S T A T U T O R Y  I N S T R U M E N T S  
2018 No. 995 
COPYRIGHT 
The Copyright and Related Rights (Marrakesh Treaty etc.) 
(Amendment) Regulations 2018 
Made  - - - - 11th September 2018 
Laid before Parliament  12th September 2018 
Coming into force  - - 11th October 2018 
The Secretary of State has been designated( a) for the purposes of section 2(2) of the European 
Communities Act 1972( b) in relation to intellectual property (including b oth registered and 
unregistered rights). 
The Secretary of State makes these Regulations in e xercise of the powers conferred by that Act. 
PART 1 
General 
Citation, commencement and interpretation 
1. —(1) These Regulations may be cited as the Copyrigh t and Related Rights (Marrakesh Treaty 
etc.) (Amendment) Regulations 2018. 
(2)  These Regulations come into force on 11th October 2 018. 
(3)  In these Regulations— 
“the 1988 Act” means the Copyright, Designs and Pat ents Act 1988( c); 
“the 1997 Regulations” means the Copyright and Righ ts in Databases Regulations 1997( d). 
PART 2 
Amendments to the 1988 Act 
Amendments to the 1988 Act 
2.  The 1988 Act is amended in accordance with this Pa rt. 
                                                                                                                                            
(a) S.I. 2006/608. 
(b) 1972 c. 68; section 2(2) was amended by the Legis lative and Regulatory Reform Act 2006 (c. 51), sect ion 27(1) and the 
European Union (Amendment) Act 2008 (c. 7), section  3(3) and Part 1 of the Schedule. 
(c) 1988 c. 48. 
(d) S.I. 1997/3032.  2Infringement by issue of copies to the public 
3.—(1) Section 18 (infringement by issue of copies to the public)( a) is amended as follows. 
(2)  For subsection (2), substitute— 
“(2) References in this Part to the issue to the pu blic of copies of a work are to the act of 
putting into circulation in the United Kingdom copi es not previously put into circulation in 
the EEA by or with the consent of the copyright own er.” 
(3)  In subsection (3)— 
(a)  in paragraph (a) omit “, or”; 
(b)  omit paragraph (b); 
(c)  omit the words after paragraph (b). 
Disabled persons: copies of works for personal use 
4. —(1) Section 31A (disabled persons: copies of works  for personal use)( b) is amended as 
follows. 
(2)  In subsection (1)— 
(a)  in paragraph (a), for “possession or lawful use of”  substitute “access to”; 
(b)  in paragraph (b), after “enjoying the work to” inse rt “substantially”. 
(3)  In subsection (2)— 
(a)  in paragraph (a), after “person,” insert “and”; 
(b)  in paragraph (b) omit “, and”; 
(c)  omit paragraph (c). 
(4)  Omit subsection (3). 
Making and supply of accessible copies by authorise d bodies 
5. —(1) Section 31B (making and supply of accessible c opies by authorised bodies)( c) is 
amended as follows. 
(2)  In the section heading, for “and supply” substitute  “, communicating, making available, 
distributing or lending”. 
(3)  For subsection (1) substitute— 
“(1) If— 
(a) an authorised body has lawful access to the who le or part of a work which has 
been published or otherwise made available, and 
(b) the body complies with subsection (1A), 
the body may, without infringing copyright, make, c ommunicate, make available, distribute 
or lend accessible copies of the work on a non-prof it basis for the personal use of disabled 
persons in the United Kingdom or another member Sta te of the European Union. 
(1A) An authorised body complies with this subsecti on if it— 
(a) distributes, communicates, makes available or l ends accessible copies only to 
disabled persons or other authorised bodies, 
(b) takes appropriate steps to discourage the unaut horised reproduction, distribution, 
communication to the public or making available to the public of accessible copies, 
                                                                                                                                            
(a) Section 18(2) was amended by S.I. 1992/3233, regu lation 4(1) and S.I. 1996/2967, regulation 9(2). 
