Copyright: Exceptions Overview

Exception	Work	Section	Scope
Making of temporary copies	Literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film	s.28A inserted by reg 8 of The Copyright and Related Rights Regulations 2003 ("the 2003 regulations")	Making a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable (a) a transmission of the work in a network between third parties by an intermediary; or (b) a lawful use of the work; and which has no independent economic significance
Research for a non-commercial purpose and private study	Literary, dramatic, musical or artistic work Typographical arrangement	S.29 (1) as amended by reg. 7 of the Copyright (Computer Programs) Regulations 1992 and reg. 8 of the Copyright (Computer Programs) Regulations 1992 and reg 9 of the 2003 regulations	Fair dealing for the purposes of research for a non-commercial purpose that it is accompanied by a sufficient acknowledgement. Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study
Criticism and review	Any	S.30 (1) as amended by reg 10 of the 2003 regulations	Fair dealing with the work for the purposes of criticism and review of the work or another work provided that the reproduction is accompanied by a sufficient acknowledgement.
Performance	Any	S.30 (1) as amended by reg 10 of the 2003 regulations	Fair dealing with the work for the purposes of a performance of the work provided that the reproduction is accompanied by a sufficient acknowledgement.
Reporting current Events	Any work other than a Photograph	S.30 (2) as amended by reg 10 of the 2003 regulations	Fair dealing with the work for the purposes of reporting current events provided that the reproduction is accompanied by a sufficient acknowledgement unless the reporting is by means of sound recording, film or broadcast.
Incidental Inclusion of copyright material	Any	S.31 (1)	Incidental inclusion in an artistic work, broadcast, cable programme, film or sound recording
Incidental Inclusion of copyright material	Works in which copyright material is included	S.31 (2)	Issuing copies of such works to the public, playing or showing such copies, broadcasting them or including them in a cable programme service.
Visual impairment: making a single accessible copy for personal use	Literary, dramatic, musical or artistic work; or published edition	S.31A inserted by s.1 of the Copyright (Visually Impaired Persons) Act 2002	Making an accessible copy of a master copy to be made for the personal use of a visually impaired person unless he master copy is (a) a musical work, and the making of an accessible copy would involve recording a performance of the work or part of it; or (b) it is a database and the making of an accessible copy would infringe copyright in the database. The exception does not apply if, or to the extent that, copies of the copyright work are commercially available, by or with the authority of the copyright owner, in a form that is accessible to the visually impaired person.
Multiple copies for visually impaired persons	Commercially published literary, dramatic, musical or artistic work; or a commercially published edition,	s.31B inserted by s.2 of the same.	Making, or supplying, accessible copies for the personal use of visually impaired persons to whom the master copy is not accessible because of their impairment by an educational establishment or a body that is not conducted for profit. The above restrictions on musical works and databases also apply.
Intermediate copies and records		s.31C inserted by s.3 of the same.	Holding an intermediate copy of the master copy which is necessarily created during the production of the accessible copies.
Instruction or examination	Artistic dramatic literary or musical works	S.32 (1) as amended by reg 11(1) of the 2003 regulations	Copying by an instructor or pupil otherwise than by means of a reprographic process in the course of instruction or preparation for instruction provided that it is accompanied by a sufficient acknowledgement and the instruction is for a non-commercial purpose
	Broadcast, film or sound recording.	S.32 (2) as amended by reg 11(1) of the 2003 regulations	Making a film or film sound track in the course of instruction or preparation for instruction in the making of films or sound tracks by an instructor or pupil that is accompanied by a sufficient acknowledgement provided that the instruction is for a non-commercial purpose.
	Literary, dramatic, musical or artistic work	S.32 (2A) inserted by reg 11 (1) of the 2003 regulations	Copying of a work which has been made available to the public in the course of instruction or of preparation for instruction, provided the copying is fair dealing with the work, is done by a person giving or receiving instruction, is not done by means of a reprographic process and is accompanied by a sufficient acknowledgement.
	Any	S.32 (3) and (4) as amended by reg 11(1) of the 2003 regulations	Setting, communicating and answering examination questions provided that reprography is not used. provided that the questions are accompanied by a sufficient acknowledgement.
