Copyright, Designs and Patents Act 1988, section 171

Rights and privileges under other enactments or the common law

Part I Copyright

(1)Nothing in this Part affects—

(a)any right or privilege of any person under any enactment (except where the enactment is expressly repealed, amended or modified by this Act);

(b)any right or privilege of the Crown subsisting otherwise than under an enactment;

(c)any right or privilege of either House of Parliament;

(d)the right of the Crown or any person deriving title from the Crown to sell, use or otherwise deal with articles forfeited under the laws relating to customs and excise;

(e)the operation of any rule of equity relating to breaches of trust or confidence.

(2)Subject to those savings, no copyright or right in the nature of copyright shall subsist otherwise than by virtue of this Part or some other enactment in that behalf.

(3)Nothing in this Part affects any rule of law preventing or restricting the enforcement of copyright, on grounds of public interest or otherwise.

(4)Nothing in this Part affects any right of action or other remedy, whether civil or criminal, available otherwise than under this Part in respect of acts infringing any of the rights conferred by Chapter IV (moral rights).

(5)The savings in subsection (1) have effect subject to section 164(4) and section 166(7) (copyright in Acts, Measures and Bills: exclusion of other rights in the nature of copyright).

Definitions used in section 171 2

the Crown

“the Crown” includes the Crown in right of the Scottish Administration , of the Welsh Assembly Government or of Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;

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

“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;

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

“article”, in the context of an article in a periodical, includes an item of any description;

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

Cases considering section 171 12

HRH The Duchess of Sussex v Associated Newspapers Limited

[2021] EWCA Civ 1810 · 2 December 2021

Section 171(3) preserved the common-law public-interest defence. The court held that the case did not justify overriding the claimant’s copyright in the interest of freedom of expression. (see paras [62]-[63]; [96]-[98])

Ashdown v Telegraph Group Ltd

[2001] EWCA Civ 1142 · 18 July 2001Interprets

The provision preserves a public-interest defence capable, in rare cases, of allowing freedom of expression to override copyright. The defence is not confined to enforcement involving illegality, immorality or turpitude and cannot be exhaustively categorised (see section “Public interest”).

HRH The Duchess of Sussex v Associated Newspapers Ltd

[2021] EWHC 273 (Ch) · 11 February 2021Interprets

The subsection preserves rather than creates the common-law public-interest defence. The case did not fall within the rare category where public interest or freedom of expression overrides copyright (see paras [157]–[158]).

1 more judgment, and what each says about section 171, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C84Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)