Copyright, Designs and Patents Act 1988, section 20

Infringement by communication to the public

Part I Copyright

(1)The communication to the public of the work is an act restricted by the copyright in—

(a)a literary, dramatic, musical or artistic work,

(b)a sound recording or film, or

(c)a broadcast.

(2)References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include—

(a)the broadcasting of the work;

(b)the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.F73]

Definitions used in section 20 6

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
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
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
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

Cases considering section 20 50

Yours Naturally Naturally Yours Limited v Kate McIver Skin Limited & Anor

[2023] EWCA Civ 1493 · 19 December 2023

The court held that, if framed as communication to the public, continued public availability of the online posts after the implied licence ended would clearly constitute continuing infringement. The conclusion supported dismissal of the appeal given the defendants’ admissions and pleaded position. (see para [73])

THJ Systems Limited & Anor v Daniel Sheridan & Anor

[2023] EWCA Civ 1354 · 20 November 2023

The Court held that whether the displays constituted communication to the public in the United Kingdom was not an issue open for determination. The defence had not been pleaded and infringement had been conditionally admitted (see paras [67]-[77]).

Tunein Inc v Warner Music UK Ltd & Anor

[2021] EWCA Civ 441 · 26 March 2021Interprets

The provision was construed consistently with the retained CJEU jurisprudence on communication to the public. It covers sound recordings and requires a communication targeted at the UK. TuneIn's materially interventionist platform communicated categories 2 and 3 streams to a new UK public, but the Pro app's recording function did not create a different technical means. (see paras [56]-[58]; [137]-[163])

30 more judgments, and what each says about section 20, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F73S. 20 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 6(1) (with regs. 31-40)