Anthologies for Educational Use	Published dramatic and literary works	S.33 (1), (2)	Inclusion of a short passage from a published dramatic or literary work provided that: (a) the anthology is intended for use in educational establishments and is so described in the title and in any advertisements issued by or on behalf of the publisher; and (b) it consists mainly of material in which no copyright subsists; (c) no more than 2 excerpts are included from copyright works by the same author and published by the same publisher in any period publisher over any period of 5 years,
Performing, playing or showing a work in an educational establishment	Dramatic literary and musical works	S.34 (1) and (3)	Performance of a dramatic literary or musical work by a teacher or pupil of an educational establishment or by anyone at the establishment for the purposes of instruction before an audience of teachers, pupils and others directly connected with the activities of the establishment is not a public performance for the purpose of s.19 CDPA. NB A parent of a pupil is not necessarily directly connected with the activities of the educational establishment.
	Broadcast, film or Sound Recording.	S.34 (2) and (3)	Playing or showing a sound recording, film or broadcast before such an audience.
Recording broadcasts by educational establishments	Broadcasts	S.35 (1) as amended by reg 11(1) of the 2003 regulations	Recording a broadcast by or on behalf of an educational establishment for the purposes of the establishment where there is no certified licensing scheme so long as it is not sold, let for hire or offered or exposed for sale or hire, it is accompanied by a sufficient acknowledgement of the broadcast and the educational purposes are non-commercial. Copyright is not infringed where a recording of a broadcast or a copy of such a recording is communicated to the public by a person situated within the premises of an educational establishment provided that the communication cannot be received by any person outside the premises. The Secretary of State has made The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) Order 1990 (SI 1990 No. 879), The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1996 (SI 1996 No. 191) and The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 (SI 1993 No 2755) pursuant to that section.
Reprographic copying by educational establishments of passages from published works	Published dramatic literary and musical works	S.36 as amended by reg 13 of the 2003 regulations	Educational establishments may make reprographic copies of published dramatic, literary and musical works provided that: (a) not more than 1% of any work may be copied by or on behalf of each establishment in any quarter; (b) there is no licences or to the extent that there are no licences available authorizing the copying; (c) they are accompanied by a sufficient acknowledgement and the instruction is for a non-commercial purpose";
Lending of copies by educational establishments	Any work to which rental right applies	S.36A inserted by reg. 11 (1) of the Copyright and Related Rights Regulations 1996 (SI 1996 No 2967)	Lending of copies of a work by an educational establishment
Libraries and archives	Articles in periodicals	S.38 and s.40 as amended by reg 14 (1) of the 2003 regulations	Making and supplying a copy of an article in a periodical provided that: (a) copies are supplied only to persons satisfying the librarian that they require them for the purposes of - (i) research for a non-commercial purpose, or (ii) private study, and will not use them for any other purpose; (b) no person is furnished with more than one copy of the same article or with copies of more than one article in the same issue of the periodical; (c) persons to whom copies are supplied are required to pay not less than the cost (including a contribution to the general expenses of the library) attributable to their production; and (d) regulations made under s.40 (currently The Copyright (Copying by Librarians and Archivists) Regulations 1989 (SI 1989 No. 1009)) are complied with.
	Parts of published editions	S.39 and s.40 as amended by reg 14 (1) of the 2003 regulations	Making and supplying from a published edition a copy of part of a dramatic, literary and musical work (other than an article in a periodical) provided that: (a) copies are supplied only to persons satisfying the librarian that they require them for the purposes of - (i) research for a non-commercial purpose, or (ii) private study, and will not use them for any other purpose; (b) no person is furnished with more than one copy of the same material or with a copy of more than a reasonable proportion of the work; (c) persons to whom copies are supplied are required to pay not less than the cost (including a contribution to the general expenses of the library) attributable to their production; and (d) regulations made under s.40 CDPA are complied with.
	Books within the public lending right scheme	S.40A inserted by reg. 11 (2) of the Copyright and Related Rights Regulations 1996	Lending a book within the public lending scheme by a public library or a prescribed library or archive that is not conducted for profit
	Articles in Periodicals and the whole or parts of published editions of dramatic, literary and musical works	S41	Making and supplying copies of articles or the whole or parts of published editions to other prescribed libraries where the name and address of a person entitled to authorize such copying was unknown and could not have been found by the librarian by reasonable enquire provided that the prescribed conditions are met.
	Copies of works in the permanent collection of a prescribed library or archive	S.42	Copying any item in the permanent collection in order to preserve or replace the item by placing that copy in addition to or in replacement of the item or in order to replace a lost, damaged or destroyed item provided that the prescribed conditions are met.
