IP/N/1/GBR/170  
IP/N/1/GBR/C/63  
 
19 March 2021  
(21-2299)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
UNITED KINGDOM : THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988  
(AMENDMENT) REGULATIONS 2010  
Notifying Member  UNITED KINGDOM  
 
Details of the notified legal text 
 
Title The Copyright, Designs and Patents Act 1988 (Amendment) 
Regulations  2010 
Subject matter  Copyright and related rights  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2021/IP/GBR/21_1485_00_e.pdf  
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/GBR/C/1  
Brief description of the notified legal text  
 
Provide a right to ensure that a single equitable remuneration is paid by the user, if a 
phonogram published for commercial purposes, or a reproduction of such a phonogram, is used 
for broadcasting by wireless means or for any communication to the public.  
 
Section 67 of the Act provides t hat it is not an infringement of copyright in a sound recording to 
play it as part of the activities of, or for the benefit of a club, society or other organi zation if 
conditions in the section are met . Regulation 3(1) repeals section 67 and regulation 3(2 ) 
removes the equivalent exception in relation to performers’ rights. Section 72(1B)(a) of the Act 
provides that the showing or playing in public of a broadcast to an audience who have not paid 
for admission to the place where the broadcast is to be seen o r heard does not infringe any 
copyright in an "excepted sound recording " (as defined in section 72(1A)) if the playing or 
showing of that broadcast in public forms part of the activities of an organi zation that is not 
established or conducted for profit. R egulation 4(1) repeals section 72(1B)(a) and regulation 
4(2) removes the equivalent exception in relation to performers' rights.  
 
Regulation 5 reduces the maximum penalty that can be imposed by way of imprisonment for an 
offence to which section 107(5) of the Act applies from six months to three months.  IP/N/1/GBR/170 • IP/N/1/GBR/C/63  
 
- 2 - 
 
  Section 128A provides that a licensing body must notify any licence or licensing scheme to the 
Secretary of State if that licence or scheme will authorize the playing in public of excepted sound 
recordings,  as defined in section 72(1A) of the Act, included in broadcasts. The Secretary of 
State has powers to refer the licence or scheme to the Copyright Tribunal for a determination of 
whether the licence or scheme is reasonable in the circumstances. Section 12 8B applies to a 
reference made under section 128A. Regulation 5 repeals section 128A and section 128B.  
Language(s) of 
notified legal text English  
Entry into force  1 January 2011  
Other date    
 
Notification details  
 
Submission date 
of notification  9 February 2021  
Other information  https://www.legislation.gov.uk/uksi/2010/2694/note/made  
Agency or 
authority 
responsible  UK Intellectual Property Office  
 
Concept House  
Cardiff Road  
Newport  
South Wales  
NP10 8QQ  
United Kingdom  
 
information@ipo.gov.uk  
 
0300 300 2000  
 
Outside the UK:  
+44 (0)1633 814000  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.