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The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

Sections44
2019 No. 605

Exiting The European Union

Intellectual Property

The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

Made19th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

PART 1 Introduction

I11 Citation and commencement

1 These Regulations may be cited as the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019.
2 These Regulations come into force on exit day.

PART 2 Amendments to the Copyright, Designs and Patents Act 1988

I22 Amendments to the Copyright, Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988 M2 is amended in accordance with this Part.

I33 

In section 6A (safeguards in case of certain satellite broadcasts) M3—
a for “an EEA State”, in each place it occurs, substitute “ the United Kingdom ”;
b in subsection (2)(a), for “that place” substitute “ the United Kingdom ”;
c in subsection (3)(b), for “the place in which he has his principal establishment in the European Economic Area” substitute “ the United Kingdom ”.

I44 

In section 12(6) and (8)(c) (duration of copyright in literary, dramatic, musical or artistic works) M4, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

I55 

In section 13A(4) (duration of copyright in sound recordings) M5, for “an EEA state” substitute “ the United Kingdom ”.

I66 

In section 13B(7) and (8) (duration of copyright in films) M6, for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”.

I77 

In section 14(3) (duration of copyright in broadcasts) M7, for “an EEA state” substitute “ the United Kingdom ”.

I88 

In section 15A(4) (meaning of country of origin) M8—
a for sub-paragraph (a) substitute—
;
b in sub-paragraph (b), for “if none of those countries is an EEA state” substitute “ if the United Kingdom is not one of those countries ”.

I99 

In section 31B(1) and (9) (making and supply of accessible copies by authorised bodies) M9 omit “or another member State of the European Union” in each place it occurs.

I1010 

In section 31BB(4)(b) (accessible and intermediate copies: records and notification) M10, for “another” substitute “ a ”.

I1111 

Omit section 44B (permitted uses of orphan works) M11.

I1212 

Omit section 76A (certain permitted uses of orphan works) M12.

I1313 

In section 144A(1) (collective exercise of certain rights in relation to cable re-transmission) M13, for “another” substitute “ an ”.

I1414 

In section 154(1) (qualification by reference to author) M14—
a in paragraph (a), omit “a national of another EEA state,”;
b in paragraphs (b) and (c), omit “or another EEA state”.

I1515 

In section 155(1)(a) (qualification by reference to country of first publication) M15 omit “another EEA state,”.

I1616 

In section 156(1)(a) (qualification by reference to place of transmission) M16 omit “another EEA state,”.

I1717 

In section 170 (transitional provisions and savings) M17 omit subsection (3).

I1818 

In section 172A (meaning of EEA and related expressions) M18 omit subsection (2).

I1919 

In section 178 (minor definitions) M19, at the appropriate place insert—

I2020 

In section 179 (index of defined expressions) M20—
a in the entry for “the EEA, EEA state and national of an EEA state”, for “, EEA state and national of an EEA state” substitute “ and EEA state ”;
b at the appropriate place insert—
.

I2121 

In section 191(4) (duration of rights) M21, for “an EEA state” substitute “ the United Kingdom ”.

I2222 

In section 206(1) (qualifying countries, individuals and persons) M22 omit paragraph (b).

I2323 

Omit Schedule ZA1 (certain permitted uses of orphan works) M23.

I2424 

In Schedule 1 (copyright: transitional provisions and savings) M24, in paragraph 6(1A), for “another” substitute “ an ”.

I2525 

In Schedule 2 (rights in performances: permitted acts) M25—
a in paragraph 3B(1) omit “or another member State of the European Union”;
b in paragraph 3B(8) omit “or in another member State of the European Union”;
c in paragraph 3D(4)(b), for “another” substitute “ a ”.

PART 3 Amendments to subordinate legislation

I2626 Amendments to the Duration of Copyright and Rights in Performances Regulations 1995

1 The Duration of Copyright and Rights in Performances Regulations 1995 M26 are amended as follows.
2 In regulation 16 (duration of copyright: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.
3 In regulation 29 (duration of rights in performances: application of new provisions), in paragraph (d) for “another EEA state” substitute “ an EEA state ”.
4 In regulation 36 (construction of references to EEA states)—
a in paragraphs (1) and (2) for “another EEA state”, in each place it occurs, substitute “ an EEA state ”;
b omit paragraph (3).

I2727 Amendments to the Copyright and Related Rights Regulations 1996

1 The Copyright and Related Rights Regulations 1996 M27 are amended as follows.
2 In regulation 2 (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.
3 In regulation 16(4) (publication right)—
a in sub-paragraph (a), after “European Economic Area” insert “ or in the United Kingdom ”;
b in sub-paragraph (b), after “an EEA state” insert “ or a national of the United Kingdom ”;
c in the full out words of that paragraph, after “an EEA state” insert “ or a national of the United Kingdom ”.
4 In regulation 29(1)(a) (satellite broadcasting: international co-production agreements) after “an EEA state” insert “ or a national of the United Kingdom ”.

