S T A T U T O R Y  I N S T R U M E N T S  
2019 No. 605 
EXITING THE EUROPEAN UNION 
INTELLECTUAL PROPERTY 
The Intellectual Property (Copyright and Related Ri ghts) 
(Amendment) (EU Exit) Regulations 2019 
Made  - - - - 19th March 2019 
Coming into force in accordance with regulation 1 
 
 
 
The Secretary of State makes the following Regulati ons in exercise of the powers conferred by 
section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 
2018( a). 
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been 
laid before Parliament and approved by resolution o f each House of Parliament. 
PART 1 
Introduction 
Citation and commencement 
1. —(1) These Regulations may be cited as the Intellec tual Property (Copyright and Related 
Rights) (Amendment) (EU Exit) Regulations 2019. 
(2)  These Regulations come into force on exit day. 
PART 2 
Amendments to the Copyright, Designs and Patents Ac t 1988 
Amendments to the Copyright, Designs and Patents Ac t 1988 
2.  The Copyright, Designs and Patents Act 1988( b) is amended in accordance with this Part. 
                                                                                                                                            
(a) 2018 c.16. 
(b) 1988 c.48.  23.  In section 6A (safeguards in case of certain satel lite broadcasts)( a)— 
(a)  for “an EEA State”, in each place it occurs, substi tute “the United Kingdom”; 
(b)  in subsection (2)(a), for “that place” substitute “ the United Kingdom”; 
(c)  in subsection (3)(b), for “the place in which he ha s his principal establishment in the 
European Economic Area” substitute “the United King dom”. 
4.  In section 12(6) and (8)(c) (duration of copyright  in literary, dramatic, musical or artistic 
works)( b), for “an EEA state”, in each place it occurs, sub stitute “the United Kingdom”. 
5.  In section 13A(4) (duration of copyright in sound recordings)( c), for “an EEA state” 
substitute “the United Kingdom”. 
6.  In section 13B(7) and (8) (duration of copyright i n films)( d), for “an EEA state”, in each 
place it occurs, substitute “the United Kingdom”. 
7.  In section 14(3) (duration of copyright in broadca sts)( e), for “an EEA state” substitute “the 
United Kingdom”. 
8.  In section 15A(4) (meaning of country of origin)( f)— 
(a)  for sub-paragraph (a) substitute— 
“(a) if the United Kingdom is one of those countrie s, the country of origin is the United 
Kingdom; and”; 
(b)  in sub-paragraph (b), for “if none of those countri es is an EEA state” substitute “if the 
United Kingdom is not one of those countries”. 
9.  In section 31B(1) and (9) (making and supply of ac cessible copies by authorised bodies)( g) 
omit “or another member State of the European Union ” in each place it occurs. 
10.  In section 31BB(4)(b) (accessible and intermediate  copies: records and notification)( h), for 
“another” substitute “a”. 
11.  Omit section 44B (permitted uses of orphan works)( i). 
12.  Omit section 76A (certain permitted uses of orphan  works)( j). 
13.  In section 144A(1) (collective exercise of certain  rights in relation to cable re-
transmission)( k), for “another” substitute “an”. 
14.  In section 154(1) (qualification by reference to a uthor)( l)— 
(a)  in paragraph (a), omit “a national of another EEA s tate,”; 
(b)  in paragraphs (b) and (c), omit “or another EEA sta te”. 
15.  In section 155(1)(a) (qualification by reference t o country of first publication)( m) omit 
“another EEA state,”. 
                                                                                                                                            