(b) Section 31A was inserted by S.I. 2014/1384, regul ation 2(3). 
(c) Section 31B was inserted by S.I. 2014/1384, regul ation 2(4).  3(c) demonstrates due care in, and maintains records  of, its handling of works and 
accessible copies, and 
(d) publishes and updates, on its website if approp riate, or through other online or 
offline channels, information on how it complies wi th the obligations in 
paragraphs (a), (b) and (c).” 
(4)  Omit subsections (2) to (4). 
(5)  In subsection (5)— 
(a)  for “subsections (1) and (3)” substitute “subsectio n (1)”; 
(b)  for “supply” substitute “to communicate, make avail able, distribute or lend”; 
(c)  for “includes supply” substitute “includes to commu nicate, make available, distribute or 
lend”. 
(6)  Omit subsections (6) to (8). 
(7)  In subsection (9)— 
(a)  for “supply” substitute “communicate, make availabl e, distribute or lend”; 
(b)  after “another authorised body” insert “established  in the United Kingdom or another 
member State of the European Union”. 
(8)  Omit subsection (10). 
Making and supply of intermediate copies by authori sed bodies 
6. —(1) Section 31BA (making and supply of intermediat e copies by authorised bodies)( a) is 
amended as follows. 
(2)  In the section heading, for “and supply” substitute  “, communicating, making available, 
distributing or lending”. 
(3)  In subsection (2), for “supply it” substitute “comm unicate, make available, distribute or lend 
it on a non-profit basis”. 
(4)  Omit subsection (4). 
Accessible and intermediate copies: records and not ification 
7.  In section 31BB (accessible and intermediate copie s: records and notification)( b) for 
subsections (1) to (3), substitute— 
“(1) A person listed in subsection (3) may request an authorised body— 
(a) making accessible copies under section 31B, or 
(b) making intermediate copies under section 31BA, 
to provide the person with the information in subse ction (4). 
(2) On receipt of a request under subsection (1), a n authorised body must provide the 
information to the person in an accessible way with in a reasonable time.  
(3) The persons who may make a request under subsec tion (1) are— 
(a) disabled person; 
(b) another authorised body; 
(c) rightholders. 
(4) The information that must be provided by the au thorised body is— 
(a) the list of works for which it has accessible c opies and the available formats, and 
                                                                                                                                            
(a) Section 31BA was inserted by S.I. 2014/1384, regu lation 2(4). 
(b) Section 31BB was inserted by S.I. 2014/1384, regu lation 2(4).  4(b) the name and contact details of any authorised body established in another member 
State of the European Union from which, or to which , it has imported, exported or 
accessed an accessible copy.” 
Sections 31A to 31BB: interpretation and general 
8. —(1) Section 31F (sections 31A to 31BB: interpretat ion and general)( a) is amended as 
follows. 
(2)  In subsection (2), after “copyright work to” insert  “substantially”. 
(3)  In subsection (3), after “can be improved,” insert “for example”. 
(4)  In subsection (4), for “the fuller enjoyment of the  work by disabled persons” substitute 
“disabled persons to access the work, including acc essing it as feasibly and comfortably as a 
person who is not a disabled person”. 
(5)  Omit subsection (7). 
(6)  In subsection (8), after “by virtue of section”, in sert “27,”. 
Infringing copies may be treated as prohibited good s 
9.  In section 111(3B) (infringing copies may be treat ed as prohibited goods)( b) for the words 
from “Article 5(1)” to the end, substitute “Article  3 of Regulation (EU) No 608/2013 of the 
European Parliament and of the Council of 12 June 2 013 concerning customs enforcement of 
intellectual property rights”. 
Remedy where effective technological measures preve nt permitted acts 
10. —(1) Section 296ZE (remedy where effective technolo gical measure prevent permitted 
acts)( c) is amended as follows. 
