Permitted Acts and Copyright Exceptions
Neither copyright (except in a computer program or a database) nor performer's rights are infringed by the simple act of transmitting the work between third parties over a network, even if the process of transmission involves making temporary copies (reg. 8)
The existing fair dealing for the purposes of research or private study (s. 29 of the 1988 Act) was limited so that it is only permitted for a non-commercial purpose (reg. 9). A similar restriction was imposed on permitted copying by librarians (ss. 38, 39, 43 of the 1988 Act; reg. 14) or archivists of folksongs (s. 61 of the 1988 Act; reg. 16) for third parties. The observation or study of the functioning of a computer program was removed from the remit of fair dealing (reg. 9) and replaced by a statutory permission to study the functioning of the program while legally performing any of the acts of loading, displaying, running, transmitting or storing the program (reg. 15; new s. 50BA of the 1988 Act). It was clarified that fair dealing for the purposes of criticism, review or news reporting is only allowed for published works (reg. 10).
The permitted use without a licence of copyright material for educational use (ss. 32, 35, 36 of the 1988 Act) was restricted to non-commercial purposes (regs. 11–13). Regulation 18 removes the permission to use third parties (e.g. outside DJs) to play sound recordings for the purposes of a non-commercial club or society (s. 67 of the 1988 Act). The exception for public showing or playing of broadcasts of music (s. 72 of the 1988 Act) was also permitted, and the Secretary of State was enabled to propose a licensing scheme covering such public showing or playing, which may be compulsory (reg. 21).
Read more about this topic: Copyright And Related Rights Regulations 2003
Famous quotes containing the words permitted, acts and/or exceptions:
“Just as the creative artist is not allowed to choose, neither is he permitted to turn his back on anything: a single refusal, and he is cast out of the state of grace and becomes sinful all the way through.”
—Rainer Maria Rilke (1875–1926)
“To the man who cherishes a secret in his breast, there is a still greater secret unexplored. Our most indifferent acts may be a matter for secrecy, but whatever we do with the utmost truthfulness and integrity, by virtue of its pureness, must be transparent as light.”
—Henry David Thoreau (1817–1862)
“For true poetry, complete poetry, consists in the harmony of contraries. Hence, it is time to say aloud—and it is here above all that exceptions prove the rule—that everything that exists in nature exists in art.”
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