A LAW to restate and amend the law relating to copyright; to establish rights equivalent to copyright; to establish the rights of persons in relation to designs and performances and remedies for infringement of those rights; to establish rights in respect of the fraudulent reception or decoding of transmissions; to make provision for criminal liability in respect of copyright and other rights established by this Law; to provide for the civil and criminal liability of information society service providers in respect of rights conferred by this Law and by the Patents (Jersey) Law 1957, the Registered Designs (Jersey) Law 1957 and the Trade Marks (Jersey) Law 2000; and for connected purposes.

Commencement [see endnotes]

PART 1

CHAPTER 1 – INTRODUCTORY

1 General interpretation

(1) In this Part, unless the context otherwise requires –

“Agent of the Impôts” shall be construed in accordance with Article 4 of the Customs and Excise (Jersey) Law 1999;

“archivist” includes a person acting on behalf of an archivist;

“British citizen” means a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas Citizen, a British subject or a British protected person within the meaning of the British Nationality Act 1981 of the United Kingdom;

“broadcast” shall be construed in accordance with Article 4;

“Broadcasting Act 1990” means the Broadcasting Act 1990 of the United Kingdom as extended to Jersey by the Broadcasting Act 1990 (Jersey) Order 1991 and the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991 and amended by the Communications Act 2003;

“Broadcasting Act 1996” means the Broadcasting Act 1996 of the United Kingdom as extended to Jersey by the Broadcasting (Jersey) Order 2003 and amended by the Communications Act 2003;

“building” includes any fixed structure and part of a building or fixed structure;

“business” includes a trade or profession;

“committee of inquiry” means a committee of inquiry established by standing orders made under the States of Jersey Law 2005;

“Communications Act 2003” means the Communications Act 2003 of the United Kingdom as extended to Jersey by the Communications (Jersey) Order 2003;

“country” includes any territory, whether an overseas territory of the United Kingdom or a territory of another country, or any part of the British Islands;

“Court” means the Royal Court;

“EEA” means the European Economic Area;

“EEA State” means a State that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th August 1993;

“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;

“employed”, “employee”, “employer” and “employment” refer to employment under a contract of service or of apprenticeship;

“EU Treaties” has the same meaning as in the European Union (Jersey) Law 1973;

“facsimile copy” includes a copy which is reduced or enlarged in scale;

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

“in electronic form” means in a form usable only by electronic means;

“information society service” shall be construed in accordance with Article 8;

“international organization” means an organization the members of which include one or more states;

“judicial proceedings” includes proceedings before any court, committee or person having authority to decide any matter affecting a person’s legal rights or liabilities;

“librarian” includes a person acting on behalf of a librarian;

“licensing authority” shall be construed in accordance with Article 381;

“the Minister” means the Minister for External Relations;

“prescribed” means prescribed by Order made by the Minister for the purposes of the provision in which the expression appears;

“protected area” means the British Islands and the EEA;

“public inquiry” means such an inquiry held pursuant to an enactment (other than an inquiry by a committee of inquiry);

“reprographic copy” and “reprographic copying” refer to copying by means of a reprographic process;

“reprographic process” means a process –

(a) for making facsimile copies; or

(b) involving the use of an appliance for making multiple copies,

and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

“States’ employee” has the meaning given in the Employment of States of Jersey Employees (Jersey) Law 2005;

“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

“wireless broadcast” means a broadcast by means of wireless telegraphy;

“wireless telegraphy” means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose but does not include the transmission of microwave energy between terrestrial fixed points.[1]

(2) In this Law –

(a) a reference to a body corporate includes any partnership or other body which has a legal personality separate from, as the case requires, its partners or members, and a reference to incorporation of a body shall, accordingly, be construed as including a reference to the establishment of such a body;

(b) a reference to an unincorporated body shall not include any partnership or other body which has a legal personality separate from, as the case requires, its partners or members.

(3) A reference to a Minister or any Minister is a reference to a Minister of the States of Jersey.

(4) Unless the context otherwise requires, a reference in this Law to an Act of Parliament or subordinate legislation of the United Kingdom is a reference to that Act or subordinate legislation as amended from time to time and includes a reference to that Act or subordinate legislation as extended or applied by or under a provision of this Law or another enactment, whether of the United Kingdom or of Jersey.

(5) References in a Part of this Law to a Chapter are to the Chapter of that number in that Part.

(6) The Minister may, by Order, amend the definition “protected area” in paragraph (1).

(7) An Order under paragraph (6) may, in amending the definition “protected area”, provide that it has different meanings in different provisions of this Law.

2 Expressions related to copyright

(1) In this Part, unless the context otherwise requires –

“acts restricted by copyright” shall be construed in accordance with Article 30(1);

“adaptation” shall be construed in accordance with Article 36(3);

“article”, in the context of an article in a periodical, includes an item of any description;

“artistic work” means –

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality;

(b) a work of architecture being a building or a model for a building; or

“author”, in relation to a work, shall be construed in accordance with Article 3;

“collective work” means –

(a) a work of joint authorship; or

(b) a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

“commercial publication” shall be construed in accordance with Article 9;

“communication to the public” shall be construed in accordance with paragraph (2);

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

“copyright work” means a work of any of those descriptions in which copyright subsists under Article 13;

“database” has the meaning given in Article 6;

“dramatic work” includes a work of dance or mime;

“exclusive licence” means a licence in writing signed by or on behalf of a copyright owner authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner;

“film” shall be construed in accordance with Article 17;

“future copyright” shall be construed in accordance with Article 119(2);

“graphic work” includes –

(a) any painting, drawing, diagram, map, chart or plan; and

(b) any engraving, etching, lithograph, woodcut or similar work;

“infringing copy” shall be construed in accordance with Article 42;

“licensing body” shall be construed in accordance with Article 145(2);

“licensing scheme” shall be construed in accordance with Article 145(1);

“literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes –

(a) a table or compilation, other than a database;

(b) a computer program;

(d) a database;

“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;

“performance”, in relation to a work –

(a) includes delivery in the case of lectures, addresses, speeches and sermons; and

(b) in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film or broadcast;

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

“producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;

“prospective owner” shall be construed in accordance with Article 119(2);