(2)  In subsection (1), at the appropriate places insert — 
““Marrakesh beneficiary” means a person who— 
(a) is blind, 
(b) has a visual impairment which cannot be improve d so as to give the person visual 
function substantially equivalent to that of a pers on who has no such impairment, 
and who is, as a result, unable to read printed wor ks to substantially the same 
degree as a person without such an impairment, 
(c) has a perceptual or reading disability and is, as a result, unable to read printed 
works to substantially the same degree as a person without such disability, or 
(d) is otherwise unable, due to a physical disabili ty, to hold or manipulate a book or to 
focus or move their eyes to the extent that would n ormally be acceptable for 
reading;”; 
““Marrakesh work” means a work in the form of a boo k, journal, newspaper, magazine 
or other kind of writing, notation, including sheet  music, and related illustrations, in any 
media, including in audio form such as audiobooks a nd in digital format, which is 
protected by copyright, related rights or database rights and which is published or 
otherwise lawfully made publicly available;”. 
(3)  In subsection (9) before “This section does not app ly” insert “Subject to subsection (9A),”. 
(4)  After subsection (9) insert— 
“(9A) But this section does apply where the applica tion of any effective technological 
measure to a Marrakesh work prevents the making of an accessible copy of that work under 
                                                                                                                                            
(a) Section 31F was inserted by S.I. 2014/1384, regul ation 2(5). 
(b) Section 111(3B) was inserted by S.I. 1995/1445, r egulation 2(2) and amended by S.I. 2004/1473, regul ation 12. 
(c) Section 296ZE was inserted by S.I. 2003/2498, reg ulations 3 and 24(1).  5sections 31A, 31B or 31BA, or paragraphs 3A, 3B or 3C of Schedule 2, for the benefit of a 
Marrakesh beneficiary.” 
Amendments to Schedule 2 – Rights in Performances: Permitted Acts 
11.  Schedule 2 (rights in performances: permitted acts ) is amended in accordance with 
regulations 12 to 16. 
Disabled persons: copies of recordings for personal  use 
12. —(1) Paragraph 3A (disabled persons: copies of reco rdings for personal use)( a) is amended 
as follows. 
(2)  In sub-paragraph (1)— 
(a)  in paragraph (a), for “possession or lawful use of”  substitute “access to”; 
(b)  in paragraph (b), after “enjoying the recording to”  insert “substantially”. 
(3)  In sub-paragraph (2)— 
(a)  in paragraph (a), after “person,” insert “and”; 
(b)  in paragraph (b) omit “and”; 
(c)  omit paragraph (c). 
(4)  Omit sub-paragraph (3). 
Making and supply of accessible copies by authorise d bodies 
13. —(1) Paragraph 3B (making and supply of accessible copies by authorised bodies)( b) is 
amended as follows. 
(2)  In the paragraph heading for “and supply” substitut e “communicating, making available, 
distributing or lending”. 
(3)  For sub-paragraph (1) substitute— 
“(1) If— 
(a) an authorised body has lawful access to the who le or part of a work which has 
been published or otherwise made available, and 
(b) the body complies with sub-paragraph (1A), 
the body may, without infringing the rights conferr ed by this Chapter, make, communicate, 
make available, distribute or lend accessible copie s of the work on a non-profit basis for the 
personal use of disabled persons in the United King dom or another member State of the 
European Union. 
(1A) An authorised body complies with this sub-para graph if it— 
(a) distributes, communicates, makes available or l ends accessible copies only to 
disabled persons or other authorised bodies, 
(b) takes appropriate steps to discourage the unaut horised reproduction, distribution, 
communication to the public or making available to the public of accessible copies, 
(c) demonstrates due care in, and maintains records  of, its handling of works and 
accessible copies, and 
(d) publishes and updates, on its website if approp riate, or through other online or 
offline channels, information on how it complies wi th the obligations in 
paragraphs (a), (b) and (c).” 
(4)  Omit sub-paragraphs (2) and (3). 
                                                                                                                                            
(a) Schedule 2, paragraph 3A was inserted by S.I. 201 4/1384, regulation 3. 