	Unpublished documents in a prescribed library or archive	S.43 as amended by reg 14 (2) of the 2003 regulations	Making and supplying a copy of the whole or part of any unpublished dramatic, literary and musical work in the library unless to the knowledge of the librarian the work was published before the document was deposited in the library or archive or the copyright owner prohibited copying of the work provided that: a) copies are supplied only to persons satisfying the librarian or archivist that they require them for the purposes of - (i) research for a non-commercial purpose, or (ii) private study, and will not use them for any other purpose; (b) no person is furnished with more than one copy of the same material ; and (c) persons to whom copies are supplied are required to pay not less than the cost (including a contribution to the general expenses of the library) attributable to their production.
	Articles of cultural or historical importance	S.44	Making a copy and depositing with the appropriate library or archive to comply with an export condition.
Parliamentary and judicial proceedings	Any	S.45	Anything done for the purposes of parliamentary or judicial proceedings or reporting such proceedings but this exception does not extend to copying published reports of such proceedings.
Royal Commissions and statutory inquiries	Any	S.46	Anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry, reporting such proceedings (but not copying published reports of such proceedings) and issuing copies of the Royal Commission or Inquiry.
Material open to public inspection	Material open to public inspection pursuant to a statutory requirement or on a public register	S.47	Subject to any order of the Secretary of State: (1) copying so much of the material as contains factual information of any description by or with the authority of the appropriate person provided no copies of the material are issued to the public; (2) issuing copies of such material for the purpose of enabling the material to be inspected at a more convenient time and place; and (3) copying material of general scientific, technical, commercial or economic interest and issuing copies of such material to the public.
Material communicated to the Crown in the course of public business	Documents or other material belonging to, or held by, the Crown that record artistic dramatic literary or musical works communicated to the Crown with the copyright owner's licence	S.48	Subject to any agreement to the contrary between the copyright owner and the Crown, the Crown may copy the work for any purpose that could reasonably have been anticipated by the copyright owner and issue copies of the work to the public unless the work had previously been published.
Public records	Public records under the Public Records Act 1958 and corresponding Scottish and Northern Irish Legislation	S.49	Records open to public inspection may be copied and copies supplied by or with the person appointed under the relevant statute
Acts done under statutory authority	Any	S.50	Anything done pursuant to an Act of Parliament
Back-up copies	Licensed copies of computer programs	S.50A inserted by reg. 8 of the Copyright (Computer Programs) Regulations 1992	Making a back-up copy for lawful use
Decompilation	Licensed copies of computer programs expressed in low level languages	S.50B inserted by reg. 8 of the Copyright (Computer Programs) Regulations 1992	Converting such copies into higher level languages with incidental copying where it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the decompiled program or another program and the information obtained is used for no other purpose. These conditions are not met: (a) if the necessary information is readily available; (b) decomplation goes beyond what is necessary to achieve the above objective; (c) the information obtained is passed on to some other extraneous person; or (d) the information is used to make a substantially similar work to the decompiled program.
Observing, studying and testing computer programs	Licensed copies of computer programs	S.50BA inserted by reg 15 (1) of the 2003 regulations	Observing, studying or testing the functioning of the program in order to determine the ideas and principles which underlie any element of the program while performing any permitted act of loading, displaying, running, transmitting or storing the program. It is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict such act,
Other Acts permitted to Lawful Users	Licensed copies of computer programs	S.50C inserted by reg. 8 of the Copyright (Computer Programs) Regulations 1992	Copying or adaptation necessary for lawful use that is not prohibited by the licence agreement
Databases	Databases	S.50C inserted by reg. 9 of the Copyright and Rights in Databases Regulations 1997	Licensed users may do any anything necessary for the purposes of access to, and use of, the contents.
Design documents and models	Design documents or models embodying a design for anything other than an artistic work or typeface	S.51	Making an article to the design, copying an article made to the design, issuing to the public, or including in a film or broadcast any such article.
Designs derived from artistic works	Artistic works that have been exploited by or with the licence of the copyright owner for 25 Years by making articles to the design contained in the artistic work by an Industrial process or marketing such articles	S.52	Making articles to the design or doing anything for the purpose of making such articles
Things done in reliance on registration of a design	Artistic works	S.53 as amended by para. 15 (6) of Sched. 1 of the Registered Designs Regulations 2001	Anything done in pursuance of an assignment or licence under the Registered Designs Act 1949 as amended or in good faith in reliance on the registration and without notice of any proceedings for the invalidity of the registration or for rectifying the relevant entry in the register of designs.
Typefaces	Artistic works consisting of designs of typefaces	S.54	Use of the t ypeface in he ordinary course of typing, composing text, typesetting or printing, possessing articles for such use or doing anything in relation to material produced by such use unless such production infringes copyright in which case the provisions relating to secondary infringement and the civil and criminal remedies for such infringement apply.
