This draft Statutory Instrument supersedes the draf t of the same title which was laid before 
Parliament on 27th March 2014 and published on 28th  March 2014 (ISBN 978-0-11-1112717). It 
is being issued free of charge to all known recipie nts of that Statutory Instrument. 
Draft Regulations laid before Parliament under para graph 2(2) of Schedule 2 to the European 
Communities Act 1972, for approval by resolution of  each House of Parliament. 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2014 No. XXXX 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Rights in Performances (Quotation  and 
Parody) Regulations 2014 
Made  - - - - 2014 
Coming into force  - - 1st October 2014 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to matters relating to copyright and rights in 
performances( b). 
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid 
before Parliament and approved by a resolution of e ach House of Parliament. 
The Secretary of State, in exercise of the powers c onferred by section 2(2) of that Act makes the 
following Regulations: 
Citation and commencement 
1.  These Regulations may be cited as the Copyright an d Rights in Performances (Quotation and 
Parody) Regulations 2014 and come into force on 1st  October 2014. 
Amendments to the Copyright, Designs and Patents Ac t 1988 
2.  The Copyright, Designs and Patents Act 1988( c) is amended in accordance with these 
Regulations. 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule. 
(b) S.1. 1992/707 and S.I. 1993/595. 
(c) 1988 c.48.  2 Quotation: amendments to section 30 
3. —(1) Section 30 (a) is amended as follows. 
(2)  In the heading, after “review” insert “, quotation” . 
(3)  In subsection (1), after “acknowledgement” insert “ (unless this would be impossible for 
reasons of practicality or otherwise)”. 
(4)  After subsection (1) insert— 
“(1ZA) Copyright in a work is not infringed by the use of a quotation from the work 
(whether for criticism or review or otherwise) prov ided that— 
(a) the work has been made available to the public,  
(b) the use of the quotation is fair dealing with t he work, 
(c) the extent of the quotation is no more than is required by the specific purpose for 
which it is used, and 
(d) the quotation is accompanied by a sufficient ac knowledgement (unless this would 
be impossible for reasons of practicality or otherw ise).” 
(5)  In subsection (1A)— 
(a)  for “subsection (1)” substitute “subsections (1) an d (1ZA)”, and 
(b)  for “that subsection” substitute “those subsections ”. 
(6)  After subsection (3) insert— 
“(4) To the extent that a term of a contract purpor ts to prevent or restrict the doing of any 
act which, by virtue of subsection (1ZA), would not  infringe copyright, that term is 
unenforceable.” 
Quotation: amendments to Schedule 2 
4. —(1) Paragraph 2( b) of Schedule 2 is amended as follows. 
(2)  In the heading, after “reviews” insert “, quotation ”. 
(3)  After sub-paragraph (1) insert— 
“(1ZA) The rights conferred by this Chapter in a pe rformance or a recording of a 
performance are not infringed by the use of a quota tion from the performance or recording 
(whether for criticism or review or otherwise) prov ided that— 
(a) the performance or recording has been made avai lable to the public, 
(b) the use of the quotation is fair dealing with t he performance or recording, and 
(c) the extent of the quotation is no more than is required by the specific purpose for 
which it is used.” 
(4)  After sub-paragraph (1A) insert— 
“(1B) To the extent that a term of a contract purpo rts to prevent or restrict the doing of 
any act which, by virtue of sub-paragraph (1ZA), wo uld not infringe any right conferred by 
this Chapter, that term is unenforceable.” 
Parody 
5. —(1) After section 30 insert— 
                                                                                                                                            
(a) Section 30 was amended by S.I. 2003/2498, regulat ions 3 and 10(1). 
(b) Paragraph 2 of Schedule 2 was amended by S.I. 200 3/2498, regulations 3 and 10(2).  3 “30A Caricature, parody or pastiche 
(1) Fair dealing with a work for the purposes of ca ricature, parody or pastiche does not 
infringe copyright in the work. 
(2) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable.” 
(2)  In Schedule 2, after paragraph 2 insert— 
“Caricature, parody or pastiche 
2A.—(1) Fair dealing with a performance or a recording  of a performance for the 
purposes of caricature, parody or pastiche does not  infringe the rights conferred by this 
Chapter in the performance or recording. 
(2) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
(3) Expressions used in this paragraph have the sam e meaning as in section 30A.”. 
 
 
 
 
 Name  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
Date Department for Business, Innovation and Skills 
 
  4 £4.25 
UK2014060411   06/2014   19585 
http://www.legislation.gov.uk/id/ukdsi/2014/9780111 116029 EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). Directive 
2001/29 of the European Parliament and of the Counc il of 22 May 2001 on the harmonisation of 
certain aspects of copyright and related rights in the information society (OJ No L167, 22.6.2001. 
p.10) permits Member States to provide for exceptio ns to the copyright and related rights provided 
under the Directive in certain cases. Article 5(3)( d) permits an exception in the case of quotations 
for purposes such as criticism or review. Regulatio n 3 amends the way in which this exception is 
implemented in the UK. Article 5(3)(k) of the Direc tive permits an exception in the case of use for 
the purpose of caricature, parody or pastiche. Regu lation 5 introduces this exception in the UK. 
Regulation 3 amends section 30 of the Act by insert ing subsection (1ZA) to provide an 
exception to copyright for the use of a quotation f rom a work where the use is fair dealing with the 
work and to the extent that the quotation is no mor e than is required by the specific purpose for 
which it is used and the quotation is accompanied b y a sufficient acknowledgement. New section 
30(4) provides that any term of a contract which pr events or restricts the doing of any act 
permitted under new section 30(1ZA) is unenforceabl e. Regulation 4 amends paragraph 2 of 
Schedule 2 to the Act to provide an equivalent exce ption for quotations by the taking of an extract 
from a recording of a performance. The taking of an  extract of a recording of a performance in 
accordance with paragraph 2(1ZA) does not infringe the rights conferred by Chapter 2 of Part II of 
the Act (rights in performances). 
Regulation 5 inserts new section 30A and new paragr aph 2A in Schedule 2 of the Act. New 
section 30A(1) provides an exception to copyright i n respect of fair dealing with a work for the 
purposes of caricature, parody or pastiche. Subsect ion (2) provides that any term of a contract 
which prevents or restricts the doing of any act pe rmitted under section 30A(1) is unenforceable. 
New paragraph 2A of Schedule 2 provides an equivale nt exception for fair dealing with a 
performance or a recording of a performance. Fair d ealing with a performance or a recording of a 
performance for the purposes of caricature, parody or pastiche does not infringe the rights 
conferred by Chapter 2 of Part II of the Act (right s in performances). 
Full impact assessments of the effect that this ins trument will have on the cost of business and 
the voluntary sector are available from the Intelle ctual Property Office, Concept House, Cardiff 
Road, Newport, NP10 8QQ and are annexed to the Expl anatory Memorandum (together with a 
transposition note) which is available alongside th e instrument on www.legislation.gov.uk. 
  
  
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