(a) Section 6A was inserted by S.I. 1996/2967, amende d by S.I. 2003/2498. 
(b) Section 12 was substituted by S.I. 1995/3297, ame nded by the Government of Wales Act 2006 (c.32), se ction 160(1), 
Schedule 10, paragraphs 22,23, S.I. 2003/2498, S.I.  2013/1782. 
(c) Section 13A was substituted by S.I. 1995/3297, am ended by S.I. 2003/2498, S.I. 2013/1782. 
(d) Section 13B was substituted by S.I. 1995/3297, am ended by S.I. 2003/2498. 
(e) Section 14 was substituted by S.I. 1995/3297, ame nded by S.I. 2003/2498. 
(f) Section 15A was inserted by S.I. 1995/3297. 
(g) Section 31B was amended by S.I. 2018/995, regulat ion 5. 
(h) Section 31BB was amended by S.I. 2018/995, regula tion 7. 
(i) Section 44B was inserted by S.I. 2014/2861. 
(j) Section 76A was inserted by S.I. 2014/2861. 
(k) Section 144A was inserted by S.I. 1996/2967, amen ded by S.I. 2003/2498, S.I. 2006/1028. 
(l) Section 154 was amended by the British Overseas T erritories Act 2002 (c.8), section 2(3), the Intell ectual Property Act 
2014 (c.18), section 22(1), S.I. 1995/3297, S.I. 20 03/2498. 
(m) Section 155 was amended by the Intellectual Prope rty Act 2014 (c.18), section 22(2).  316.  In section 156(1)(a) (qualification by reference t o place of transmission)( a) omit “another 
EEA state,”. 
17.  In section 170 (transitional provisions and saving s)(b) omit subsection (3). 
18.  In section 172A (meaning of EEA and related expres sions)( c) omit subsection (2). 
19.  In section 178 (minor definitions)( d), at the appropriate place insert— 
““national of the United Kingdom” means— 
(a) a British citizen, a British overseas territori es citizen, a British National (Overseas) 
or a British Overseas Citizen, 
(b) a person who under the British Nationality Act 1981 is a British subject, 
(c) a British protected person within the meaning o f that Act, or 
(d) a body incorporated under the law of any part o f the United Kingdom.” 
20.  In section 179 (index of defined expressions)( e)— 
(a)  in the entry for “the EEA, EEA state and national o f an EEA state”, for “, EEA state and 
national of an EEA state” substitute “and EEA state ”; 
(b)  at the appropriate place insert— 
 
“national of the United Kingdom section 178”. 
21.  In section 191(4) (duration of rights)( f), for “an EEA state” substitute “the United 
Kingdom”. 
22.  In section 206(1) (qualifying countries, individua ls and persons)( g) omit paragraph (b). 
23.  Omit Schedule ZA1 (certain permitted uses of orpha n works)( h). 
24.  In Schedule 1 (copyright: transitional provisions and savings)( i), in paragraph 6(1A), for 
“another” substitute “an”. 
25.  In Schedule 2 (rights in performances: permitted a cts)( j)— 
(a)  in paragraph 3B(1) omit “or another member State of  the European Union”; 
(b)  in paragraph 3B(8) omit “or in another member State  of the European Union”; 
(c)  in paragraph 3D(4)(b), for “another” substitute “a” . 
                                                                                                                                            