Typefaces	Artistic works consisting of designs of typefaces	S.55	After 25 years from the end of the calendar year in which articles specifically designed or adapted for producing material in the typeface are first marketed, an artistic work consisting of the design of a typeface may be copied by making further such articles, doing anything for the purpose of making such articles, or doing anything in relation to articles so made.
Transfers of copies of works in electronic form	Purchased copies of works in electronic form	S.56	Absent anything to the contrary in the original licence agreement, the transferee of such a work may do anything that the purchaser could lawfully do.
Anonymous or pseudonymous works where the expiry of copyright or death of the author may be assumed	Artistic dramatic literary and musical works	S.57 as amended by reg. 5 (2) of The Duration of Copyright and Rights in Performances Regulations 1995	Anything done when, or in pursuance of arrangements made at a time, when it was not possible by reasonable inquiry to ascertain the identity of the author and that it was reasonable to assume that copyright had expired or that the author had died 70 years or more before the beginning of the calendar year in which the act was done or the arrangements were made. This exception does not apply to works in which Crown Copyright subsists or to works in which copyright was originally vested in an international organization for longer than 70 years.
Use of notes or recordings of spoken words in certain cases	Records of spoken words made for the purpose of reporting current events or broadcasting the whole or part of the work	S.58	Using the record or material taken from it, or copying the record, or any such material, and using the copy for the purpose of the recording, provided that: (a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast; (b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright; (c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and (d) the use is by or with the authority of a person who is lawfully in possession of the record.
Public reading or recitation	Published dramatic or literary work	S.59 (1)	Reading or public recitation by one person of a reasonable extract from a published literary or dramatic if accompanied by a sufficient acknowledgement
Public reading or recitation	Published dramatic or literary work	S.59 (2)	Making a sound recording or broadcasting such a reading or public recitation provided that the recording or broadcast consists mainly of other types of material.
Abstracts of scientific or technical articles	Abstracts of articles on scientific or technical subjects published in periodicals	S.60 (1)	Copying the abstract and issuing copies to the public absent a certified licensing scheme.
Recordings of folksongs	Words and music of folksongs	S.61 (1) as amended by reg 16 of the 2003 regulations	Making a sound recording of a performance of the song provided that: (a) the words are unpublished and of unknown authorship at the time the recording is made, (b) the making of the recording does not infringe any other copyright, and (c) its making is not prohibited by any performer.
Recordings of folksongs	Copies of such sound recordings included in an archive maintained by a designated body	S.61 (2) as amended by reg 16 of the 2003 regulations	Making and supplying copies of such sound recordings by the archivist provided that: (a) that copies are only supplied to persons satisfying the archivist that they require them for the purposes of - (i) research for a non-commercial purpose, or (ii) private study, and will not use them for any other purpose, and (b) that no person is furnished with more than one copy of the same recording
Representation of certain artistic works on public display	Buildings, sculptures, models for buildings and works of artistic craftsmanship	S.62 (2) (3)	Making a graphic work representing such a work, making a photograph or film of it, broadcasting or including in a cable programme service a visual image of the work or by issuing to the public, broadcasting anything whose making falls within this exemption.
Advertisement of sale of artistic work	Artistic works	S.63 as amended by reg 17 of the 2003 regulations	Copying the work or issuing copies of the work to the public, for the purpose of advertising the sale of the work but not any subsequent sale, letting for hire, offer or exposure for sale or hire, exhibition in public, distribution of such copies.
Making subsequent works by the same artist	Artistic works	S.64	Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by copying the work in making another artistic work, provided he does not repeat or imitate the main design of the earlier work
Reconstruction of buildings	Buildings and drawings or plans for such buildings	S.65	Anything done for the purposes of reconstructing a building
Lending to the public of copies of certain works	Artistic dramatic literary musical works, films and sound recordings.	S.66 as substituted by reg. 11 (3) of The Copyright and Related Rights Regulations 1996	Lending to the public of copies of literary, dramatic, musical or artistic works, sound recordings or films as the Secretary of State may order subject only to the payment of such reasonable royalty or other payment as may be agreed or determined by the Copyright Tribunal. The exception does not apply where there is a certified licensing scheme.
