Copyright, Designs and Patents Act 1988, section 30

Criticism, review , quotation and news reporting

Part I Copyright

(1)Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement[F106 (unless this would be impossible for reasons of practicality or otherwise)F106][F107 and provided that the work has been made available to the publicF107] .

[F108 (1ZA)Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—

(a)the work has been made available to the public,

(b)the use of the quotation is fair dealing with the work,

(c)the extent of the quotation is no more than is required by the specific purpose for which it is used, and

(d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).F108]

[F109 (1A)For the purposes of [F110 subsections (1) and (1ZA)F110] a work has been made available to the public if it has been made available by any means, including—

(a)the issue of copies to the public;

(b)making the work available by means of an electronic retrieval system;

(c)the rental or lending of copies of the work to the public;

(d)the performance, exhibition, playing or showing of the work in public;

(e)the communication to the public of the work,

but in determining generally for the purposes of [F111 those subsectionsF111] whether a work has been made available to the public no account shall be taken of any unauthorised act.F109]

(2)Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

(3)No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film[F112 or broadcast where this would be impossible for reasons of practicality or otherwiseF112] .

[F113 (4)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.F113]

Definitions used in section 30 12

performance

(2) In this Part “performance”, in relation to a work—

(a)includes delivery in the case of lectures, addresses, speeches and sermons, and

(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film or broadcast of the work.

Defined in s.19(2) · see it in the full Act
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
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
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
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
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
lending

(b) “lending” means making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.

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

“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);

Defined in s.178 · 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
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

Cases considering section 30 19

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

[2011] EWCA Civ 890 · 27 July 2011

Applies the fair-dealing framework and rejects protection for monitoring activity that neither criticises nor reviews works nor reports current events (see paras [36]-[41]). Applies the criticism-or-review limb and concludes that merely identifying and reading relevant material is not criticism or review (see paras [36]-[37]). Applies the reporting-current-events limb and concludes that targeted monitoring extracts are not made for reporting current events (see paras [38]-[39]). Cited only.

Associated Newspapers Ltd v HRH Prince of Wales

[2006] EWCA Civ 1776 · 21 December 2006Defines

The criticism-or-review defence did not apply because the journal had not been made available to the public. A single publication which lacked section 30(2) protection could not itself supply that condition. (see paras [81]-[82]) The definition of a work made available to the public did not assist the newspaper. It could not rely on the same unprotected publication to establish the condition for criticism or review. (see paras [81]-[82]) The current-events fair-dealing defence failed. The extracts were selected to report the revelation of the unpublished journal, not to report current events, and the dealing was not fair. (see paras [77]-[80])

Ashdown v Telegraph Group Ltd

[2001] EWCA Civ 1142 · 18 July 2001Interprets

The defence requires copying for the purpose of criticism or review of the work or another work. It did not apply because the articles criticised political conduct rather than the minute as a copyright work (see section “Section 30(1)”). “Reporting current events” must be interpreted liberally and may encompass an older event of continuing public interest. Fair dealing remained unavailable because commercial competition, confidentiality, the quantity and importance copied, and the absence of necessity for extensive quotation all favoured the owner (see sections “Current Events”; “Fair Dealing”; “Human Rights Impact”).

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

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F105Word in s. 30 heading inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(2)
  2. F106Words in s. 30(1) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(3)
  3. F107Words in s. 30(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(a) (with regs. 31-40)
  4. F108S. 30(1ZA) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(4)
  5. F109S. 30(1A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(b) (with regs. 31-40)
  6. F110Words in s. 30(1A) substituted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(5)(a)
  7. F111Words in s. 30(1A) substituted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(5)(b)
  8. F112Words in s. 30(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 10(1)(c) (with regs. 31-40)
  9. F113S. 30(4) inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 3(6)