Catalog / Reuses other publishers' content / LXD-1979

Reuses other publishers' content, in the United Kingdom

Copyright, Designs and Patents Act 1988, secondary infringement and the meaning of infringing copysince 4 lines

Copyright, Designs and Patents Act 1988, c. 48, ss. 22, 23 and 27 · Read the law's page

  • Do not import into the United Kingdom, otherwise than for your private and domestic use, an article that you know or have reason to believe is an infringing copy of a copyright work, unless the copyright owner has licensed it.
  • Do not, without the copyright owner's licence, possess in the course of a business, sell or let for hire, offer or expose for sale or hire, exhibit in public or distribute in the course of a business, or distribute otherwise than in the course of a business to such an extent as to affect the owner prejudicially, an article that you know or have reason to believe is an infringing copy of the work.
  • An article is an infringing copy if its making infringed the copyright in the work, or if it has been or is proposed to be imported into the United Kingdom and making it here would have infringed the copyright or breached an exclusive licence agreement; the importing limb does not reach an article put into circulation in the EEA by or with the copyright owner's consent.
  • A copy that section 29A(3) treats as an infringing copy, the provision for copies made for text and data analysis for non-commercial research, is an infringing copy for the purposes of these sections.
Copyright, Designs and Patents Act 1988, literary works including computer programs, acts restricted by copyright, and adaptationsince 6 lines

Copyright, Designs and Patents Act 1988, ss. 3, 16 and 21 · Read the law's page

  • Get the copyright owner's licence before you copy a work, issue copies of it to the public, rent or lend it to the public, perform, show or play it in public, communicate it to the public, or make an adaptation of it (s. 16(1)).
  • Do not do, or authorise another to do, any of those acts without the licence of the copyright owner: a person who does so infringes the copyright (s. 16(2)).
  • Treat copying or otherwise dealing with a substantial part of a work, directly or indirectly, as dealing with the work, whether or not any intervening act itself infringes copyright (s. 16(3)).
  • Treat a computer program, and preparatory design material for one, as a literary work in which copyright subsists once it is recorded, in writing or otherwise (s. 3(1) and (2)).
  • Treat an arrangement or altered version of a computer program, or a translation of it, including a version converted into or out of a computer language or code or into a different one, as an adaptation, and making one as an act restricted by the copyright (s. 21(1), (3)(ab) and (4)).
  • Check the acts permitted in relation to copyright works in Chapter III and the copyright licensing provisions in Chapter VII, to which the restrictions are subject (s. 16(4)).
Database Rightsince 2 lines

Copyright and Rights in Databases Regulations 1997, SI 1997/3032, regs. 12, 13, 16 and 17 · Read the law's page

  • Do not extract or re-utilise all or a substantial part of the contents of a UK database protected by database right without the maker's consent.
  • Repeated and systematic extraction or re-utilisation of only small, insubstantial parts of a database can itself amount to extracting a substantial part, so taking a protected database in small automated pieces over time does not avoid this right.
Infringement by Communication to the Publicsince 2 lines

Copyright, Designs and Patents Act 1988, c. 48, s. 20 · Read the law's page

  • Communicating a work to the public is an act restricted by the copyright in a literary, dramatic, musical or artistic work, a sound recording or film, or a broadcast (s. 20(1)).
  • In Part I of the Act, communication to the public means communication by electronic transmission, and it includes broadcasting the work and making it available to the public so that members of the public may access it from a place and at a time individually chosen by them (s. 20(2)).
Consumer Rights Act 2015, section 46, remedy for damage that digital content causes to a consumer's device or other digital contentsince 3 lines

Consumer Rights Act 2015, c. 15, s. 46 · Read the law's page

  • This binds a trader that supplies digital content to a consumer under a contract; a trader acts for purposes relating to its trade, business, craft or profession, and a consumer is an individual acting wholly or mainly outside them (sections 2(2), 2(3) and 46(1)).
  • If your digital content damages the consumer's device or other digital content, and the damage would not have occurred had you exercised reasonable care and skill, repair the damage within a reasonable time and without significant inconvenience to the consumer, bearing the necessary costs, or compensate the consumer with an appropriate payment (section 46(1) to (3)).
  • Pay any compensation without undue delay and within 14 days of agreeing that the consumer is entitled to it, and charge the consumer no fee for the payment (section 46(5) and (6)).
Criticism, Review, Quotation and News Reportingin force4 lines

Copyright, Designs and Patents Act 1988, c. 48, s. 30 · Read the law's page

  • You may use a quotation from a work made available to the public without infringing copyright, whether for criticism or review or otherwise, provided the use is fair dealing, no more than the purpose requires, and carries a sufficient acknowledgement unless that is impossible for practical or other reasons (s. 30(1ZA)).
  • You may deal fairly with a work for criticism or review (s. 30(1)), or with a work other than a photograph for reporting current events (s. 30(2)), each subject to a sufficient acknowledgement.
  • A contract term purporting to override the quotation exception is unenforceable.
  • None of these provisions carries a headline-length or short-extract cap distinct from the fair-dealing and extent-justified tests, and no reported UK decision has applied section 30 to a systematic news aggregator's reproduction of headlines and snippets.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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