“publication” shall be construed in accordance with Article 9;

“published edition”, in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works;

“qualifying country” shall be construed in accordance with Article 22(2);

“qualifying person” shall be construed in accordance with Article 21(2);

“rental” shall be construed in accordance with Article 10;

“rental right” means the right of a copyright owner to authorize or prohibit the rental of copies of the work;

“sculpture” includes a cast or model made for purposes of sculpture;

“sound recording” means –

(a) a recording of sounds, from which the sounds may be reproduced; or

(b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced;

“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless –

(a) in the case of a work that has been made available to the public, the work has been made available anonymously;

(b) in the case of a work that has not been made available to the public, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

“typeface” includes an ornamental motif used in printing;

“unauthorized”, as regards anything done in relation to a work, means done otherwise than –

(a) by or with the licence of the copyright owner;

(b) if copyright does not subsist in the work, by or with the licence of the author or, in a case where Article 24(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him or her; or

“unknown authorship” shall be construed in accordance with Article 3;

“work of joint authorship” shall be construed in accordance with Article 3;

“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly.

(2) References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include –

(a) the broadcasting of the work; and

(b) the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.

(3) In this Part, references to the making of a literary, dramatic or musical work shall be construed in accordance with Article 15(2).

(4) In this Part, references to copying a work shall be construed in accordance with Article 31, and references to issuing a copy of the work to the public shall be construed in accordance with Article 32.

3 “Author” and related expressions

(1) In this Part “author” in relation to a work, means the person who creates it.

(2) That person shall be taken to be –

(a) in the case of a sound recording, the producer;

(b) in the case of a film, the producer and the principal director;

(c) in the case of a broadcast, the person making the broadcast or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast; and

(d) in the case of the typographical arrangement of a published edition, the publisher.

(3) In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

(4) For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown, or in the case of a work of joint authorship, if the identity of none of the authors is known.

(5) For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his or her identity by reasonable inquiry, but if his or her identity is once known it shall not subsequently be regarded as unknown.

(6) In this Part a “work of joint authorship” means a work produced by the collaboration of 2 or more authors in which the contribution of each author is not distinct from that of the other author or authors.

(7) A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.

(8) A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast.

(9) References in this Part to the author of a work shall, except as otherwise provided, be construed in relation to a work of joint authorship as references to all the authors of the work.

4 “Broadcast” and related expressions

(1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which –

(a) is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them; or

(b) is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

and which is not excepted by paragraph (2); and references to broadcasting shall be construed accordingly.

(2) Excepted from the definition of “broadcast” is any internet transmission unless it is –

(a) a transmission taking place simultaneously on the internet and by other means;

(b) a concurrent transmission of a live event; or

(c) a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person.

(3) An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

(4) References in this Part to the person making a broadcast or a transmission which is a broadcast are –

(a) to the person transmitting the programme, if he or she has responsibility to any extent for its contents; and

(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission,

and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.

(5) For the purposes of this Part, the place from which a wireless broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication, including in the case of a satellite transmission, the chain leading to the satellite and down towards the earth.

(6) The relaying of a broadcast by reception and immediate re-transmission shall be regarded for the purposes of this Part as a separate act of broadcasting from the making of the broadcast which is so re-transmitted.

(7) Paragraphs (4) and (5) have effect subject to Article 11.

(8) References in this Part to the reception of a broadcast include reception of a broadcast relayed by the means of a telecommunications system.

5 Copyright owner: construction of references

(1) Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part shall be the person who is entitled to the aspect of copyright relevant for that purpose.

(2) Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner shall be to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.

6 “Database”

(1) In this Part “database” means a collection of independent works, data or other materials which –

(a) are arranged in a systematic or methodical way; and

(b) are individually accessible by electronic or other means.

(2) For the purposes of this Part, a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database, the database constitutes the author’s own intellectual creation.

7 “Educational establishment” and related expressions

(1) In this Part “educational establishment” means –

(a) a school, within the meaning of the Education (Jersey) Law 1999; and

(b) any other description of establishment (to the extent that it provides instruction) as may be prescribed.

(2) The Minister may by Order provide that the provisions of this Part relating to educational establishments shall apply, with any modifications and adaptations as may be specified in the Order, in relation to teachers who are employed on behalf of the States to give instruction elsewhere to pupils who are unable to attend an educational establishment.

(3) In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.

(4) References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.

8 “Information society service”

(1) In this Part “information society service” means any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.

(2) For the purposes of paragraph (1) –

“at a distance” means that the service is provided without the parties being simultaneously present;

“by electronic means” means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electro-magnetic means;

“at the individual request of a recipient of services” means that the service is provided through the transmission of data on individual request.

(3) The following table contains matter indicative of the services not covered by the definition “information society service” –

1. Services not provided ‘at a distance’
Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:
(a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;
(b) consultation of an electronic catalogue in a shop with the customer on site;
(c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;
(d) electronic games made available in a video-arcade where the customer is physically present.
2. Services not provided ‘by electronic means’
Services having material content even though provided via electronic devices:
(a) automatic cash or ticket dispensing machines (banknotes, rail tickets);
(b) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made;
Off-line services: distribution of CD roms or software on diskettes;
Services which are not provided via electronic processing/inventory systems:
(a) voice telephony services;
(b) telefax/telex services;
(c) services provided via voice telephony or fax;
(d) telephone/telefax consultation of a doctor;
(e) telephone/telefax consultation of a lawyer;
(f) telephone/telefax direct marketing.
3. Services not supplied ‘at the individual request of a recipient of services’
Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):
(a) television broadcasting services (including near-video on-demand services) and, for this purpose “television broadcasting” –
	(i) means the initial transmission by wire or over the air, including that by satellite, in unencoded or encoded form, of television programmes intended for reception by the public,
	(ii) includes the communication of programmes between undertakings with a view to their being relayed to the public, and
	(iii) does not include communication services providing items of information or other messages on individual demand such as telecopying, electronic data banks and other similar services;
(b) radio broadcasting services;
(c)(televised) teletext.

(4) The Minister may, by Order, amend the definition “information society service”, associated definitions in paragraph (2) and any matter indicative of the services covered, or not covered, by the definition.

