Copyright, Designs and Patents Act 1988, section 5B

Films

Part I Copyright

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

(2)The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.

(3)Without prejudice to the generality of subsection (2), where that subsection applies—

(a)references in this Part to showing a film include playing the film sound track to accompany the film,

[F10 (b)references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film,

(c)references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film, and

(d)references in this Part to the issuing, rental or lending of copies of a work, so far as they apply to a sound recording, do not include the issuing, rental or lending of copies of the sound track to accompany the film.F10]

(4)Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.

(5)Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.F9]

Definitions used in section 5B 6

film

“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
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
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
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

Cases considering section 5B 5

Norowzian v Arks Ltd & Anor (No. 2)

[1999] EWCA Civ 3014 · 4 November 1999Defines

Used to identify a film as a physical recording on a medium from which moving images may be produced. The physical film was distinguished from the cinematographic work expressed through it.

Norowzian v Arks Ltd & Anor

[1999] EWCA Civ 3018 · 4 November 1999Defines

The statutory definition confirmed that film includes video and similar visual reproductions. The court treated film as the physical recording, distinct from any cinematographic work expressed through it.

Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor

[2018] EWHC 1541 (QB) · 19 June 2018Defines

The court identified the statutory definition of a film but dismissed the film claim because TTD did not prove ownership of the copyright.

What each judgment says about section 5B is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F9Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)
  2. F10S. 5B(3)(b)-(d) substituted (1.2.2006) for s. 5B(3)(b) and preceding word by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 2 (with reg. 8)