Copyright, Designs and Patents Act 1988, section 16

The acts restricted by copyright in a work

Part I Copyright

(1)The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—

(a)to copy the work (see section 17);

(b)to issue copies of the work to the public (see section 18);

F60 (ba)to rent or lend the work to the public (see section 18A);

(c)to perform, show or play the work in public (see section 19);

[F61 (d)to communicate the work to the public (see section 20);F61]

(e)to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);

and those acts are referred to in this Part as the “acts restricted by the copyright”.

(2)Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.

(3)References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—

(a)in relation to the work as a whole or any substantial part of it, and

(b)either directly or indirectly;

and it is immaterial whether any intervening acts themselves infringe copyright.

(4)This Chapter has effect subject to—

(a)the provisions of Chapter III (acts permitted in relation to copyright works), and

(b)the provisions of Chapter VII (provisions with respect to copyright licensing).

Definitions used in section 16 2

copy

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

Defined in s.17(1) · see it in the full Act
adaptation

(3) In this Part “adaptation”—

(a)in relation to a dfnliterary work, other than a computer program or a database, or in relation to a dramatic work, means—

(i)a translation of the work;

(ii)a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;

(iii)a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;

(ab)in relation to a computer program, means an arrangement or altered version of the program or a translation of it;

(ac)in relation to a database, means an arrangement or altered version of the database or a translation of it;

(b)in relation to a musical work, means an arrangement or transcription of the work.

Defined in s.21(3) · see it in the full Act

Cases considering section 16 109

Newspaper Licensing Agency Ltd v. Marks and Spencer Plc

[2001] UKHL 38 · 12 July 2001Interprets

The infringement issue concerned unlicensed performance of an act restricted by copyright. No infringement occurred because no substantial part of the protected arrangement was copied (see paras [7]-[8]; [27]). An act is restricted only when done in relation to the whole or a substantial part of the work. Substantiality was assessed qualitatively by asking whether the facsimile appropriated the protected presentation and layout (see paras [19]-[27]). The further photocopies indirectly copied the same material reproduced in the original cuttings, but they did not reproduce a substantial part of the published editions (see paras [7]-[8]; [27]).

Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor

[2024] EWCA Civ 262 · 19 March 2024

Infringement required copying a substantial part containing protected original expression. Because creativity in the final-stage logo was low, its protection was narrow, and copying the broad visual concept did not suffice (see paras [43]; [192]-[194]).

Tunein Inc v Warner Music UK Ltd & Anor

[2021] EWCA Civ 441 · 26 March 2021

The court applied statutory authorisation liability to TuneIn's purported grants of access to foreign streams and of recording functionality to UK users. Authorisation could be inferred from the platform's operation, control, relationships and failure to prevent inevitable infringement. (see paras [164]-[166]; [172]-[178])

89 more judgments, and what each says about section 16, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F60S. 16(1)(ba) inserted (1.12.1996) by S.I. 1996/2967, reg. 10(1) (with Pt. III)
  2. F61S. 16(1)(d) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 6(2) (with regs. 31-40)