-1 Removal
+1 Addition
Citation and commencement
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 June 2014.
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
Amendments to the Copyright, Designs and Patents Act 1988
2. The Copyright, Designs and Patents Act 1988(3) is amended in accordance with these Regulations.
2. The Copyright, Designs and Patents Act 1988(3) is amended in accordance with these Regulations.
Quotation: amendments to section 30
Quotation: amendments to section 30
3. (1) Section 30(4) is amended as follows.
3. (1) Section 30(4) is amended as follows.
(2) In the heading, after “review” insert “, quotation”.
(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)”.
(3) In subsection (1), after “acknowledgement” insert “(unless this would be impossible for reasons of practicality or otherwise)”.
(4) After subsection (1) insert—
(4) After subsection (1) insert—
“(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—
“(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,
(a)the work has been made available to the public,
(b)the use of the quotation is fair dealing with the work,
(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
(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).”
(d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).”
(5) In subsection (1A)—
(5) In subsection (1A)—
(a)for “subsection (1)” substitute “subsections (1) and (1ZA)”, and
(a)for “subsection (1)” substitute “subsections (1) and (1ZA)”, and
(b)for “that subsection” substitute “those subsections”.
(b)for “that subsection” substitute “those subsections”.
(6) After subsection (3) insert—
(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.”
“(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
Quotation: amendments to Schedule 2
4. (1) Paragraph 2(5) of Schedule 2 is amended as follows.
4. (1) Paragraph 2(5) of Schedule 2 is amended as follows.
(2) In the heading, after “reviews” insert “, quotation”.
(2) In the heading, after “reviews” insert “, quotation”.
(3) After sub-paragraph (1) insert—
(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—
“(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,
(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
(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.”
(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—
(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.”
“(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
Parody
5. (1) After section 30 insert—
5. (1) After section 30 insert—
“30A Caricature, parody or pastiche
“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.
(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) 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—
(2) In Schedule 2, after paragraph 2 insert—
“Caricature, parody or pastiche
“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.
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.
(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.”.
(3) Expressions used in this paragraph have the same meaning as in section 30A.”.
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