Films: acts permitted on assumptions as to expiry of copyright	Films	S.66A inserted by reg. 6 (2) The Duration of Copyright and Rights in Performances Regulations 1995	Acts done when it was not possible by reasonable inquiry to ascertain the identity of principal director, author of the screenplay, author of the dialogue, or composer of any music specially created for and used in the film, and it is reasonable to assume that copyright has expired, or that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made. This exception is consequential on the extension of the term of copyright in films (see duration). Does not apply to films in which Crown copyright subsists or to those in which the copyright belongs to an international organization and an order has extended the term beyond 70 years.
Playing of sound recordings for purposes of a club, society etc.	Sound Recordings.	S.67 as amended by reg 18 (1) of the 2003 regulations	Playing a sound recording as part of the activities of, or for the benefit of, a club, society or other organization on the following conditions: (a) the organization is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and (b) that the sound recording is played by a person who is acting primarily and directly for the benefit of the organisation and who is not acting with a view to gain, (c) that the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the organisation, and (d) that the proceeds from any goods or services sold by, or on behalf of, the organisation - (i) in the place where the sound recording is heard, and (ii) on the occasion when the sound recording is played, are applied solely for the purposes of the organisation.
Incidental recording for purposes of broadcast	Artistic, dramatic literary, and musical works, an adaptation of such a work, films and sound recordings.	S.68	Persons authorized by licence or an assignment of copyright to b roadcast or include any of those works in a c able programme service is treated as being licensed to make a sound recording or film of such d ramatic l iterary m usical works or adaptation, take a photograph or make a film of such artistic work or copy a sound recording or film provided that such recording, film, photograph or copy shall not be used for any other purpose and is destroyed within 28 days of transmission.
Recording for purposes of supervision and control of broadcasts and cable programmes	B roadcasts	S.69 (1) and (2) and (3) as inserted by s.148 and para. 31 of the Broadcasting Act 1996.	Making or use of recordings broadcast by the BBC for the purpose of maintaining supervision and control and various other specified acts.
Recording for purposes of time shifting	Broadcasts and other Works included within them	S.70 as amended by reg 19(1) of the 2003 regulations	Making for private and domestic use a recording of a broadcast in domestic premises solely for the purpose of viewing or listening to at a more convenient time. A copy made in accordance with this provision that is subsequently sold or let for hire, offered or exposed for sale or hire or communicated to the public is to be treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright for all subsequent purposes.
Photographs of broadcasts	Broadcasts and films included in such broadcasts	S.71as amended by reg 20 of the 2003 regulations	Making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph.
Free Public showing or playing of a broadcast	Broadcasts and films and sound recordings included within them	S.72 s amended by reg 21 of the 2003 regulations	Showing or playing in public a broadcast to an audience who have not paid for admission to the place where the broadcast is to be seen or heard. The audience is treated as having paid for admission to a place if they have paid for admission to a place of which that place forms part, or if goods or services are supplied at that place (or a place of which it forms part)— (i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme, or (ii) at prices exceeding those usually charged there and which are partly attributable to those facilities but not if the audience consists of persons admitted as residents or inmates of the place; are persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.
Reception and re-transmission of wireless broadcast by cable	Broadcasts and works included in those broadcasts	S.73 and s.73A as amended by s.138 and Schedule 9 para. 1 of the Broadcasting Act 1996 and reg 22 of the 2003 regulations	Inclusion of independent television and other broadcasts (and any work contained in those broadcasts) made from within the United Kingdom for reception and immediate re-transmission in a c able programme service to a specified area in pursuance of a requirement imposed by the Broadcasting Act 1996 or to any other area upon payment of a royalty to be fixed by the Copyright Tribunal if not agreed.
Provision of sub-titled copies of broadcasts	Broadcasts	S.74 (1) and (2) as amended by reg 23 of the 2003 regulations	Not for profit bodies designated by the Secretary of State may make copies of television broadcasts or cable programmes and issue such copies to people who are deaf or hard of hearing, or physically or mentally handicapped in other ways with sub-titles or other modifications for their special needs. he exception does not apply where there is a certified licensing scheme..
Recording for archival purposes	Broadcasts	S.75	Recording broadcast or cable programme of a designated class, or a copy of such a recording, for the purpose of being placed in an archive maintained by a designated body.
Adaptations	Adaptations of artistic, dramatic literary and musical works	S.76	Anything which may be done without infringing copyright in a literary, dramatic or musical work

							EC Copyright and Related Rights in the Information Society Directive UK Copyright Designs and Patents Act 1988 (as amended) The Copyright and Related Rights Regulations 2003 Cases Incidental Inclusion Football Association Premier League Ltd. and others v Panini UK Ltd. [2003] EWCA Civ 995 (11 July 2003)