9 “Publication” and “commercial publication”

(1) In this Part “publication”, in relation to a work –

(a) means the issue of copies to the public; and

(b) includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system,

and related expressions shall be construed accordingly.

(2) In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means –

(a) issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public; or

(b) making the work available to the public by means of an electronic retrieval system,

and related expressions shall be construed accordingly.

(3) In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.

(4) The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly –

(a) in the case of a literary, dramatic or musical work –

(i) the performance of the work, or

(ii) the communication to the public of the work (otherwise than for the purposes of an electronic retrieval system);

(b) in the case of an artistic work –

(i) the exhibition of the work,

(ii) the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship,

(iii) the issue to the public of copies of a film including the work, or

(iv) the communication to the public of the work (otherwise than for the purposes of an electronic retrieval system);

(i) the work being played or shown in public, or

(ii) the communication to the public of the work.

(5) References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.

(6) No account shall be taken for the purposes of this Article of any unauthorized act.

10 “Rental”

(1) In this Part, subject to paragraph (3), “rental” means making a copy of a work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage.

(2) The expression “rental” does not include –

(a) making available for the purpose of public performance, playing or showing in public or communication to the public;

(b) making available for the purpose of exhibition in public; or

(3) References in this Part to the rental of copies of a work include the rental of the original.

11 Satellite broadcasts: deemed broadcaster and place of broadcast

(1) This Article applies where the place from which a broadcast by way of satellite transmission is made is located in a country outside Jersey and the law of that country fails to provide at least the following level of protection –

(a) exclusive rights in relation to wireless broadcasting equivalent to those conferred by Article 35 on the authors of literary, dramatic, musical and artistic works, films and broadcasts;

(b) a right in relation to live wireless broadcasting equivalent to that conferred on a performer by Article 265(1)(b); and

(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the wireless broadcasting of sound recordings.

(2) Where the place from which the programme-carrying signals are transmitted to the satellite (“the uplink station”) is located in Jersey –

(a) the person operating the uplink station shall be treated as the person making the broadcast; and

(b) that place shall be treated as the place from which the broadcast is made.

(3) Where the uplink station is not located in Jersey but a person who is established in Jersey has commissioned the making of the broadcast –

(a) that person shall be treated as the person making the broadcast; and

(b) the place in which he or she has his or her principal establishment in Jersey shall be treated as the place from which the broadcast is made.

12 General provisions as to construction

(1) This Part restates and amends the law of copyright, that is, the provisions of the Copyright Act 1911 of the United Kingdom, and the Musical Copyright Act 1906 of the United Kingdom, as extended to and having effect in Jersey.

(2) A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.

(3) Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.

(4) In this Article a reference to this Part includes the provisions of Part 9 as they apply for the purpose of this Part.

chapter 2 – subsistence, ownership and duration of copyright

13 Copyright

(1) Copyright is a property right which subsists in accordance with this Part in the following descriptions of work –

(a) original literary, dramatic, musical or artistic works;

(b) sound recordings, films or broadcasts;

(2) Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met.

14 Rights subsisting in copyright works

(1) The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter 3 as the acts restricted by the copyright in a work of that description.

(2) In relation to certain descriptions of copyright work the following rights conferred by Chapter 5 subsist in favour of the author, director or commissioner of the work, whether or not he or she is the owner of the copyright –

(a) the right to be identified as author or director under Article 105;

(b) the right to object to derogatory treatment of work under Article 108;

15 Literary, dramatic and musical works: restriction on copyright

(1) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise.

(2) References in this Part to the time at which a literary, dramatic or musical work is made are to the time at which it is so recorded.

(3) It is immaterial for the purposes of paragraph (1) whether the work is recorded by or with the permission of the author.

(4) Where the work is not recorded by the author, nothing in paragraph (1) affects the question whether copyright subsists in the record as distinct from the work recorded.

16 Sound recordings: restriction on copyright

Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.

17 Films: restriction on copyright

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

(2) The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.

(3) Without prejudice to the generality of paragraph (2), where that paragraph applies –

(a) references in this Part to showing a film include playing the film sound track to accompany the film;

(b) references in this Part to playing a sound recording, or to communicating a sound recording to the public, do not include playing or communicating the film sound track to accompany the film;

(c) references in this Part to copying a work, so far as they apply to a sound recording, do not include copying the film sound track to accompany the film; and

(d) references in this Part to the issuing or rental of copies of a work, so far as they apply to a sound recording, do not include the issuing or rental of copies of the sound track to accompany the film.

(4) Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.

(5) Nothing in this Article affects any copyright subsisting in a film sound track as a sound recording.

18 Broadcasts: restriction on copyright

Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast.

19 Published editions: restriction on copyright

Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.

20 Qualification for copyright protection

(1) Copyright does not subsist in a work unless the qualification requirements of Articles 21 to 23 are satisfied as regards –

(a) the author;

(b) the country in which the work was first published; or

(2) Paragraph (1) does not apply in relation to States Assembly copyright, States copyright or Crown copyright, or to copyright which subsists by virtue of Article 188.

(3) If the qualification requirements of Articles 21 to 23 or Article 182, 183, 184 or 188 are once satisfied in respect of a work, copyright does not cease to subsist by reason of any subsequent event.

21 Qualification by reference to author

(1) A work qualifies for copyright protection if the author was at the material time a qualifying person.

(2) In this Part “qualifying person” means –

(a) a British citizen;

(b) an individual domiciled or resident in Jersey;

(d) so far as provision is made by Order under Article 399, a person prescribed by the Order for the purpose of extending the application of a right conferred by this Part.

(3) A work of joint authorship qualifies for copyright protection if at the material time any of the authors is a qualifying person, but where a work qualifies for copyright protection only under this Article, only those authors who satisfy that requirement shall be taken into account for the purposes of –

(a) Article 24(1) and (2);

(b) Article 25, and Article 3(4), so far as it applies for the purposes of Article 25;

(d) Article 94.

(4) The material time in relation to a literary, dramatic, musical or artistic work is –

(a) in the case of an unpublished work, when the work was made or, if the making of the work extended over a period, a substantial part of that period; or

(b) in the case of a published work, when the work was first published or, if the author had died before that time, immediately before his or her death.

