Copyright, Designs and Patents Act 1988, section 178

Minor definitions

Part I Copyright

In this Part—

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

  • “business”includes a trade or profession;

  • “collective work” means—

    (a)

    a work of joint authorship, or

    (b)

    a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

  • “computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

  • “country” includes any territory;

  • “the Crown” includes the Crown in right of [F440 the Scottish Administration [F441 , of the Welsh Assembly Government F441] or of F440] Her Majesty’s Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;

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

  • “employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

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

  • “international organisation” means an organisation the members of which include one or more states;

  • “judicial proceedings”includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;

  • [F442 “national of the United Kingdom” means—

    (a)

    a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,

    (b)

    a person who under the British Nationality Act 1981 is a British subject,

    (c)

    a British protected person within the meaning of that Act, or

    (d)

    a body incorporated under the law of any part of the United Kingdom.F442]

  • “parliamentary proceedings” includes proceedings of the Northern Ireland Assembly [F443 of the Scottish Parliament F443][F444 , of the New Northern Ireland Assembly F444] or of the European Parliament [F445 and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006 F445] ;

  • [F446 “private study” does not include any study which is directly or indirectly for a commercial purpose; F446]

  • [F447 “producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken; F447]

  • [F448 “public library” means a library administered by or on behalf of—

    (a)

    in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964;

    (b)

    in Scotland, a statutory library authority within the meaning of the Public Libraries (Scotland) Act 1955;

    (c)

    in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern Ireland) Order 1986;F448]

  • F449 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F450 “rental right” means the right of a copyright owner to authorise or prohibit the rental of copies of the work (see section 18A); F450]

  • “reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process;

  • “reprographic process” means a process—

    (a)

    for making facsimile copies, or

    (b)

    involving the use of an appliance for making multiple copies,

    and includes, in relation to a work held dfnin electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

  • “sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless—

    (a)

    in the case of a published work, it is published anonymously;

    (b)

    in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

  • “sufficient disclaimer”, in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work) , means a clear and reasonably prominent indication—

    (a)

    given at the time of the act, and

    (b)

    if the author or director is then identified, appearing along with the identification,

    that the work has been subjected to treatment to which the author or director has not consented,

  • “telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

  • “typeface” includes an ornamental motif used in printing;

  • “unauthorised”, as regards anything done in relation to a work, means done otherwise than—

    (a)

    by or with the licence of the copyright owner, or

    (b)

    if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or

    (c)

    in pursuance of section 48 (copying, &c of certain material by the Crown);

  • [F451 “wireless broadcast” means a broadcast by means of wireless telegraphy; F451]

  • “wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose [F452 , but does not include the transmission of microwave energy between terrestrial fixed points F452] ;

  • “writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly

Definitions used in section 178 13

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
work of joint authorship

(1) In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

Defined in s.10(1) · see it in the full Act
author

(1) In this Part “author”, in relation to a work, means the person who creates it.

Defined in s.9(1) · see it in the full Act

“author”, in relation to a design, has the meaning given by section 2(3) and (4);

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

(3) In this Act the “author” of a design means the person who creates it.

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

27 (1) In this Act “the court” means—

(a)in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

(b)in Scotland, the Court of Session, and

(c)in Northern Ireland, the High Court.

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

“the court” shall be construed in accordance with section 27 of this Act ;

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

(1) In this Part “sound recording” means—

(a)a recording of sounds, from which the sounds may be reproduced, or

(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

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

“sound recording” means—

Defined in s.5(1) · 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
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
on behalf of

(6) References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.

Defined in s.174(6) · see it in the full Act
rental

(a) “rental” means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and

Defined in s.18A(2) · see it in the full Act
copying

(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
employer

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · 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

Cases considering section 178 18

Dr Craig Steven Wright & Ors v BTC Core (a partnership) & Ors

[2023] EWCA Civ 868 · 20 July 2023Defines

The broad definition of writing supported classification of the alleged file format as a literary work if it was a work at all (see para [62]).

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

[2011] EWCA Civ 890 · 27 July 2011Defines

Defines sufficient acknowledgement and is applied to conclude that omitting authors’ names prevented reliance on the fair-dealing defence (see paras [14]; [40]).

Controller of HM Stationery Office & Anor v Green AMPS Ltd

[2008] EWCA Civ 588 · 8 May 2008Defines

The court treated the definition of judicial proceedings as concerned with deciding matters affecting legal rights or liabilities. A planning decision about granting permission to undertake an activity did not meet that description (see paras [14]-[15]).

2 more judgments, and what each says about section 178, are in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F440Words in s. 178 inserted (6.5.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 25(7)(a); S.I. 1998/3178, art. 2(2), Sch. 3
  2. F441S. 178: words in definition of "the Crown" inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 29(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act. text inserted for certain specified purposes only, see the commentary.
  3. F442Words in s. 178 inserted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 19 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  4. F443Words in s. 178 inserted (6.5.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 25(7)(b); S.I. 1998/3178, art. 2(2), Sch. 3
  5. F444Words in s. 178 cease to have effect (2.12.1999) by virtue of 1998 c. 47, s. 99, Sch. 13 para. 8(7) (with s. 95); S.I. 1999/3209, art. 2, Sch.
  6. F445S. 178: words in definition of "parliamentary proceedings" inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 29(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act. text inserted for certain specified purposes only, see the commentary.
  7. F446S. 178: definition of "private study" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(3) (with regs. 31-40)
  8. F447Definition in s. 178 inserted (1.12.1996 with effect in relation to films made on or after 31.7.1994) by S.I. 1996/2967, regs. 18(5), 36 (with Pt. III)
  9. F448Definition in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 11(5) (with Pt. III)
  10. F449Definition in s. 178 omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 10(3) (with Pt. III)
  11. F450Definition in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 10(3) (with Pt. III)
  12. F451S. 178: definition of "wireless broadcast" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 15(3) (with regs. 31-40)
  13. F452Words in s. 178 inserted (1.12.1996) by S.I. 1996/2967, reg. 8 (with Pt. III)

Modifications

  1. C92Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)