Copyright, Designs and Patents Act 1988, section 29

Research and private study

Part I Copyright

[F94 (1)Fair dealing with a F95... work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.F94]

[F96 (1B)No acknowledgement is required in connection with fair dealing for the purposes mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.

(1C)Fair dealing with a F97... work for the purposes of private study does not infringe any copyright in the work.F96]

F98(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Copying by a person other than the researcher or student himself is not fair dealing if—

[F99 (a)in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under section 42A (copying by librarians: single copies of published works), orF99]

(b)in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.

F100 ( 4 )It is not fair dealing—

(a)to convert a computer program expressed in a low level language into a version expressed in a higher level language, or

(b)incidentally in the course of so converting the program, to copy it,

(these acts being permitted if done in accordance with section 50B (decompilation)).

[F101 (4A)It is not fair dealing to observe, study or test the functioning of a computer program in order to determine the ideas and principles which underlie any element of the program (these acts being permitted if done in accordance with section 50BA (observing, studying and testing)).F101]

[F102 (4B)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.F102]

(5)F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 29 5

sufficient acknowledgement

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in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

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

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

Defined in s.178 · 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
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
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

Cases considering section 29 5

Controller of HM Stationery Office & Anor v Green AMPS Ltd

[2008] EWCA Civ 588 · 8 May 2008

The court assumed that the non-commercial character of the research was arguable, but held that the dealing itself was plainly unfair. The entire dataset had been downloaded for intended use without a licence, so section 29(1) supplied no arguable defence (see paras [8]-[13]).

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor

[2011] EWHC 2892 (Ch) · 9 November 2011Interprets

The court construed fair dealing for research narrowly and held that forensic use to extract evidence for criminal investigations was not scientific research; the defence therefore failed (see paras [108]-[115]).

Controller of HM Stationery Office & Anor v Green Amps Ltd

[2007] EWHC 2755 (Ch) · 5 November 2007Interprets

The court held that the research exception requires both research and a non-commercial purpose. Commercial research connected with a company’s intended commercial operations did not qualify. (see paras [19]-[23]) The court held that the research exception requires both research and a non-commercial purpose. Commercial research connected with a company’s intended commercial operations did not qualify. (see paras [19]-[23])

1 more judgment, and what each says about section 29, are in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F94S. 29(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(a), (with regs 31-40)
  2. F95Words in s. 29(1) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(a)
  3. F96S. 29(1B)(1C) substituted (31.10.2003) for s. 29(1A) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(b) (with regs. 31-40)
  4. F97Words in s. 29(1C) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(b)
  5. F98S. 29(2) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(c)
  6. F99S. 29(3)(a) substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(d)
  7. F100S. 29(4) inserted (1.1.1993) by S.I. 1992/3233, reg. 7
  8. F101S. 29(4A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 9(d) (with regs. 31-40)
  9. F102S. 29(4B) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(1)(e)
  10. F103S. 29(5) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 9(e), Sch. 2 (with regs. 31-40)