(5) The material time in relation to descriptions of work other than those specified in paragraph (4) is as follows –

(a) in the case of a sound recording or film, when it was made;

(b) in the case of a broadcast, when the broadcast was made;

22 Qualification by reference to country of first publication

(1) A literary, dramatic, musical or artistic work, a sound recording or film, or the typographical arrangement of a published edition, qualifies for copyright protection if it is first published in a qualifying country.

(2) In this Part “qualifying country” means –

(a) Jersey; or

(b) so far as provision is made by Order under Article 399, a country prescribed by the Order for the purpose of extending the application of a right conferred by this Part.

(3) For the purposes of this Article, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere, and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

23 Qualification by reference to place of transmission

A broadcast qualifies for copyright protection if it is made from a place in a qualifying country.

24 Who is the first owner of copyright

(1) The author of a work is the first owner of any copyright in it, subject to the following provisions of this Article.

(2) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his or her employment, his or her employer is the first owner of any copyright in the work subject to any agreement to the contrary.

(3) This Article does not apply to States Assembly copyright, States copyright or Crown copyright, or to copyright which subsists by virtue of Article 188.

25 Duration of copyright in literary, dramatic, musical or artistic works

(1) This Article has effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.

(3) If the work is of unknown authorship, copyright expires –

(a) at the end of the period of 70 years from the end of the calendar year in which the work was made; or

(b) if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,

subject as follows.

(4) Paragraph (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (3)(a) or (b).

(5) For the purposes of paragraph (3) making available to the public includes –

(a) in the case of a literary, dramatic or musical work –

(i) performance in public, or

(ii) communication to the public;

(b) in the case of an artistic work –

(i) exhibition in public,

(ii) a film including the work being shown in public, or

(iii) communication to the public,

but in determining generally for the purposes of that paragraph whether a work has been made available to the public no account shall be taken of any unauthorized act.

(6) If the work is computer-generated paragraphs (1) to (5) do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.

(7) This Article is adapted as follows in relation to a work of joint authorship –

(a) the reference in paragraph (2) to the death of the author shall be construed –

(i) if the identity of all the authors is known, as a reference to the death of the last of them to die, and

(ii) if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;

(b) the reference in paragraph (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known.

(8) This Article does not apply to States Assembly copyright, States copyright or Crown copyright, or to copyright which subsists by virtue of Article 188.

26 Duration of copyright in sound recordings

(1) This Article has effect with respect to the duration of copyright in a sound recording.

(2) Copyright expires –

(a) at the end of the period of 50 years from the end of the calendar year in which the recording is made;

(b) if during that period the recording is published, 50 years from the end of the calendar year in which it is first published; or

(c) if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, 50 years from the end of the calendar year in which it is first so made available,

but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorized act.

27 Duration of copyright in films

(1) This Article has effect with respect to the duration of copyright in a film.

(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons –

(a) the principal director;

(b) the author of the screenplay;

(d) the composer of music specially created for and used in the film,

subject as follows.

(3) If the identity of one or more of the persons referred to in paragraph (2)(a) to (d) is known and the identity of one or more others is not, the reference in that paragraph to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.

(4) If the identity of the persons referred to in paragraph (2)(a) to (d) is unknown, copyright expires –

(a) at the end of the period of 70 years from the end of the calendar year in which the film was made; or

(b) if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.

(5) Paragraphs (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (4)(a) or (b).

(6) For the purposes of paragraph (4) making available to the public includes –

(a) showing in public; or

(b) communicating to the public,

but in determining generally for the purposes of paragraph (4) whether a film has been made available to the public no account shall be taken of any unauthorized act.

(7) If in any case there is no person falling within paragraph (2)(a) to (d), the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.

(8) For the purposes of this Article the identity of any of the persons referred to in paragraph (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to ascertain his or her identity by reasonable inquiry, but if the identity of any such person is once known it shall not subsequently be regarded as unknown.

(9) This Article does not apply to States Assembly copyright, States copyright or Crown copyright.

28 Duration of copyright in broadcasts

(1) This Article has effect with respect to the duration of copyright in a broadcast.

(2) Subject to paragraph (3), copyright in a broadcast expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made.

(3) Copyright in a repeat broadcast expires at the same time as the copyright in the original broadcast and, accordingly, no copyright arises in respect of a repeat broadcast which is broadcast after the expiry of the copyright in the original broadcast.

(4) In this Article, “repeat broadcast” means one which is a repeat of a broadcast previously made.

29 Duration of copyright in typographical arrangement of published editions

Copyright in the typographical arrangement of a published edition shall expire at the end of the period of 25 years from the end of the calendar year in which the edition was first published.

chapter 3 – rights of copyright owner

30 Acts restricted by copyright in a work

(1) The owner of the copyright in a work has, in accordance with this Chapter, the exclusive right to do the following acts in Jersey –

(a) to copy the work;

(b) to issue copies of the work to the public;

(d) to perform, show or play the work in public;

(e) to communicate the work to the public;

(f) to make an adaptation of the work or do any of the above in relation to an adaptation.

(2) Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorizes another to do, any of the acts restricted by the copyright.

(3) References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it –

(a) in relation to the work as a whole or any substantial part of it; and

(b) either directly or indirectly,

and it is immaterial whether any intervening acts themselves infringe the copyright.

(4) This Chapter has effect subject to Chapters 4 and 8.

31 Primary infringement: copying

(1) The copying of work is an act restricted by the copyright in every description of copyright work, and references in this Part to copying and copies shall be construed as follows.

(2) Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form and includes storing the work in any medium by electronic means.

(3) In relation to an artistic work, copying includes the making of a copy in 3 dimensions of a 2-dimensional work and the making of a copy in 2 dimensions of a 3-dimensional work.

(4) Copying in relation to a film or broadcast includes making a photograph of the whole or any substantial part of any image forming part of the film or broadcast.

(5) Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

(6) Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.

32 Primary infringement: issue of copies to the public

(1) The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.

(2) References in this Part to the issue to the public of copies of a work are to –

(a) the act of putting into circulation in the protected area copies not previously put into circulation in the protected area by or with the consent of the copyright owner; or

(b) the act of putting into circulation outside the protected area copies not previously put into circulation in the protected area or elsewhere.

