Copyright, Designs and Patents Act 1988, section 17

Infringement of copyright by copying

Part I Copyright

(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.

(2)Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.

This includes storing the work in any medium by electronic means.

(3)In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work.

(4)Copying in relation to a film[F62 or broadcastF62] includes making a photograph of the whole or any substantial part of any image forming part of the film[F62 or broadcastF62] .

(5)Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

(6)Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.

Definitions used in section 17 9

copyright work

(2) In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

Defined in s.1(2) · see it in the full Act
artistic work

(1) In this Part “artistic work” means—

(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b)a work of architecture being a building or a model for a building, or

(c)a work of artistic craftsmanship.

Defined in s.4(1) · see it in the full Act

“artistic work” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 ;

Defined in Sch.4 para.38 · see it in the full Act
electronic

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
film

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5B(1) · see it in the full Act

“film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5(1) · see it in the full Act
broadcast

(1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—

(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

Defined in s.6(1) · see it in the full Act
photograph

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

Defined in s.4(2) · see it in the full Act
published edition

(1) In this Part “published edition”, in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.

Defined in s.8(1) · see it in the full Act
facsimile copy

“facsimile copy” includes a copy which is reduced or enlarged in scale;

Defined in s.178 · see it in the full Act

Cases considering section 17 66

Newspaper Licensing Agency Ltd v. Marks and Spencer Plc

[2001] UKHL 38 · 12 July 2001Interprets

The provision identifies copying as an act restricted for every description of copyright work. Its application depended upon the specialised meaning of copying for a typographical arrangement (see paras [7]; [20]). The broad concept of reproducing literary, dramatic, musical or artistic works was contrasted with the narrower facsimile requirement governing typographical arrangements (see para [20]). Copying a typographical arrangement requires a facsimile copy. Infringement therefore depends on whether the facsimile reproduces enough of the edition’s protected presentation and layout to constitute a substantial part (see paras [20]; [25]-[27]).

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors

[2011] EWCA Civ 890 · 27 July 2011Interprets

Applies the statutory concept of copying to electronic reproductions made while accessing online news (see paras [13]; [30]-[35]). Applies copying as a restricted act to the relevant copyright works (see paras [13]; [23]-[29]). Applies copying in literary works to reproducing the work in material form, including electronic storage (see paras [13]; [30]-[35]). Cited only. Confirms that transient or incidental copies may still be copying; the court separately held that the temporary-copy exception did not apply (see paras [13]; [30]-[35]).

Gilham v R

[2009] EWCA Crim 2293 · 9 November 2009

The court applied the provision so that a screen image generated during play remained a copy even though it existed only briefly. Its transient nature did not prevent copyright infringement (see paras [25]-[27]).

46 more judgments, and what each says about section 17, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F62Words in s. 17(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(1), 5(5), Sch. 1 para. 3(1)(a) (with regs. 31-40)