(a) Section 156 was amended by the Intellectual Prope rty Act 2014 (c.18), section 22(3), S.I. 2003/2498.  
(b) Section 170 was amended by the Enterprise and Reg ulatory Reform Act 2013 (c.24), section 76. 
(c) Section 172A was inserted by S.I. 1995/3297, amen ded by S.I. 1996/2967, S.I. 2006/1028. 
(d) Section 178 was amended by the Northern Ireland A ct 1998 (c.47), section 99, Schedule 13, para 8(7),  the Scotland Act 
1998 (c.46), section 125(1), Schedule 8, para 25(7) , the Government of Wales Act 2006 (c.32), section 160(1), Schedule 10, 
paras 22,29, S.I.1996/2967, S.I. 2003/2498. 
(e) Section 179 was amended by the Broadcasting Act 1 990 (c.42), section 175(3), the Northern Ireland Ac t 1998 (c.47), 
section 99, Schedule 13, paragraph 8(8), the Scotla nd Act 1998 (c.46), section 125, Schedule 8, para 2 5(8), the Copyright 
(Visually Impaired Persons) Act 2002 (c.33), sectio n 7(2), the Government of Wales Act 2006 (c.32), se ction 160(1), 
Schedule 10, paragraphs 22,30, S.I. 1992/3233, S.I.  1995/3297, S.I. 1996/2967, S.I. 1997/3032, S.I. 20 03/2498, S.I. 
2006/1028, S.I. 2014/1372, S.I. 2014/1384. 
(f) Section 191 was amended by S.I. 1995/3297, S.I. 1 996/2967, S.I. 2003/2498, S.I. 2006/18, S.I. 2013/1 782. 
(g) Section 206 was amended by the British Overseas T erritories Act 2002 (c.8), section 2(3), the Intell ectual Property Act 
2014 (c.18), section 22(5), (6), (7). 
(h) Schedule ZA1 was inserted by S.I. 2014/2861. 
(i) Schedule 1 was amended by the British Overseas Te rritories Act 2002 (c.8), s1(2), the Enterprise and  Regulatory Reform 
Act 2013 (c.24), s 74(1), (3)(b), S.I. 2003/2498, S .I. 2006/1210. 
(j) Schedule 2 was amended by S.I. 2018/995, regulati ons 12 to 16.  4PART 3 
Amendments to subordinate legislation 
Amendments to the Duration of Copyright and Rights in Performances Regulations 1995 
26. —(1) The Duration of Copyright and Rights in Perfor mances Regulations 1995( a) are 
amended as follows. 
(2)  In regulation 16 (duration of copyright: applicatio n of new provisions), in paragraph (d) for 
“another EEA state” substitute “an EEA state”. 
(3)  In regulation 29 (duration of rights in performance s: application of new provisions), in 
paragraph (d) for “another EEA state” substitute “a n EEA state”. 
(4)  In regulation 36 (construction of references to EEA  states)— 
(a)  in paragraphs (1) and (2) for “another EEA state”, in each place it occurs, substitute “an 
EEA state”; 
(b)  omit paragraph (3). 
Amendments to the Copyright and Related Rights Regu lations 1996 
27. —(1) The Copyright and Related Rights Regulations 1 996( b) are amended as follows. 
(2)  In regulation 2 (interpretation) at the appropriate  place insert ““national of the United 
Kingdom” has the meaning given by section 178 of th e Copyright, Designs and Patents Act 1988”. 
(3)  In regulation 16(4) (publication right)— 
(a)  in sub-paragraph (a), after “European Economic Area ” insert “or in the United 
Kingdom”; 
(b)  in sub-paragraph (b), after “an EEA state” insert “ or a national of the United Kingdom”; 
(c)  in the full out words of that paragraph, after “an EEA state” insert “or a national of the 
United Kingdom”. 
(4)  In regulation 29(1)(a) (satellite broadcasting: int ernational co-production agreements) after 
“an EEA state” insert “or a national of the United Kingdom”. 
Amendments to the Copyright and Rights in Databases  Regulations 1997 
28. —(1) The Copyright and Rights in Databases Regulati ons 1997( c) are amended as follows. 
(2)  In regulation 12(1) (interpretation) at the appropr iate place insert ““national of the United 
Kingdom” has the meaning given by section 178 of th e 1988 Act”. 
(3)  In regulation 18 (qualification for database right) — 
(a)  in paragraph (1)— 
(i)  for “the EEA” substitute “the United Kingdom”; 
(ii)  in sub-paragraph (a), for “an EEA state” substitute  “the United Kingdom”; 
(iii)  in sub-paragraphs (b) and (c), for “an EEA state” s ubstitute “any part of the United 
Kingdom”; 
(b)  in paragraph (2), for “the EEA” and for “an EEA sta te”, in each place it occurs, substitute 
“the United Kingdom”; 
(c)  in paragraph (4), omit sub-paragraph (a). 
                                                                                                                                            
