Crown Copyright Acknowledged Copyright, Designs and Patents Part 3 Act 1988 (-) Search lawindexpro for case law on this statute. This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted. Rights and remedies of exclusive licensee 101 Rights and remedies of exclusive licensee (1) An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment. (2) His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly. (3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner. 102 Exercise of concurrent rights (1) Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant. (2) A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings. (3) The above provisions do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone. (4) Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action ;
and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action. (5) The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 99 (order for delivery up) or exercising the right conferred by section 100 (right of seizure); and the court may on the application of the licensee make such order under section 99 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 100, as it thinks fit having regard to the terms of the licence. Remedies for infringement of moral rights 103 Remedies for infringement of moral rights (1) An infringement of a right conferred by Chapter IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right. (2) In proceedings for infringement of the right conferred by section 80 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work. Presumptions 104 Presumptions relevant to literary, dramatic, musical and artistic works (1) The following presumptions apply in proceedings brought by virtue of this Chapter with respect to a literary, dramatic, musical or artistic work. (2) Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared shall be presumed, until the contrary is proved ;
(3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors. (4) Where no name purporting to be that of the author appeared as mentioned in subsection (2) but ;
the person whose name appeared shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication. (5) If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, in the absence of evidence to the contrary ;
105 Presumptions relevant to sound recordings and films (1) In proceedings brought by virtue of this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating ;
the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved. (2) In proceedings brought by virtue of this Chapter with respect to a film, where copies of the film as issued to the public bear a statement ;
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved. (3) In proceedings brought by virtue of this Chapter with respect to a computer program, where copies of the program are issued to the public in electronic form bearing a statement ;
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved. (4) The above presumptions apply equally in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued to the public. (5) In proceedings brought by virtue of this Chapter with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement ;
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved. This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service. [(6) For the purposes of this section, a statement that a person was the director of a film shall be taken, unless a contrary indication appears, as meaning that he was the principal director of the film.] 106 Presumptions relevant to works subject to Crown copyright In proceedings brought by virtue of this Chapter with respect to a literary, dramatic or musical work in which Crown copyright subsists, where there appears on printed copies of the work a statement of the year in which the work was first published commercially, that statement shall be admissible as evidence of the fact stated and shall be presumed to be correct in the absence of evidence to the contrary. Offences 107 Criminal liability for making or dealing with infringing articles, &c (1) A person commits an offence who, without the licence of the copyright owner ;
an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work. (2) A person commits an offence who ;
knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business. (3) Where copyright is infringed (otherwise than by reception of a broadcast or cable programme) ; (a) by the public performance of a literary, dramatic or musical work, or (b) by the playing or showing in public of a sound recording or film, any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed. (4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable ;
(5) A person guilty of any other offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both. (6) Sections 104 to 106 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section; but without prejudice to their application in proceedings for an order under section 108 below. [107A Enforcement by local weights and measures authority] [(1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107. (2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act ;
(3) Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland. For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers. (4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act. (5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.] 108 Order for delivery up in criminal proceedings (1) The court before which proceedings are brought against a person for an offence under section 107 may, if satisfied that at the time of his arrest or charge ;
order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct. (2) For this purpose a person shall be treated as charged with an offence ;
(3) An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made ;
(4) An appeal lies from an order made under this section by a magistrates court ;
and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence. (5) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 114. (6) Nothing in this section affects the powers of the court under section 43 of the Powers of Criminal Courts Act 1973, [Part II of the Proceeds of Crime (Scotland) Act 1995] or Article 7 of the Criminal Justice (Northern Ireland) Order 1980[Article 11 of the Criminal Justice (Northern Ireland) Order 1994] (general provisions as to forfeiture in criminal proceedings). 109 Search warrants (1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing ;
he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary. (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material). (3) A warrant under this section ;
(4) In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that any offence under section 107(1) has been or is about to be committed. (5) In this section "premises" includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft. 110 Offence by body corporate: liability of officers (1) Where an offence under section 107 committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In relation to a body corporate whose affairs are managed by its members "director" means a member of the body corporate. Part VII Miscellaneous and General Devices designed to circumvent copy-protection 296 Devices designed to circumvent copy-protection (1) This section applies where copies of a copyright work are issued to the public, by or with the licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing the copies to the public has the same rights against a person who, knowing or having reason to believe that it will be used to make infringing copies ;
as a copyright owner has in respect of an infringement of copyright. [(2A) Where 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.] (3) Further, he has the same rights under section 99 or 100 (delivery up or seizure of certain articles) in relation to any such device or means which a person has in his possession, custody or control with the intention that it should be used to make infringing copies of copyright works, as a copyright owner has in relation to an infringing copy. (4) References in this section to copy-protection include any device or means intended to prevent or restrict copying of a work or to impair the quality of copies made. (5) Expressions used in this section which are defined for the purposes of Part I of this Act (copyright) have the same meaning as in that Part. (6) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part I (copyright) ;
and section 114 of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above. |