STATUT OR Y INSTRUMENTS 
2023  No. 1285 
RET AINED  EU LAW REFORM 
INTELLECTUAL  PROPER TY 
The Design  Right,  Artist’ s Resale  Right  and Copyright 
(Amendment)  Regulations  2023 
28th November  2023 - - - - Made 
Coming  into force 
1st April  2024 Regulations  3 and 4 
1st January  2024 Remainder 
The Secretary  of State  makes  these  Regulations  in exercise  of the powers  conferred  by sections 
14(1),  (2), (3) and (7) and 20(1)(b)  of the Retained  EU Law (Revocation  and Reform)  Act 2023 
(“the  2023  Act”) (a). 
The Secretary  of State  is a relevant  national  authority  for the purposes  of section  14(1),  (2) and 
(3) of the 2023  Act(b). 
In accordance  with paragraph  5(1) and (5) of Schedule  5 to the 2023  Act, a draft of this instrument 
has been  laid before  Parliament  and approved  by a resolution  of each House  of Parliament. 
Citation,  commencement  and extent 
1. —(1) These  Regulations  may be cited  as the Design  Right,  Artist’ s Resale  Right  and Copyright 
(Amendment)  Regulations  2023. 
(2) These  Regulations,  except  for regulations  3 and 4, come  into force  on 1st January  2024. 
(3) Regulations  3 and 4 come  into force  on 1st April  2024. 
(4) These  Regulations  extend  to England  and Wales, Scotland  and Northern  Ireland. 
Amendment  of the Design  Right  (Semiconductor  Topographies)  Regulations  1989 
2. —(1) The Design  Right  (Semiconductor  Topographies)  Regulations  1989 (c) are amended  as 
follows. 
(a) 2023  c. 28. 
(b) The term “relevant  national  authority”  is defined  in section  21(1)  of the Retained  EU Law (Revocation  and Reform)  Act 
2023. 
(c) S.I. 1989/1 100; relevant  amending  instruments  are S.I. 2006/1833,  2008/1434,  2018/1052. (2) In regulation  4(2) (modified  definition  of “qualifying  country”),  in the modified  section 
217(3)  of the Copyright,  Designs  and Patents  Act 1988 (a), for paragraph  (d) substitute— 
“(d) any other  country  that is a member  of the World Trade Organisation.”. 
(3) Omit  the Schedule  (qualifying  countries). 
Amendment  of the Artist’ s Resale  Right  Regulations  2006 
3. —(1) The Artist’ s Resale  Right  Regulations  2006 (b) are amended  as follows. 
(2) In regulation  3(4) (artist’ s resale  right:  calculation  of sale price),  omit “, and converted  into 
euro at the European  Central  Bank  reference  rate prevailing  at the contract  date”. 
(3) In regulation  12(3)(b)  (“resale”:  minimum  sale price),  for “1000  euro”  substitute  “£1,000”. 
(4) In regulation  12(4)(b)  (“resale”:  minimum  sale price  for works  recently  acquired  directly 
from  author),  for “10,000  euro”  substitute  “£10,000”. 
(5) In Schedule  1 (calculation  of resale  royalty)— 
(a) in paragraph  1, in the table— 
(i) for “0 to 50,000  euro”  substitute  “£0 to £50,000”; 
(ii) for “50,000.01  to 200,000  euro”  substitute  “£50,000.01  to £200,000”; 
(iii) for “200,000.01  to 350,000  euro”  substitute  “£200,000.01  to £350,000”; 
(iv) for “350,000.01  to 500,000  euro”  substitute  “£350,000.01  to £500,000”; 
(v) for “500,000  euro”  (in the second  place  those  words  occur)  substitute  “£500,000”; 
(b) in paragraph  2, for “12,500  euro”  substitute  “£12,500”. 
Artist’ s resale  right:  transitional  provision 
4. —(1) The amendments  made  by regulation  3 do not apply  to any sale where  the contract 
date preceded  1st April  2024. 
(2) In paragraph  (1) “sale”  and “contract  date”  have  the meanings  given  by regulation  2 of the 
Artist’ s Resale  Right  Regulations  2006. 
Amendment  of the Copyright  Tribunal  Rules  2010 
5. —(1) The Copyright  Tribunal  Rules  2010 (c) are amended  as follows. 
(2) In rule 13(2)(c)  (response  to proceedings:  address  for service),  for “European  Economic 
Area”  substitute  “United  Kingdom”. 
(3) In rule 15(4)(d)  (request  for permission  to intervene  in proceedings:  address  for service), 
for “European  Economic  Area”  substitute  “United  Kingdom”. 
Amendment  of the Collective  Management  of Copyright  (EU Directive)  Regulations  2016 
6. The Collective  Management  of Copyright  (EU Directive)  Regulations  2016 (d) are amended 
in accordance  with regulations  7 and 8. 
(a) 1988  c. 48. 
(b) S.I. 2006/346,  to which  there  are amendments  not relevant  to these  Regulations. 
(c) S.I. 2010/791. 
(d) S.I. 2016/221,  to which  there  are amendments  not relevant  to these  Regulations. 
2 Exemptions  for collective  management  organisations  qualifying  as micr o-entities 
7. —(1) In regulation  9(5) (exemption  from  certain  staff training  requirements),  for the words 
from  “business”  to the end substitute  “company  that qualifies  as a micro-entity  under  section 
384A  of the Companies  Act 2006 (a).”. 
(2) In regulation  15(6)  (exemption  from  duty to treat a user with a licence  in good  faith),  for 
the words  from  “business”  to the end substitute  “company  that qualifies  as a micro-entity  under 
section  384A  of the Companies  Act 2006.”. 
