Intellectual Property Rights and copyright> Legislation

There are both primary and secondary sources of legal authority on copyright available. Primary sources are the actual statutes and laws governing copyright . Secondary sources are the organisations who provide information and guidance on copyright matters or who actually license material.

The main primary source of legal authority in the UK is the Copyright Designs and Patents Act (CDPA) 1988. This law was amended by the Copyright and Related Rights Regulations 2003 to comply with EU Directive 2001/29/EC. There is also the Copyright (Visually Impaired Persons) Act 2002.

Examples of secondary sources include the Copyright Licensing Agency (CLA), and the Publishers Association (PA).

Gowers Report on Intellectual Property

Back in December 2005 an independent review, lead by Andrew Gowers, was launched to look at the UK Intellectual (IP) Framework. The resulting report contains a series of recommendations on how the IP regime could be improved. The UK Intellectual Property Office has now launched a consultation to take forward these proposals to change copyright exceptions. The deadline for responses is 8 April 2008.

Visually impaired people and copyright

Under the Copyright (Visually Impaired Persons) Act 2002 libraries and other information centres are permitted to make a copy of a work for physically disabled, visually impaired or blind people. However, it does NOT cover those who are dyslexic. This Act amends the Copyright, Design and Patents Act 1998, so allowing copies to be made to make the information accessible without seeking permission from the copyright holder. An accessible copy means that it is a version of the work which improves access to a reader. Examples include copies in large print, Braille, electronic format, and audio.

One copy of a work may be made. This copy may then be passed on to other visually impaired people. The original version of the work must be kept with the original, so that only one person at a time may view the work. There are some limitations to this right.

• You cannot make a copy if there is an accessible copy already available commercially
• There must be sufficient acknowledgement on the accessible copy of the source, e.g., title, author, copyright holder
• The accessible copy must contain wording saying that it was created under the terms of Section 31A of the Copyright, Designs and Patents Act 1988 as amended by the Copyright (Visually Impaired Persons) Act 2002.
  

Multiple accessible copies of a work may also be made by educational or not-for-profit organisations and institutions. Educational institutions must make sure that the copy is made for educational purposes only. The copy must be made from a work that has been purchased or borrowed from the institution.

Limitations to this right are as for the single copies above. In addition, records must be made detailing the titles and formats of any copies created. These records must be made available to any copyright holders wishing to inspect them.

For more information on the Copyright (Visually Impaired Persons) Act 2002 see the Royal National Institute of Blind People website.

Copyright legislation resources