I2828 Amendments to the Copyright and Rights in Databases Regulations 1997

1 The Copyright and Rights in Databases Regulations 1997 M28 are amended as follows.
2 In regulation 12(1) (interpretation) at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the 1988 Act ”.
3 In regulation 18 (qualification for database right)—
a in paragraph (1)—
i for “the EEA” substitute “ the United Kingdom ”;
ii in sub-paragraph (a), for “an EEA state” substitute “ the United Kingdom ”;
iii in sub-paragraphs (b) and (c), for “an EEA state” substitute “ any part of the United Kingdom ”;
b in paragraph (2), for “the EEA” and for “an EEA state”, in each place it occurs, substitute “ the United Kingdom ”;
c in paragraph (4), omit sub-paragraph (a).

I2929 Amendments to the Artist's Resale Right Regulations 2006

1 The Artist's Resale Right Regulations 2006 M29 are amended as follows.
2 In regulation 2 (interpretation)—
a omit the definition of “EEA state”;
b at the appropriate place insert “ “national of the United Kingdom” has the meaning given by section 178 of the Copyright, Designs and Patents Act 1988 ”.
3 In regulation 10 (requirements as to nationality), in paragraph (a) for “an EEA state” and for “EEA states” substitute “ the United Kingdom ”.
4 In regulation 17 (review of regulations) omit paragraph (2).

I3030 Amendments to the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014

In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 M30 (application for authorisation), for “European Economic Area” substitute “ the United Kingdom ”.

I3131 Amendments to the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014

M31In regulation 4 of the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 (diligent search)—
a in paragraph (3)—
i in sub-paragraph (a) omit “and the relevant database maintained by the Office for Harmonization in the Internal Market; and”;
ii omit sub-paragraph (b);
b in paragraph (5) omit sub-paragraph (b).

I3232 Amendments to the Collective Management of Copyright (EU Directive) Regulations 2016

1 The Collective Management of Copyright (EU Directive) Regulations 2016 M32 are amended as follows.
2 In regulation 2(1) (interpretation and application), in the definition of “multi-territorial licence”, for “more than one member State” substitute “ the United Kingdom and at least one member State ”.
3 In regulation 4 (particular obligations of collective management organisations in relation to right holders), in paragraph (a) for “member State” substitute “ country ”.
4 In regulation 15(3) (licensing), for “a member State” substitute “ the United Kingdom ”.
5 In regulation 22(2) (application), for “Articles 101 and 102 of the Treaty on the Functioning of the European Union” substitute “ Part I of the Competition Act 1998 ”.
6 In regulation 51 (review) omit paragraph (2).

I3333 Amendments to the Copyright and Performances (Application to Other Countries) Order 2016

In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 2016 M33 (citation, commencement, interpretation and revocation), in paragraph (2), in the definition of “relevant country”, for “another EEA state” substitute “ an EEA state ”.

I3434 Revocation of the Portability of Online Content Services Regulations 2018

The Portability of Online Content Services Regulations 2018 are revoked M34.

I3535 Amendments to the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018

Omit regulation 20(4) of the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (review) M35.

PART 4 Amendments to retained direct EU legislation

I3636 Amendments to Council Regulation (EU) 2017/1563

1 Council Regulation (EU) 2017/1563 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled is amended as follows.
2 Omit Article 1 (subject matter and scope).
3 For Article 2(4) substitute—
.
4 In Article 3 (export of accessible format copies to third countries),—
a for “a Member State” substitute “ the United Kingdom ”;
b for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.
5 In Article 4 (import of accessible format copies from third countries),—
a for “a Member State” substitute “ the United Kingdom ”;
b for “the national legislation adopted pursuant to Directive (EU) 2017/1564” substitute “ the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 ”.
6 In Article 5 (obligations of authorised entities) for “a Member State” substitute “ the United Kingdom ” in all places where it appears.
7 In Article 6 (protection of personal data) for “Directives 95/46/EC M36 and 2002/58/EC” substitute “ Regulation (EU) 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ”.
8 Omit Article 7 (review).
9 Omit Article 8 (entry into force and application).
10 At the end omit the sentence starting “This Regulation shall be binding”.

I3737 Revocations

Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market is revoked.

PART 5 Transitional provisions and savings

I3838 Transitional provisions and savings

The amendments made by these Regulations do not apply to any database in which a database right exists under the Copyright and Rights in Databases Regulations 1997 prior to IP completion day.