(a) S.I. 1995/3297, amended by S.I 2006/1028, S.I 201 6/1210. 
(b) S.I. 1996/2967, amended by S.I. 2003/2498, S.I. 2 006/1028. 
(c) S.I. 1997/3032, amended by S.I. 2003/2501; there are other amending instruments but none is relevant .  5Amendments to the Artist’s Resale Right Regulations  2006 
29. —(1) The Artist’s Resale Right Regulations 2006( a) are amended as follows. 
(2)  In regulation 2 (interpretation)— 
(a)  omit the definition of “EEA state”; 
(b)  at the appropriate place insert ““national of the U nited Kingdom” has the meaning given 
by section 178 of the Copyright, Designs and Patent s Act 1988”. 
(3)  In regulation 10 (requirements as to nationality), in paragraph (a) for “an EEA state” and for 
“EEA states” substitute “the United Kingdom”. 
(4)  In regulation 17 (review of regulations) omit parag raph (2). 
Amendments to the Copyright and Rights in Performan ces (Extended Collective Licensing) 
Regulations 2014 
30.  In regulation 5(1)(d) of the Copyright and Rights in Performances (Extended Collective 
Licensing) Regulations 2014( b) (application for authorisation), for “European Ec onomic Area” 
substitute “the United Kingdom”. 
Amendments to the Copyright and Rights in Performan ces (Licensing of Orphan Works) 
Regulations 2014 
31.  In regulation 4 of the Copyright and Rights in Per formances (Licensing of Orphan Works) 
Regulations 2014( c) (diligent search)— 
(a)  in paragraph (3)— 
(i)  in sub-paragraph (a) omit “and the relevant databas es maintained by the Office for 
Harmonization in the Internal Market”; 
(ii)  in sub-paragraph (b) omit “or databases”; 
(b)  in paragraph (5) omit sub-paragraph (b). 
Amendments to the Collective Management of Copyrigh t (EU Directive) Regulations 2016 
32. —(1) The Collective Management of Copyright (EU Dir ective) Regulations 2016( d) are 
amended as follows. 
(2)  In regulation 2(1) (interpretation and application) , in the definition of “multi-territorial 
licence”, for “more than one member State” substitu te “the United Kingdom and at least one 
member State”. 
(3)  In regulation 4 (particular obligations of collecti ve management organisations in relation to 
right holders), in paragraph (a) for “member State”  substitute “country”. 
(4)  In regulation 15(3) (licensing), for “a member Stat e” substitute “the United Kingdom”. 
(5)  In regulation 22(2) (application), for “Articles 10 1 and 102 of the Treaty on the Functioning 
of the European Union” substitute “Part I of the Co mpetition Act 1998”. 
(6)  In regulation 51 (review) omit paragraph (2). 
                                                                                                                                            