(b) Schedule 2, paragraph 3B was inserted by S.I. 201 4/1384, regulation 3.  6(5)  In sub-paragraph (4)— 
(a)  for “sub-paragraphs (1) and (2)” substitute “sub-pa ragraph (1)”; 
(b)  for “supply” substitute “communicate, make availabl e, distribute or lend”; 
(c)  for “includes supply” substitute “includes to commu nicate, make available, distribute or 
lend”. 
(6)  Omit sub-paragraphs (5) to (7). 
(7)  In sub-paragraph (8)— 
(a)  for “supply” substitute “communicate, make availabl e, distribute or lend”; 
(b)  after “another authorised body” insert “established  in the United Kingdom or in another 
member State of the European Union”. 
(8)  Omit sub-paragraph (9). 
(9)  After sub-paragraph (10), insert— 
“(11) In this paragraph “dealt with” means sold or let for hire or offered or exposed for 
sale or hire.” 
Making and supply of intermediate copies by authori sed bodies 
14. —(1) Paragraph 3C (making an supply of intermediate  copies by authorised bodies)( a) is 
amended as follows. 
(2)  In the section heading for “and supply” substitute “communicating, making available, 
distributing or lending”. 
(3)  In sub-paragraph (2), for “supply” substitute “comm unicate, make available, distribute or 
lend it on a non-profit basis”. 
(4)  Omit sub-paragraph (4). 
Accessible and intermediate copies: records 
15.  In paragraph 3D (accessible and intermediate copie s: records)( b) for sub-paragraphs (1) and 
(2), substitute— 
“(1) A person listed in sub-paragraph (2) may reque st an authorised body— 
(a) making accessible copies under paragraph 3B, or   
(b) making intermediate copies under paragraph 3C, 
to provide the person with the information in sub-p aragraph (4). 
(2) On receipt of a request under sub-paragraph (1) , an authorised body must provide the 
information to the person in an accessible way with in in a reasonable time.  
(3) The persons who may make a request under sub-pa ragraph (1) are— 
(a) disabled person; 
(b) another authorised body; 
(c) rightholders. 
(4) The information that must be provided by the au thorised body is— 
(a) the list of works for which it has accessible c opies and the available formats, and 
(b) the name and contact details of any authorised body established in another member 
State of the European Union from which, or to which , it has imported, exported or 
accessed an accessible copy.” 
                                                                                                                                            
(a) Schedule 2, paragraph 3C was inserted by S.I. 201 4/1384, regulation 3. 
(b) Schedule 2, paragraph 3D was inserted by S.I. 201 4/1384, regulation 3.  7Paragraphs 3A to 3D: interpretation and general  
16. —(1) Paragraph 3E (paragraphs 3A to 3D: interpretat ion and general)( a) is amended as 
follows. 
(2)  In sub-paragraph (2), after “a performance to” inse rt “substantially”. 
(3)  In sub-paragraph (3), after “can be improved,” inse rt “for example”. 
(4)  In sub-paragraph (4), for “the fuller enjoyment of the recording by disabled persons” 
substitute “disabled persons to access that version , including accessing it as feasibly and 
comfortably as a person who is not a disabled perso n”. 
(5)  In sub-paragraph (7), for “and “supply” have” subst itute “has”. 
PART 3 
Amendments to the 1997 Regulations 
Amendments to the 1997 Regulations 
17.  The 1997 Regulations are amended in accordance wit h this Part. 
Interpretation 
18.  In regulation 12 (interpretation), at the appropri ate place insert— 
““Marrakesh beneficiary” has the meaning given by s ection 296ZE(1) of the 1988 Act.” 
Exceptions  to database right: Marrakesh beneficiaries 
19.  After regulation 20A( b) insert— 
“Exceptions to database right: Marrakesh beneficiar ies 
20B.  Database right in a database is not infringed by t he making of an accessible copy of 
a work under sections 31A, 31B or 31BA of, or parag raphs 3A, 3B or 3C of Schedule 2 to, 
the 1988 Act for the benefit of a Marrakesh benefic iary.” 
