S T A T U T O R Y  I N S T R U M E N T S  
2016 No. 1210 
COPYRIGHT 
The Copyright (Amendment) Regulations 2016 
Made  - - - - 8th December 2016 
Laid before Parliament  16th December 2016 
Coming into force  - - 6th April 2017 
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( b). 
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 (A mendment) Regulations 2016 and come 
into force on 6th April 2017 (“the commencement dat e”). 
Amendments to the Copyright, Designs and Patents Ac t 1988 
2. —(1) The Copyright, Designs and Patents Act 1988( c) is amended as follows. 
(2)  In paragraph 5 of Schedule 1— 
(a)  in sub-paragraph (2)(a) omit “or”; 
(b)  at the end of sub-paragraph (2)(b) for the full-sto p substitute “, or”; 
(c)  after sub-paragraph (2)(b) insert— 
“(c) where the work is an artistic work in which co pyright subsists as a result of the 
disapplication of paragraph 6(1) by paragraph 6(1A) ”. 
(3)  In paragraph 6 of Schedule 1 after sub-paragraph (1 ) insert— 
“(1A) Sub-paragraph (1) does not apply to an artist ic work which was on 1st July 1995 
protected under the law of another EEA state relati ng to copyright or related rights.”. 
Amendments to the Duration of Copyright and Rights in Performances Regulations 1995 
3. —(1) The Duration of Copyright and Rights in Perfor mances Regulations 1995( d) are 
amended as follows. 
                                                                                                                                            
(a) 1972 c.68; by virtue of the amendment of section 1(2) of that Act by section 1 of the European Econo mic Area Act 1993 
(c.51) regulations may be made under section 2(2) t o implement obligations of the United Kingdom arisi ng under the EEA 
Agreement. 
(b) S.I. 1992/707 and S.I. 1993/595. 
(c) 1988 c.48. 
(d) S.I. 1995/3297; there are amendments not relevant  for the purposes of these Regulations.  2(2)  In regulation 16 (duration of copyright: applicatio n of new provisions)— 
(a)  at the end of paragraph (c) omit “and”; 
(b)  at the end of paragraph (d) for the full-stop subst itute “; and”; 
(c)  after paragraph (d) insert— 
“(e) to existing works which qualify for copyright protection as a result of the 
disapplication of paragraph 6(1) of Schedule 1 to t he 1988 Act by sub-paragraph 
(1A) of paragraph 6 of Schedule 1 to the 1988 Act.” . 
(3)  Subject to regulation 4 of these Regulations, regul ation 24 (revived copyright: use as of right 
subject to reasonable royalty) is revoked. 
(4)  Regulation 25 (revived copyright: application to Co pyright Tribunal) is revoked. 
(5)  Subject to regulation 5 of these Regulations, regul ation 34 (revived performance rights: use 
as of right subject to reasonable remuneration) is revoked. 
(6)  Regulation 35 (revived performance rights: applicat ion to Copyright Tribunal) is revoked. 
Transitional provisions 
4.  Regulation 24 of the Duration of Copyright and Rig hts in Performances Regulations 1995 
applies on or after the commencement date in relati on to acts restricted by copyright done in 
relation to a work in which revived copyright subsi sts but only where, in relation to those acts, a 
royalty or remuneration is agreed or determined for  the purposes of that regulation before the 
commencement date. 
5.  Regulation 34 of the Duration of Copyright and Rig hts in Performances Regulations 1995 
applies on or after the commencement date in relati on to acts which require the consent of the 
rights owner done in relation to a performance in w hich revived performance rights subsist but 
only where, in relation to those acts, remuneration  is agreed or determined for the purposes of that 
regulation before the commencement date. 
 
 
 
 Neville-Rolfe 
 Minister of State for Energy and Intellectual Prope rty 
8th December 2016 Department for Business, Energy a nd Industrial Strategy 
 
 
 
EXPLANATORY NOTE 
(This note is not part of these Regulations) 
Paragraph 6(1) of the Copyright, Designs and Patent s Act 1988 prevents copyright from subsisting 
in an artistic work made before 1st June 1957 which  at the time when the work was made 
constituted a design capable of registration under the Registered Designs Act 1949 or under the 
enactments repealed by that Act, and was used, or i ntended to be used, as a model or pattern to be 
multiplied by an industrial process. 
These Regulations amend paragraph 6 to Schedule 1 o f the Copyright, Designs and Patents Act 
1988 in order to clarify how article 10 of Directiv e 2006/116/EC of the European Parliament and 
of the Council of 12 December 2006 (O.J. No. L 372,  27.12.2006 p. 12) (“the Term Directive”) is 
implemented. A new sub-paragraph is inserted which provides that paragraph 6(1) does not apply 
to an artistic work which was on 1st July 1995 prot ected under the law of another EEA state 
relating to copyright or related rights. 
Paragraph 5 of Schedule 1 to the Copyright, Designs  and Patents Act 1988 is amended to be 
consistent with the changes to paragraph 6, so that  a work is not prevented from qualifying for 
copyright protection under paragraph 5 as a result of the changes to paragraph 6.  3These Regulations also amend regulation 16 of the D uration of Copyright and Rights in 
Performances Regulations 1995 as part of the implem entation of the Term Directive. They revoke 
regulations 24 and 34 subject to transitional provi sions and revoke regulations 25 and 35. 
An impact assessment of the effect that this instru ment will have on the costs of business and the 
voluntary sector is available from the Intellectual  Property Office, Concept House, Cardiff Road, 
Newport NP10 8QQ and is available with the explanat ory memorandum alongside this instrument 
on the Legislation UK website at www.legislation.go v.uk. Copies have also been placed in the 
libraries of both Houses of Parliament. 
  
  
© Crown copyright 2016 
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http://www.legislation.gov.uk/id/uksi/2016/1210