a) the work has been made available to the public,
(b) the use of the quotation is fair dealing with the work,
(c) the extent of the quotation is no more than is required by the specific purpose for
which it is used, and
(d) the quotation is accompanied by a sufficient acknowledgement (unless this would
be impossible for reasons of practicality or otherwise).”
(5) In subsection (1A)—
(a) for “subsection (1)” substitute “subsections (1) and (1ZA)”, and
(b) for “that subsection” substitute “those subsections”.
(6) After subsection (3) insert—
“(4) To the extent that a term of a contract purports to prevent or restrict the doing of any
act which, by virtue of subsection (1ZA), would not infringe copyright, that term is
unenforceable.”
Quotation: amendments to Schedule 2
4.—(1) Paragraph 2(a) of Schedule 2 is amended as follows.
(2) In the heading, after “reviews” insert “, quotation”.
(3) After sub-paragraph (1) insert—
“(1ZA) The rights conferred by this Chapter in a performance or a recording of a
performance are not infringed by the use of a quotation from the performance or recording
(whether for criticism or review or otherwise) provided that—
(a) the performance or recording has been made available to the public,
(b) the use of the quotation is fair dealing with the performance or recording, and
(c) the extent of the quotation is no more than is required by the specific purpose for
which it is used.”
(4) After sub-paragraph (1A) insert—
“(1B) To the extent that a term of a contract purports to prevent or restrict the doing of
any act which, by virtue of sub-paragraph (1ZA), would not infringe any right conferred by
this Chapter, that term is unenforceable.”
Parody
5.—(1) After section 30 insert—
“30A Caricature, parody or pastiche
(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not
infringe copyright in the work.
(2) To the extent that a term of a contract purports to prevent or restrict the doing of any
act which, by virtue of this section, would not infringe copyright, that term is
unenforceable.”
(2) In Schedule 2, after paragraph 2 insert—
(a) Paragraph 2 of Schedule 2 was amended by S.I. 2003/2498, regulations 3 and 10(2).
2
“Caricature, parody or pastiche
2A.—(1) Fair dealing with a performance or a recording of a performance for the
purposes of caricature, parody or pastiche does not infringe the rights conferred by this
Chapter in the performance or recording.
(2) To the extent that a term of a contract purports to prevent or restrict the doing of any
act which, by virtue of this paragraph, would not infringe any right conferred by this
Chapter, that term is unenforceable.
(3) Expressions used in this paragraph have the same meaning as in section 30A.”.
Baroness Neville-Rolfe
Parliamentary Under Secretary of State for Business, Innovation and Skills
26th August 2014 Department for Business, Innovation and Skills
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). Directive
2001/29 of the European Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society (OJ No L167, 22.6.2001.
p.10) permits Member States to provide for exceptions to the copyright and related rights provided
under the Directive in certain cases. Article 5(3)(d) permits an exception in the case of quotations
for purposes such as criticism or review. Regulation 3 amends the way in which this exception is
implemented in the UK. Article 5(3)(k) of the Directive permits an exception in the case of use for
the purpose of caricature, parody or pastiche. Regulation 5 introduces this exception in the UK.
Regulation 3 amends section 30 of the Act by inserting subsection (1ZA) to provide an
exception to copyright for the use of a quotation from a work where the use is fair dealing with the
work and to the extent that the quotation is no more than is required by the specific purpose for
which it is used and the quotation is accompanied by a sufficient acknowledgement. New section
30(4) provides that any term of a contract which prevents or restricts the doing of any act
permitted under new section 30(1ZA) is unenforceable. Regulation 4 amends paragraph 2 of
Schedule 2 to the Act to provide an equivalent exception for quotations by the taking of an extract
from a recording of a performance. The taking of an extract of a recording of a performance in
accordance with paragraph 2(1ZA) does not infringe the rights conferred by Chapter 2 of Part II of
the Act (rights in performances).
Regulation 5 inserts new section 30A and new paragraph 2A in Schedule 2 of the Act. New
section 30A(1) provides an exception to copyright in respect of fair dealing with a work for the
purposes of caricature, parody or pastiche. Subsection (2) provides that any term of a contract
which prevents or restricts the doing of any act permitted under section 30A(1) is unenforceable.
New paragraph 2A of Schedule 2 provides an equivalent exception for fair dealing with a
performance or a recording of a performance. Fair dealing with a performance or a recording of a
performance for the purposes of caricature, parody or pastiche does not infringe the rights
conferred by Chapter 2 of Part II of the Act (rights in performances).
Full impact assessments of the effect that this instrument will have on the cost of business and
the voluntary sector are available from the Intellectual Property Office, Concept House, Cardiff
Road, Newport, NP10 8QQ and are annexed to the Explanatory Memorandum (together with a
transposition note) which is available alongside the instrument on www.legislation.gov.uk.
© Crown copyright 2014
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http://www.legislation.gov.uk/id/uksi/2014/2356