PART 4 
Review 
Review 
20. —(1) The Secretary of State must from time to time—  
(a)  carry out a review of these Regulations, and 
(b)  publish a report setting out the conclusions of the  review.  
(2)  The first report must be published before 11th Octo ber 2023. 
(3)  Subsequent reports must be published at intervals n ot exceeding 5 years. 
(4)  Section 30(3) of the Small Business, Enterprise and  Employment Act 2015( c) requires that a 
review carried out under this regulation must, so f ar as is reasonable, have regard to how Directive 
2017/1564 of the European Parliament and of the Cou ncil of 13 September 2017 to approximate 
                                                                                                                                            
(a) Schedule 2, paragraph 3E was inserted by S.I. 201 4/1384, regulation 3. 
(b) Regulation 20A was inserted by Legal Deposits Lib raries Act 2003 (c. 28), section 8(2). 
(c) 2015 c. 26. Section 30(3) was amended by the Ente rprise Act 2016 (c. 12), section 19.  8the laws of Members States relating to copyright an d related rights( a) is implemented in other 
member states.  
(5)  Section 30(4) of the Small Business, Enterprise and  Employment Act 2015 requires that a 
report published under this regulation must, in par ticular— 
(a)  set out the objectives intended to be achieved by t hese Regulations, 
(b)  assess the extent to which those objectives are ach ieved, 
(c)  assess whether those objectives remain appropriate,  and 
(d)  if those objectives remain appropriate, assess the extent to which they could be achieved 
in another way. 
 
 Sam Gyimah 
 Minister of State  
11th September 2018 Department for Business, Energy  and Industrial Strategy 
 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend both the Copyright, Designs  and Patents Act 1988 (the “1988 Act”) and 
the Copyright and Rights in Database Regulations 19 97 (the “1997 Regulations”). Article 5(3)(b) 
of Directive 2001/29/EC (OJ No L167, 22.06.2001, p. 10.) of the European Parliament and of the 
Council of 22 May 2001 on the harmonisation of cert ain aspects of copyright and related rights 
(the “Infosoc Directive”) permits Member States to provide an exception to the copyright and 
related rights provided under the Infosoc Directive  in the case of uses, for the benefit of disabled 
persons, which are directly related to their disabi lity and of a non-commercial nature. Directive 
2017/1564 (OJ No L242, 20.09.2017, p.6.) of the Eur opean Parliament and of the Council of 13 
September 2017 to approximate the laws of Members S tates relating to copyright and related 
rights (“the Directive”) requires Member States to provide exceptions or limitations to copyright 
and related rights for the benefit of disabled pers ons who are blind, visually impaired or otherwise 
print-disabled. 
These Regulations amend how the exception permitted  under the Infosoc Directive, and required 
under the Directive, is implemented in the UK. 
Regulation 3 amends section 18 of the 1988 Act rela ting to the act that constitutes an issue to the 
public of copies of a work under the 1988 Act. The amendment re-implements Article 9 of 
obligations now expressed in Directive 2006/115/EC (OJ No L376, 27.12.2006, p.28.) of the 
European Parliament and of the Council of 12 Decemb er 2006 on rental right and lending right 
and on certain rights related to copyright in the f ield of intellectual property. 
Regulations 4 to 8 amend sections 31A to 31F of the  1988 Act. These sections contain exceptions 
to the act of infringing copyright under the 1988 A ct for the purposes of making and supplying (as 
relevant) accessible copies (defined in section 31F (5)) for the benefit of disabled persons (defined 
in section 31F(2)). These Regulations make provisio n for both the repeal and replacement of 
certain subsections. 
Regulation 4 amends section 31A. Subsection (1) is amended to provide that the section applies if 
the disabled person has lawful access to a copy of the whole or part of the work and if their 
disability prevents them enjoying the work to subst antially the same degree as a person who does 
not have that disability. Existing sections 31A(2)( c) and (3) are repealed. 