(3) References in this Part to the issue to the public of copies of a work do not include –

(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation; or

(b) any subsequent importation of those copies into the protected area,

except so far as paragraph (2)(a) applies to putting into circulation in the protected area copies previously put into circulation outside the protected area.

(4) References in this Part to the issue of copies of a work include the issue of the original.

33 Primary infringement: rental of work to the public

The rental of copies of the work to the public is an act restricted by the copyright in –

(a) a literary, dramatic or musical work;

(b) an artistic work, other than –

(i) a work of architecture in the form of a building or a model for a building, or

(ii) a work of applied art; or

34 Primary infringement: performance, showing or playing of work in public

(1) The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.

(2) The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film or broadcast.

(3) Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds conveyed by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance, the performers, shall not be regarded as responsible for the infringement.

35 Primary infringement: communication to the public

The communication to the public of the work is an act restricted by the copyright in –

(a) a literary, dramatic, musical or artistic work;

(b) a sound recording or film; or

36 Primary infringement: making adaptation or act done in relation to adaptation

(1) The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work and for this purpose an adaptation is made when it is recorded, in writing or otherwise.

(2) The doing of any of the acts specified in Articles 31 to 35, or paragraph (1), in relation to an adaptation of a work is also an act restricted by the copyright in a literary, dramatic or musical work and for this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

(3) In this Part “adaptation” –

(a) in relation to a literary work, other than a computer program or a database or in relation to a dramatic work, means –

(i) a translation of the work,

(ii) a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work, and

(iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;

(b) in relation to a computer program, means an arrangement or altered version of the program or a translation of it;

(d) in relation to a musical work, means an arrangement or transcription of the work.

(4) In this Part, in relation to a computer program, a “translation” includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code.

(5) No inference shall be drawn from this Article as to what does or does not amount to copying a work.

37 Secondary infringement: importing infringing copy

The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into Jersey, otherwise than for his or her private and domestic use, an article which is, and which he or she knows or has reason to believe is, an infringing copy of the work.

38 Secondary infringement: possessing or dealing with infringing copy

The copyright in a work is infringed by a person who, without the licence of the copyright owner –

(a) possesses in the course of a business;

(b) sells or lets for hire, or offers or exposes for sale or hire;

(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he or she knows or has reason to believe is, an infringing copy of the work.

39 Secondary infringement: providing means for making infringing copies

(1) Copyright in a work is infringed by a person who, without the licence of the copyright owner –

(a) makes;

(b) imports into Jersey;

(d) sells or lets for hire, or offers or exposes for sale or hire,

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.

(2) Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by means of a telecommunications system (otherwise than by communication to the public), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in Jersey or elsewhere.

40 Secondary infringement: liability of person permitting use of premises for infringing performance

(1) Where the copyright in a literary, dramatic or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless when he or she gave permission he or she believed on reasonable grounds that the performance would not infringe copyright.

(2) In this Article “place of public entertainment” includes premises which are occupied mainly for other purposes but are from time to time made available for hire for the purposes of public entertainment.

41 Secondary infringement: liability of persons for supply etc. of apparatus for infringing performance, etc.

(1) Where copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, by means of apparatus for –

(a) playing sound recordings;

(b) showing films; or

the following persons are also liable for the infringement.

(2) A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if when he or she supplied the apparatus or part –

(a) he or she knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright; or

(b) in the case of apparatus whose normal use involves a public performance, playing or showing, he or she did not believe on reasonable grounds that it would not be so used as to infringe copyright.

(3) An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if when he or she gave permission he or she knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright.

(4) A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if when he or she supplied it he or she knew or had reason to believe that what he or she supplied, or a copy made directly or indirectly from it, was likely to be so used as to infringe copyright.

42 Meaning of “infringing copy”

(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this Article.

(2) An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.

(3) An article is also an infringing copy if –

(a) it has been or is proposed to be imported into Jersey; and

(b) its making in Jersey would have constituted an infringement of the copyright in the work in question, or a breach of an exclusive licence agreement relating to that work.

(4) Where in any proceedings the question arises whether an article is an infringing copy and it is shown –

(a) that the article is a copy of the work; and

(b) that copyright subsists in the work or has subsisted at any time,

it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.

(5) Nothing in paragraph (3) is to be construed as applying to an article which it would have been lawful to import into Jersey pursuant to any right available by virtue of Article 2(1) of the European Union (Jersey) Law 1973 if –

(a) that Law had not been repealed;

(b) the Protocol described in Article 1(4B)(a) of that Law was still in effect; and

(6) In this Part “infringing copy” includes a copy falling to be treated as an infringing copy by virtue of any of Articles 49(4) and (5), 50(4), 55(5), 58(4), 59(5), 60(2)(b), 84(2), 91(2), 96(4), 98(2) and 99(2), or any provision of an Order under Article 179(1) and (5).[3]

CHAPTER 4 – ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS

43 Chapter 4: introductory

(1) This Chapter specifies acts which may be done in relation to copyright works notwithstanding the subsistence of copyright.

(2) This Chapter relates only to the question of infringement of copyright and, except as expressly provided by this Law, does not affect any other right or obligation restricting the doing of any of the specified acts.

(3) Where it is provided by this Chapter that an act does not infringe copyright, or may be done without infringing copyright, and no particular description of copyright work is mentioned, the act in question does not infringe copyright in a work of any description.

(4) No inference shall be drawn from the description of any act which may by virtue of this Chapter be done without infringing copyright as to the scope of the acts restricted by the copyright in any description of work.

(5) The provisions of this Chapter are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.

44 Power to amend Chapter 4

(1) The States may, by Regulations, amend in this Chapter the acts which may be done in relation to copyright works, notwithstanding the subsistence of copyright.

(2) Regulations under paragraph (1) may also amend this Chapter so as to provide that an agreement is void to the extent that it purports to prohibit or restrict an act which would, but for a provision of this Chapter, infringe copyright.

(3) Regulations under paragraph (1) may also amend –

(a) any other provision of this Law which applies or otherwise refers to any provision of this Chapter;

(b) any other provision of this Law, consequentially upon any amendment of this Chapter.