Footnotes

  1. M1
    2018 c.16.
  2. M2
    1988 c.48.
  3. M3
    Section 6A was inserted by S.I. 1996/2967, amended by S.I. 2003/2498.
  4. M4
    Section 12 was substituted by S.I. 1995/3297, amended by the Government of Wales Act 2006 (c.32), section 160(1), Schedule 10, paragraphs 22,23, S.I. 2003/2498, S.I. 2013/1782.
  5. M5
    Section 13A was substituted by S.I. 1995/3297, amended by S.I. 2003/2498, S.I. 2013/1782.
  6. M6
    Section 13B was substituted by S.I. 1995/3297, amended by S.I. 2003/2498.
  7. M7
    Section 14 was substituted by S.I. 1995/3297, amended by S.I. 2003/2498.
  8. M8
    Section 15A was inserted by S.I. 1995/3297.
  9. M9
    Section 31B was amended by S.I. 2018/995, regulation 5.
  10. M10
    Section 31BB was amended by S.I. 2018/995, regulation 7.
  11. M11
    Section 44B was inserted by S.I. 2014/2861.
  12. M12
    Section 76A was inserted by S.I. 2014/2861.
  13. M13
    Section 144A was inserted by S.I. 1996/2967, amended by S.I. 2003/2498, S.I. 2006/1028.
  14. M14
    Section 154 was amended by the British Overseas Territories Act 2002 (c.8), section 2(3), the Intellectual Property Act 2014 (c.18), section 22(1), S.I. 1995/3297, S.I. 2003/2498.
  15. M15
    Section 155 was amended by the Intellectual Property Act 2014 (c.18), section 22(2).
  16. M16
    Section 156 was amended by the Intellectual Property Act 2014 (c.18), section 22(3), S.I. 2003/2498.
  17. M17
    Section 170 was amended by the Enterprise and Regulatory Reform Act 2013 (c.24), section 76.
  18. M18
    Section 172A was inserted by S.I. 1995/3297, amended by S.I. 1996/2967, S.I. 2006/1028.
  19. M19
    Section 178 was amended by the Northern Ireland Act 1998 (c.47), section 99, Schedule 13, para 8(7), the Scotland Act 1998 (c.46), section 125(1), Schedule 8, para 25(7), the Government of Wales Act 2006 (c.32), section 160(1), Schedule 10, paras 22,29, S.I.1996/2967, S.I. 2003/2498.
  20. M20
    Section 179 was amended by the Broadcasting Act 1990 (c.42), section 175(3), the Northern Ireland Act 1998 (c.47), section 99, Schedule 13, paragraph 8(8), the Scotland Act 1998 (c.46), section 125, Schedule 8, para 25(8), the Copyright (Visually Impaired Persons) Act 2002 (c.33), section 7(2), the Government of Wales Act 2006 (c.32), section 160(1), Schedule 10, paragraphs 22,30, S.I. 1992/3233, S.I. 1995/3297, S.I. 1996/2967, S.I. 1997/3032, S.I. 2003/2498, S.I. 2006/1028, S.I. 2014/1372, S.I. 2014/1384.
  21. M21
    Section 191 was amended by S.I. 1995/3297, S.I. 1996/2967, S.I. 2003/2498, S.I. 2006/18, S.I. 2013/1782.
  22. M22
    Section 206 was amended by the British Overseas Territories Act 2002 (c.8), section 2(3), the Intellectual Property Act 2014 (c.18), section 22(5), (6), (7).
  23. M23
    Schedule ZA1 was inserted by S.I. 2014/2861.
  24. M24
    Schedule 1 was amended by the British Overseas Territories Act 2002 (c.8), s1(2), the Enterprise and Regulatory Reform Act 2013 (c.24), s 74(1), (3)(b), S.I. 2003/2498, S.I. 2006/1210.
  25. M25
    Schedule 2 was amended by S.I. 2018/995, regulations 12 to 16.
  26. M26
    S.I. 1995/3297, amended by S.I 2006/1028, S.I 2016/1210.
  27. M27
    S.I. 1996/2967, amended by S.I. 2003/2498, S.I. 2006/1028.
  28. M28
    S.I. 1997/3032, amended by S.I. 2003/2501; there are other amending instruments but none is relevant.
  29. M29
    S.I. 2006/346, amended by S.I 2009/2792, S.I. 2011/2873.
  30. M30
    S.I. 2014/2588, amended by S.I. 2016/221.
  31. M31
    S.I. 2014/2863.
  32. M32
    S.I. 2016/221.
  33. M33
    S.I. 2016/1219.
  34. M34
    S.I. 2018/249.
  35. M35
    S.I. 2018/995.
  36. M36
    Directive 95/46/EC was repealed by Article 94.1 of Regulation 2016/679. Under Article 94.2 of that Regulation references to Directive 95/46/EC shall be construed as references to that Regulation.
  37. I1
    Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  38. I2
    Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  39. I3
    Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  40. I4
    Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  41. I5
    Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  42. I6
    Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  43. I7
    Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  44. I8
    Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  45. I9
    Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  46. I10
    Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  47. I11
    Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  48. I12
    Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  49. I13
    Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  50. I14
    Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  51. I15
    Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  52. I16
    Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  53. I17
    Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  54. I18
    Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  55. I19
    Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  56. I20
    Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  57. I21
    Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  58. I22
    Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  59. I23
    Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  60. I24
    Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  61. I25
    Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  62. I26
    Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  63. I27
    Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  64. I28
    Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  65. I29
    Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  66. I30
    Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  67. I31
    Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  68. I32
    Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  69. I33
    Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  70. I34
    Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  71. I35
    Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  72. I36
    Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  73. I37
    Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  74. I38
    Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
  75. F1
    Reg. 31(a) substituted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 3
  76. F2
    Words in reg. 38 substituted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 4