Copyright: Rights in Performances (Research Education Libraries and Archives) Regulations 2014 – creation of useful exceptions to copyright infringement for researchers, teachers and those engaging in (non-commercial) scientific research

Please note in the attached statutory instrument, which came into force on 1 June 2014, the introduction of the new s29A (copies for text and data analysis for non-commercial research) of the Copyright Designs and Patents Act 1988, which makes provision for the copying of material in order to carry out a ‘computational analysis’ of all the materials contained within the copyright work for the purposes of ‘non-commercial research’.

This provision covers all types of copyright work for the purposes of section 1 of the 1988 Act, including literary dramatic, musical or artistic, and for the purposes of section 29(4). This is part of the Government’s policy to permit copying of copyright material for educational and research purposes, and to be used in line with modern and innovative teaching methods.

New sections 32, 35 and 36 of the 1988 Act are substituted; the new section 32 is a fair dealing permission with a copyright work for the sole purpose of illustration for instruction (including acts done in the ‘setting and answering of examination questions’ – section 32(2). Again, the dealing must be for a ‘non-commercial purpose’ and be by a person giving and receiving the instruction.

The new section 35 permits educational establishments to make copies of recordings of broadcasts which have been made for non-commercial educational purposes of the establishment and communicate them to staff and pupils. There is an added proviso for communication off premises, that the communication is by means of a secure electronic network accessible only to staff and pupils.

There are other changes including copying and the amount of a work that may be copied in any 12 month period; and the reader is referred to the attached Statutory instrument for the main amendments to the 1988 Act. The references to required licences from copyright owners, including commercial licences, where they could be validly put in place, would be reviewed and negotiated by Universities and the Contracts Officer in the usual way. Any advice required in relation to the same should be sought in each case.

The Statutory Instrument: Copyright Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 No. 1372:

Click to access uksi_20141372_en.pdf

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