General

45 Making of temporary copies

Copyright in a literary, dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable –

(a) a transmission of the work in a network between third parties by an intermediary; or

(b) a lawful use of the work,

and which has no independent economic significance.

46 Research and private study

(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement.

(2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement.

(3) Copying by a person other than the researcher or student himself or herself is not fair dealing if –

(a) in the case of a librarian, or a person acting on behalf of a librarian, he or she does anything which an Order under Article 63 would not permit to be done under Article 61 or 62; or

(b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.

(4) It is not fair dealing –

(a) to convert a computer program expressed in a low level language into a version expressed in a higher level language; or

(b) incidentally in the course of so converting the program, to copy it,

(these acts being permitted if done in accordance with Article 75).

(5) It is not fair dealing to observe, study or test the functioning of a computer program in order to determine the ideas and principles which underlie any element of the program (these acts being permitted if done in accordance with Article 76).

47 Criticism, review and news reporting

(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe copyright in the work if it is accompanied by a sufficient acknowledgement.

(2) Subject to paragraph (3), fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.

(3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film or broadcast.

(4) An agreement is void to the extent that it purports to prohibit or restrict an act which would, apart from this Article, infringe copyright.

48 Incidental inclusion of copyright material

(1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast.

(2) Nor is the copyright infringed by anything done in relation to copies of, or the playing, showing or communication to the public of, anything whose making was, by virtue of paragraph (1), not an infringement of the copyright.

(3) A musical work, words spoken or sung with music, or so much of a sound recording or broadcast as includes a musical work or such words, shall not be regarded as incidentally included in another work if it is deliberately included.

Disabled persons

49 Disabled persons: copies of works for personal use[4]

(1) This Article applies if –

(a) a disabled person has lawful access to a copy of the whole or part of a work; and

(b) that person’s disability prevents the person from enjoying the work to substantially the same degree as a person who does not have that disability.

(2) The making of an accessible copy of the copy of the work referred to in paragraph (1)(a) does not infringe copyright if –

(a) the copy is made by the disabled person or by a person acting on behalf of the disabled person; and

(b) the copy is made for the disabled person’s personal use.

(3) Except where the transfer is authorised by the copyright owner, copyright is infringed by the transfer of an accessible copy of a work made under this Article to any person other than –

(a) a person by or for whom an accessible copy of the work may be made under this Article; or

(b) a person who intends to transfer the copy to a person falling within sub-paragraph (a).

(4) An accessible copy of a work made under this Article is to be treated for all purposes as an infringing copy if it is held by a person at a time when the person does not fall within paragraph (3)(a) or (b).

(5) If an accessible copy made under this Article is subsequently dealt with –

(a) it is to be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(6) In paragraph (5), “dealt with” means sold or let for hire or offered or exposed for sale or hire or communicated to the public.

50 Making, communicating, making available or distributing of accessible copies by authorised bodies[5]

(1) An authorised body may, without infringing copyright, on a non-profit basis for the personal use of disabled persons in Jersey or a Marrakesh Contracting State, make, communicate, make available or distribute accessible copies of a work which has been published or otherwise made available if the body –

(a) has lawful access to the whole or part of the work; and

(b) complies with paragraph (2).

(2) An authorised body complies with this paragraph if it –

(a) distributes, communicates or makes available accessible copies only to disabled persons or other authorised bodies;

(b) takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies;

(d) publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in sub-paragraphs (a), (b) and (c).

(3) For the purposes of paragraph (1) communicating, making available, or distributing for the personal use of disabled persons includes communicating, making available or distributing to a person acting on behalf of a disabled person.

(4) If an accessible copy made under this Article is subsequently dealt with –

(a) it is to be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(5) In paragraph (4), “dealt with” means sold or let for hire or offered or exposed for sale or hire or communicated to the public.

(6) An authorised body which has made an accessible copy of a work under this Article may communicate, make available or distribute it to another authorised body established in Jersey or a Marrakesh Contracting State for the purposes of enabling that other body to make accessible copies of the work.

51 Making, communicating, making available, distributing or lending of intermediate copies by authorised bodies[6]

(1) An authorised body which is entitled to make an accessible copy of a work under Article 50 may, without infringing copyright, make a copy of the work (“an intermediate copy”) if this is necessary in order to make the accessible copy.

(2) An authorised body which has made an intermediate copy of a work under this Article may communicate, make available, distribute or lend it on a non-profit basis to another authorised body established in Jersey or a Marrakesh Contracting State for the purposes of enabling that other body to make accessible copies of the work.

(3) Copyright is infringed by the transfer of an intermediate copy made under this Article to a person other than another authorised body as permitted by paragraph (2), except where the transfer is authorised by the copyright owner.

52 Accessible and intermediate copies: records and notification[7]

(1) A person listed in paragraph (3) may, on payment of such fee as may be prescribed, request an authorised body to provide the person with the information in paragraph (4) if the authorised body –

(a) makes accessible copies under Article 50; or

(b) makes intermediate copies under Article 51.

(2) On receipt of a request under paragraph (1), an authorised body must provide the information to the person in an accessible way within a reasonable time.

(3) The persons who may make a request under paragraph (1) are –

(a) any disabled person;

(b) another authorised body;

(4) The information that must be provided by the authorised body is –

(a) the list of works for which it has accessible copies and the available formats; and

(b) the name and contact details of any authorised body established in a Marrakesh Contracting State from which it has accessed or imported, or to which it has exported, an accessible copy.

53 Articles 49 to 52: definitions and other supplementary provisions[8]

(1) This Article supplements Articles 49 to 52 and includes definitions for the purposes of those Articles.

(2) An “accessible copy” of a copyright work means a version of the work which enables disabled persons to access the work, including accessing it as feasibly and comfortably as a person who is not a disabled person.

(3) An accessible copy –

(a) may include facilities for navigating around the version of the work; but

(b) must not include any changes to the work which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.

(4) “Authorised body” means –

(a) an educational establishment; or

(b) a body that is not conducted for profit.

(5) “Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly.

(6) But a person is not to be regarded as disabled by reason only of an impairment of visual function which can be improved, for example by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light.

(7) “Marrakesh Contracting State” means a country or territory that is party to, or subject to, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled signed in Marrakesh on 27th June 2013.