                                                                                                                                            
(a) OJ No L242, 20.09.2017 p.6.  9Regulation 5 amends section 31B. Subsection (1) is amended and provides that an authorised body 
may make, communicate, make available, distribute o r lend accessible copies of a work for the 
personal use of disabled persons. New subsection (1 A) establishes principles which an authorised 
body must comply with when making, communicating, m aking available, distributing or lending 
an accessible copy. Subsections (2), (3), (4), (6),  (7), (8) and (10) are repealed. 
Regulation 6 amends section 31BA. Subsection (2) is  amended substituting the permitted act of 
“supply” of the intermediate copy from one authoris ed body to another for “communicate, making 
available, distributing or lending”. The further am endment makes it clear that the intermediate 
copy may only be made, communicated, made available , distributed or lent on a non-profit basis. 
Subsection (4) is repealed. 
Regulation 7 amends section 31BB. This amendment su bstitutes existing section 31BB for new 
subsections (1) to (4). 
Regulation 8 amends section 31F which sets out prov isions relating to the interpretation of 
sections 31A to 31BB. The definition of a “Disabled  person” in subsection (2) is amended and the 
amendment to subsection (3) ensures that the use of  corrective lenses is provided as only one 
example of the ways that someone may improve their visual impairment to a level that is normally 
acceptable for reading without a special level or k ind of light. Subsection (7) is repealed. 
Regulation 9 updates the legislative reference at s ection 111(3B) in the 1988 Act from Article 5(1) 
of Council Regulation (EC) No 1383/2003 (OJ No L 19 6, 2.8.2003, p.7) concerning customs 
action against goods suspected of infringing certai n intellectual property rights and the measures 
to be taken against goods found to have infringed s uch rights to Article 3 of Regulation (EU) No 
608/2013 (OJ No L181, 29.06.2013, p.1) of the Europ ean Parliament and of the Council of 12 
June 2013 concerning customs enforcement of intelle ctual property rights.  
Regulation 10 amends section 296ZE. Two new definit ions for a Marrakesh work and a 
Marrakesh beneficiary are inserted in subsection (1 ). New subsection (9A) is inserted. This 
disapplies subsection (9) where the application of any effective technological protection measure 
to a Marrakesh work prevents the making of an acces sible copy of that work under the disability 
exceptions in sections 31A, 31B or 31BA and in Sche dule 2, paragraphs 3A, 3B or 3C for the 
benefit of a Marrakesh beneficiary. 
Regulations 12 to 16 amend Schedule 2, paragraphs 3 A to 3E of the 1988 Act. These provisions 
contain similar exceptions to sections 31A to 31F r elating to rights in performances in relation to 
recordings of performances in films and sound recor dings. 
Regulations 18 and 19 amend the 1997 Regulations. R egulation 18 inserts the definition of a 
Marrakesh beneficiary into the 1997 Regulations by way of a cross-reference to section 296ZE(1) 
of the 1988 Act. Regulation 19 provides that the da tabase right is not infringed by any act that is 
for the benefit of a Marrakesh beneficiary if it ma y be done under sections 31A, 31B or 31BA and 
in Schedule 2, paragraphs 3A, 3B or 3C of the 1988 Act. 
Regulation 20 provides that the Secretary of State must carry out a review of these regulations and 
publish a report of that review. The first report m ust be published not later than 12th October 
2023. Each subsequent report must be published at i ntervals not exceeding five years after the first 
report is published. 
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 fores een. A copy of this instrument and the 
Explanatory Memorandum (together with a transpositi on note) is available from the Intellectual 
Property Office, Concept House, Cardiff Road, Newpo rt, NP10 8QQ. The Explanatory 
Memorandum (together with a transposition note) are  also available alongside the instrument on 
www.legislation.gov.uk.  10   
  
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