Citation and commencement

1. These Regulations may be cited as the Copyright (Amendment) Regulations 2016 and come into force on 6th April 2017 (“the commencement date”).

Amendments to the Copyright, Designs and Patents Act 1988

2. —(1)The Copyright, Designs and Patents Act 1988( 3 ) is amended as follows.

(2) In paragraph 5 of Schedule 1—

(a) in sub-paragraph (2)(a) omit “or”;

(b) at the end of sub-paragraph (2)(b) for the full-stop substitute “, or”;

(c) after sub-paragraph (2)(b) insert—

“ (c) where the work is an artistic work in which copyright subsists as a result of the disapplication of paragraph 6(1) by paragraph 6(1A) ” .

(3) In paragraph 6 of Schedule 1 after sub-paragraph (1) insert—

“ (1A) Sub-paragraph (1) does not apply to an artistic work which was on 1st July 1995 protected under the law of another EEA state relating to copyright or related rights. ” .

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

3. —(1)The Duration of Copyright and Rights in Performances Regulations 1995( 4 ) are amended as follows.

(2) In regulation 16 (duration of copyright: application of new provisions)—

(a) at the end of paragraph (c) omit “and”;

(b) at the end of paragraph (d) for the full-stop substitute “; and”;

(c) after paragraph (d) insert—

“ (e) to existing works which qualify for copyright protection as a result of the disapplication of paragraph 6(1) of Schedule 1 to the 1988 Act by sub-paragraph (1A) of paragraph 6 of Schedule 1 to the 1988 Act. ” .

(3) Subject to regulation 4 of these Regulations, regulation 24 (revived copyright: use as of right subject to reasonable royalty) is revoked.

(4)Regulation 25 (revived copyright: application to Copyright Tribunal) is revoked.

(5) Subject to regulation 5 of these Regulations, regulation 34 (revived performance rights: use as of right subject to reasonable remuneration) is revoked.

(6)Regulation 35 (revived performance rights: application to Copyright Tribunal) is revoked.

Transitional provisions

4.Regulation 24 of the Duration of Copyright and Rights in Performances Regulations 1995 applies on or after the commencement date in relation to acts restricted by copyright done in relation to a work in which revived copyright subsists but only where, in relation to those acts, a royalty or remuneration is agreed or determined for the purposes of that regulation before the commencement date.

5. Regulation 34 of the Duration of Copyright and Rights in Performances Regulations 1995 applies on or after the commencement date in relation to acts which require the consent of the rights owner done in relation to a performance in which revived performance rights subsist but only where, in relation to those acts, remuneration is agreed or determined for the purposes of that regulation before the commencement date.