(8) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of Articles 42, 49, 50 or 51, would not infringe copyright, that term is unenforceable.

(9) A copy of a work does not infringe any intellectual property right for the purpose of the Community Provisions (Goods Suspected of Infringing Intellectual Property Rights) (Jersey) Regulations 2014 if it is –

(a) made under Article 49, 50 or 51 and is not an infringing copy;

(b) an accessible copy created in a Marrakesh Contracting State for personal use by a disabled person; or

54 [9]

Education

55 Things done for purposes of instruction or examination

(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying –

(a) is done by a person giving or receiving instruction; and

(b) is not done by means of a reprographic process.

(2) Copyright in a sound recording, film or broadcast is not infringed by its being copied by making a film or film sound track in the course of instruction, or of preparation for instruction, in the making of films or film sound tracks, provided the copying is done by a person giving or receiving instruction.

(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.

(4) Paragraph (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

(5) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright, for all subsequent purposes.

(6) For the purposes of paragraph (5) “dealt with” means sold or let for hire or offered or exposed for sale or hire.

56 Anthologies for educational use

(1) The inclusion of a short passage from a published literary or dramatic work in a collection which is –

(a) intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher; and

(b) consists mainly of material in which no copyright subsists,

does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.

(2) Paragraph (1) does not authorize the inclusion of more than 2 excerpts from copyright works by the same author in collections published by the same publisher over any period of 5 years.

(3) In relation to any given passage the reference in paragraph (2) to excerpts from works by the same author –

(a) shall be taken to include excerpts from works by him or her in collaboration with another; and

(b) if the passage in question is from one of those works, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.

(4) References in this Article to the use of a work in an educational establishment are to any use for the educational purposes of that establishment.

57 Performing, playing or showing work in course of activities of educational establishment

(1) The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment –

(a) by a teacher or pupil in the course of the activities of the establishment; or

(b) at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

(2) The playing or showing of a sound recording, film or broadcast before such an audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.

(3) A person is not for this purpose directly connected with the activities of the educational establishment simply because he or she is the parent of a pupil at the establishment.

58 Recording by educational establishments of broadcasts

(1) A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast or in any work included in it.

(2) Copyright is not infringed where a recording of a broadcast or a copy of such a recording, whose making was by virtue of paragraph (1) not an infringement of copyright, is communicated to the public by a person situated within the premises of an educational establishment provided that the communication cannot be received by any person situated outside the premises of that establishment.

(3) This Article does not apply if or to the extent that there is a licensing scheme notified for the purposes of this Article in accordance with Article 180.

(4) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright, for all subsequent purposes.

(5) For the purposes of paragraph (4) “dealt with” means sold or let for hire or offered or exposed for sale or hire, or communicated from within the premises of an educational establishment to any person situated outside those premises.

59 Reprographic copying by educational establishments of passages from works

(1) Reprographic copies of passages from literary, dramatic or musical works may, to the extent permitted by this Article, be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) Not more than one per cent of any work may be copied by or on behalf of an establishment by virtue of this Article in any quarter, that is, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 30th September or 1st October to 31st December.

(3) The terms of a licence granted to an educational establishment authorizing the reprographic copying for the purposes of instruction of passages from works shall be of no effect so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted under this Article.

(4) This Article does not apply if or to the extent that there is a licensing scheme notified for the purposes of this Article in accordance with Article 180.

(5) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright, for all subsequent purposes.

(6) For the purposes of paragraph (5) “dealt with” means sold or let for hire or offered or exposed for sale or hire.

Libraries and archives

60 Declarations as to use of works and liability for false declarations

(1) The Minister may by Order provide that, where a librarian or archivist is required to be satisfied as to any matter before making or supplying a copy of a work –

(a) he or she may rely on a signed declaration as to that matter by the person requesting the copy, unless he or she is aware that it is false in a material particular; and

(b) in any prescribed case, he or she shall not make or supply a copy in the absence of a signed declaration in the form that is prescribed.

(2) Where a person requesting a copy makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him or her –

(a) he or she shall be liable for infringement of copyright as if he or she had made the copy himself or herself; and

(b) the copy shall be treated as an infringing copy.

61 Copying by librarians: articles in periodicals

(1) The librarian of a prescribed library may, if the prescribed conditions are complied with, make and supply a copy of an article in a periodical without infringing any copyright in the text, in any illustrations accompanying the text or in the typographical arrangement.

(2) The prescribed conditions shall include the following –

(a) that copies are supplied only to persons satisfying the librarian that they require them for the purposes of research or private study and will not use them for any other purpose;

(b) that no person shall be furnished with more than one copy of the same article or with copies of more than one article contained in the same issue of a periodical;

(i) where a fee is prescribed, are required to pay that fee,

(ii) where a minimum fee is prescribed, are required to pay a fee that is not less than that fee, or

(iii) where a maximum fee is prescribed, may be required to pay a fee not exceeding that fee.

(3) The fact that no fee is prescribed for the purposes of paragraph (2)(c) shall not prevent a person to whom copies are supplied being charged for them.

62 Copying by librarians: parts of published works

(1) The librarian of a prescribed library may, if the prescribed conditions are complied with, make and supply from a published edition a copy of a literary, dramatic, or musical work (other than an article in a periodical) without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) The prescribed conditions shall include the following –

(a) that copies are supplied only to persons satisfying the librarian that they require them for the purposes of research or private study, and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same material or with a copy of more than a reasonable proportion of any work;

(i) where a fee is prescribed, are required to pay that fee,

(ii) where a minimum fee is prescribed, are required to pay a fee that is not less than that fee, or

(iii) where a maximum fee is prescribed, may be required to pay a fee not exceeding that fee.

(3) The fact that no fee is prescribed for the purposes of paragraph (2)(c) shall not prevent a person to whom copies are supplied being charged for them.

63 Restriction on production of multiple copies of the same material

(1) Orders for the purposes of Articles 61 and 62 shall contain provision to the effect that a copy shall be supplied only to a person satisfying the librarian that his or her requirement is not related to any similar requirement of another person.

(2) The Orders may provide –

(a) that requirements shall be regarded as similar if the requirements are for copies of substantially the same material at substantially the same time and for substantially the same purpose; and

(b) that requirements of persons shall be regarded as related if those persons receive instruction to which the material is relevant at the same time and place.