(3) In regulation  31(4)  (exemption  from  duty to make  complaints  procedures  available  to users), 
for the words  from  “business”  to the end substitute  “company  that qualifies  as a micro-entity 
under  section  384A  of the Companies  Act 2006.”. 
(4) In regulation  32(4)  (exemption  from  duty to ensure  availability  of an alternative  dispute 
resolution  procedure  for certain  disputes),  for the words  from  “business”  to the end substitute 
“company  that qualifies  as a micro-entity  under  section  384A  of the Companies  Act 2006.”. 
Audit  of annual  transpar ency  report:  exemption  for collective  management  organisations 
qualifying  as small 
8. —(1) Regulation  21 (annual  transparency  report)  is amended  as follows. 
(2) In paragraph  (2)— 
(a) for sub-paragraph  (b) (but not the “and”  after it) substitute— 
“(b) be audited  by a person  who is eligible  for appointment  as a statutory  auditor 
under  Part 42 of the Companies  Act 2006  in respect  of the accounting 
information  referred  to in paragraph  (4)(a),  (g), (h), (i), (j) and (k) included 
in the report  (but see paragraph  (6));”; 
(b) for sub-paragraph  (c) substitute— 
“(c) reproduce  in full the audit  report  including  any qualifications  to that report 
(but see paragraph  (6)).”. 
(3) After  paragraph  (5) insert— 
“(6) Paragraph  (2)(b)  and (c) do not apply  to the annual  transparency  report  for a financial 
year in relation  to which  the collective  management  organisation  was a company  that 
qualified  as small  under  section  382(1)  to (6) of the Companies  Act 2006 (b).”. 
Camr ose 
Parliamentary  Under  Secretary  of State 
Department  for Science,  Innovation  and Technology 28th November  2023 
(a) 2006  c. 46. Section  384A  was inserted  by S.I. 2013/3008,  regulation  4(1) and (4). 
(b) 2006  c. 46. Section  382 was amended  by S.I. 2013/3008,  regulation  4(1) and (2) and S.I. 2015/980,  regulation  4(1) and 
(3). 
3 EXPLANA TORY NOTE 
(This  note is not part of the Regulations) 
These  Regulations  amend  provisions  of the Design  Right  (Semiconductor  Topographies)  Regulations 
1989  (S.I. 1989/1 100),  the Artist’ s Resale  Right  Regulations  2006  (S.I. 2006/346),  the Copyright 
Tribunal  Rules  2010  (S.I. 2010/791)  and the Collective  Management  of Copyright  (EU Directive) 
Regulations  2016  (S.I. 2016/221).  The provisions  that are amended  are secondary  retained  EU 
law within  the meaning  of section  11(2) of the Retained  EU Law (Revocation  and Reform)  Act 
2023  (c. 28). 
Regulation  2 amends  the Design  Right  (Semiconductor  Topographies)  Regulations  1989  (“the 
1989  Regulations”).  The 1989  Regulations  modify  the application  of Part 3 of the Copyright, 
Designs  and Patents  Act 1988  (c. 48) (“the  1988  Act”)  to a design  which  is a semiconductor 
topography . Regulation  2 amends  the modified  section  217(3)  of the 1988  Act to include  within 
the definition  of “qualifying  country”  any country  that is a member  of the World Trade 
Organisation. 
Regulation  3 amends  the Artist’ s Resale  Right  Regulations  2006  (“the  2006  Regulations”).  The 
requirement  to calculate  the sale price  in euro is removed,  and all the thresholds  specified  in the 
2006  Regulations  in euro are replaced  with thresholds  specified  in GBP. The amendments  do not 
apply  to sales  where  the contract  date preceded  the date on which  the amendments  come  into 
force  (regulation  4). 
Regulation  5 amends  the Copyright  Tribunal  Rules  2010  to require  a response  to proceedings,  or 
a request  for permission  to intervene  in proceedings,  to state an address  for service  in the United 
Kingdom. 
Regulations  6 to 8 amend  the Collective  Management  of Copyright  (EU Directive)  Regulations 
2016.  Regulation  7 replaces  existing  exemptions  from  certain  obligations  for collective  management 
organisations  (“CMOs”)  that fall within  the European  Commission’ s definition  of a micro  enterprise 
with equivalent  exemptions  for CMOs  that are companies  that qualify  as a micro-entity  under 
section  384A  of the Companies  Act 2006  (c. 46) (“the  2006  Act”).  Regulation  8 exempts  CMOs 
that are companies  that qualify  as small  under  section  382(1)  to (6) of the 2006  Act from  the 
requirement  for CMOs  to have accounting  information  in their annual  transparency  report  audited. 
A full impact  assessment  has not been produced  for this instrument  as no, or no significant,  impact 
on the private,  voluntary  or public  sector  is foreseen. 
A copy  of this instrument  and the Explanatory  Memorandum  are available  from  the Intellectual 
Property  Office,  Concept  House,  Cardif f Road,  Newport,  South  Wales, NP10  8QQ.  The Explanatory 
Memorandum  is also available  alongside  this instrument  on the Legislation  UK website  at 
www .legislation.gov .uk. 
© Crown  Copyright  2023 
Printed  and published  in the UK by The Stationery  Office  Limited  under  the authority  and superintendence  of Jeff James, 
Controller  of His Majesty’ s Stationery  Office  and King’ s Printer  of Acts of Parliament. 
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http://www .legislation.gov .uk/id/uksi/2023/1285