(a) S.I.  2006/346, amended by S.I 2009/2792, S.I. 20 11/2873. 
(b) S.I. 2014/2588, amended by S.I. 2016/221. 
(c) S.I. 2014/2863. 
(d) S.I. 2016/221.  6Amendments to the Copyright and Performances (Appli cation to Other Countries) Order 
2016 
33.  In regulation 1 of the Copyright and Performances (Application to Other Countries) Order 
2016( a) (citation, commencement, interpretation and revoc ation), in paragraph (2), in the 
definition of “relevant country”, for “another EEA state” substitute “an EEA state”. 
Revocation of the Portability of Online Content Ser vices Regulations 2018 
34.  The Portability of Online Content Services Regulat ions 2018 are revoked( b). 
Amendments to the Copyright and Related Rights (Mar rakesh Treaty etc.) (Amendment) 
Regulations 2018 
35.  Omit regulation 20(4) of the Copyright and Related  Rights (Marrakesh Treaty etc.) 
(Amendment) Regulations 2018 (review)( c). 
PART 4 
Amendments to retained direct EU legislation 
Amendments to Council Regulation (EU) 2017/1563 
36. —(1) Council Regulation (EU) 2017/1563 on the cross -border exchange between the Union 
and third countries of accessible format copies of certain works and other subject matter protected 
by copyright and related rights for the benefit of persons who are blind, visually impaired or 
otherwise print disabled is amended as follows. 
(2)  Omit Article 1 (subject matter and scope). 
(3)  For Article 2(4) substitute— 
““authorised entity established in a Member State” means an entity that falls within the 
definition of an authorised body in section 31F(6) of the Copyright, Designs and 
Patents Act 1988”. 
(4)  In Article 3 (export of accessible format copies to  third countries),— 
(a)  for “a Member State” substitute “the United Kingdom ”; 
(b)  for “the national legislation adopted pursuant to D irective (EU) 2017/1564” substitute 
“the Copyright and Related Rights (Marrakesh Treaty  etc.) (Amendment) Regulations 
2018”. 
(5)  In Article 4 (import of accessible format copies fr om third countries),— 
(a)  for “a Member State” substitute “the United Kingdom ”; 
(b)  for “the national legislation adopted pursuant to D irective (EU) 2017/1564” substitute 
“the Copyright and Related Rights (Marrakesh Treaty  etc.) (Amendment) Regulations 
2018”. 
(6)  In Article 5 (obligations of authorised entities) f or “a Member State” substitute “the United 
Kingdom” in all places where it appears. 
(7)  In Article 6 (protection of personal data) for “Dir ectives 95/46/EC( d) and 2002/58/EC” 
substitute “Regulation (EU) 2016/679 and the Privac y and Electronic Communications (EC 
Directive) Regulations 2003”. 
                                                                                                                                            
(a) S.I. 2016/1219. 
(b) S.I. 2018/249. 
(c) S.I. 2018/995. 
(d) Directive 95/46/EC was repealed by Article 94.1 o f Regulation 2016/679. Under Article 94.2 of that R egulation references 
to Directive 95/46/EC shall be construed as referen ces to that Regulation.  7(8)  Omit Article 7 (review). 
(9)  Omit Article 8 (entry into force and application). 
(10)  At the end omit the sentence starting “This Regulat ion shall be binding”. 
Revocations 
37.  Regulation (EU) No 2017/1128 of the European Parli ament and of the Council of 14th June 
2017 on cross-border portability of online content services in the internal market is revoked. 
PART 5 
Transitional provisions and savings 
Transitional provisions and savings 
38.  The amendments made by these Regulations do not ap ply to any database in which a 
database right exists under the Copyright and Right s in Databases Regulations 1997 prior to exit 
day. 
 
 
 
 Chris Skidmore 
 Parliamentary Under Secretary of State 
19th March 2019 Department for Business, Energy and  Industrial Strategy 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations are made in exercise of the power s conferred by section 8(1) of the European 
Union (Withdrawal) Act 2018 (c.16) in order to addr ess failures of retained EU law to operate 
effectively and other deficiencies (in particular u nder paragraphs (c), (d) and (g) of section 8(2)) 
arising from the withdrawal of the UK from the Euro pean Union. These Regulations make 
amendments to legislation in the field of copyright  and related rights and, in particular, amend the 
Copyright, Designs and Patents Act 1988, subordinat e legislation and retained direct EU 
legislation. These Regulations also revoke the Port ability of Online Content Services Regulations 
2018 and Regulation (EU) No 2017/1128 of the Europe an Parliament and of the Council of 14th 
June 2017 on cross-border portability of online con tent services in the internal market. 
A full impact assessment of the effect of this inst rument will have on the costs of business, the 
voluntary sector and the public sector is available  from the Intellectual Property Office, Concept 
House, Cardiff Road, Newport NP20 8QQ and is availa ble with the explanatory memorandum 
alongside this instrument on the Legislation UK web site www.legislation.gov.uk. Copies have 
also been placed in the libraries of both Houses of  Parliament. 
  
  
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