64 Copying by librarians: supply of copies to other libraries

(1) The librarian of a prescribed library may, if the prescribed conditions are complied with, make and supply to another prescribed library a copy of –

(a) an article in a periodical; or

(b) the whole or part of a published edition of a literary, dramatic or musical work,

without infringing any copyright in the text of the article or, as the case may be, in the work, in any illustrations accompanying it or in the typographical arrangement.

(2) Paragraph (1) does not apply if at the time the copy is made the librarian making it knows, or could by reasonable inquiry ascertain, the name and address of a person entitled to authorize the making of the copy.

65 Copying by librarians or archivists: replacement copies of works

(1) The librarian or archivist of a prescribed library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive –

(a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it; or

(b) in order to replace in the permanent collection of another prescribed library or archive an item which has been lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying that work or, in the case of a published edition, in the typographical arrangement.

(2) The prescribed conditions shall include provision for restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item in question to fulfil that purpose.

66 Copying by librarians or archivists: material not previously made available to public

(1) The librarian or archivist of a prescribed library or archive may, if the prescribed conditions are complied with, make and supply a copy of the whole or part of any document, film, sound recording or other matter in the library or archive without infringing any copyright in any work recorded or comprised in it.

(2) This Article does not apply if –

(a) the document, film, sound recording or other matter was published before it was deposited in the library or archive; or

(b) an owner of a copyright work recorded or comprised in it has prohibited copying of the work,

and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact.

(3) The prescribed conditions shall include the following –

(a) that copies are supplied only to persons satisfying the librarian or archivist that they require them for the purposes of research or private study and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same material; and

(i) where a fee is prescribed, are required to pay that fee,

(ii) where a minimum fee is prescribed, are required to pay a fee that is not less than that fee, or

(iii) where a maximum fee is prescribed, may be required to pay a fee not exceeding that fee.

(4) The fact that no fee is prescribed for the purposes of paragraph (3)(c) shall not prevent a person to whom copies are supplied being charged for them.

(5) For the purposes of this Article, a document, film, sound recording or other matter is published if –

(a) copies of it are issued to the public; or

(b) it is made available to the public by way of an electronic retrieval system.

67 Copy of work required to be made as condition of export

If an article of cultural or historical importance or interest cannot lawfully be exported from Jersey unless a copy of it is made and deposited in an appropriate library or archive, it is not an infringement of copyright to make that copy.

Public administration

68 States Assembly and judicial proceedings

(1) Copyright is not infringed by anything done for the purposes of proceedings of the States Assembly or judicial proceedings.

(2) Copyright is not infringed by anything done for the purposes of reporting those proceedings.

(3) Paragraph (2) shall not be construed as authorizing the copying of a work which is itself a report of the proceedings that has been made available to the public.

69 Committees of inquiry and public inquiries

(1) Copyright is not infringed by anything done for the purposes of the proceedings of a committee of inquiry or a public inquiry.

(2) Copyright is not infringed by anything done for the purpose of reporting those proceedings held in public.

(3) Paragraph (2) shall not be construed as authorizing the copying of a work which is itself a report of the proceedings that has been made available to the public.

(4) Copyright in a work is not infringed by the issue or communication to the public of copies of the report of a committee of inquiry or a public inquiry containing the work or material from it.

70 Copyright material open to public inspection or on official register

(1) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public.

(2) Where material is open to public inspection pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material or the communication of the material to the public, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.

(3) Where material which is open to public inspection pursuant to a statutory requirement, or which is on a statutory register, contains information about matters of general scientific, technical, commercial or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material or the communication of the material to the public, by or with the authority of the appropriate person, for the purposes of disseminating that information.

(4) The Minister may by Order provide that paragraphs (1) to (3) shall, in the cases specified in the Order, apply only to copies marked in such manner as may be so specified.

(5) The Minister may by Order provide that paragraphs (1) to (3) shall apply, to such extent and with such modifications as may be specified in the Order –

(a) to material made open to public inspection by –

(i) an international organization specified in the Order, or

(ii) a person so specified who has functions in Jersey under an international agreement to which the United Kingdom is party and which extends to Jersey; or

(b) to a register maintained by an international organization specified in the Order,

as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.

(6) In this Article –

“appropriate person” means the person required to make the material open to public inspection or, as the case may be, the person maintaining the register;

“enactment” includes an enactment of the United Kingdom, to the extent that it applies to and has effect in Jersey;

“statutory register” means a register maintained in pursuance of a requirement imposed by an enactment;

“statutory requirement” means a requirement imposed by or under an enactment.

71 Copyright material communicated to the Crown or the States in the course of public business

(1) This Article applies where any copyright work has in the course of public business been communicated to the Crown or the States for any purpose by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Crown or the States.

(2) The Crown or the States may, for the purpose for which the work was communicated to it or them, or any related purpose which could reasonably have been anticipated by the copyright owner, copy the work, issue copies of the work and communicate the work to the public, without infringing any copyright in the work.

(3) The Crown or the States may not copy a work, issue copies of a work to the public or communicate a work to the public by virtue of this Article, if the work has previously been made available to the public otherwise than by virtue of this Article.

(4) Paragraph (3) shall not apply to a work that has previously been made available to the public if it is reasonably believed that copies of the work are no longer available to the public.

(5) In paragraph (1) “public business” includes any activity carried on by the Crown or the States.

(6) In this Article “States” means –

(a) the States Assembly;

(b) any Minister;

(7) This Article has effect subject to any agreement to the contrary between the Crown or the States and the copyright owner.

72 Copyright material in public records

Without prejudice to the generality of Article 70, material which is comprised in a public record, within the meaning of Article 3 of the Public Records (Jersey) Law 2002, which is open to public inspection in pursuance of that Law, may be copied, and a copy may be supplied to any person, by or with the authority of any officer appointed under that Law, without infringing copyright.

73 Acts done under authority of enactment

(1) Where the doing of a particular act is specifically authorized by an enactment, whenever made, unless the enactment provides otherwise, the doing of that act does not infringe copyright.

(2) Nothing in this Article shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.

(3) In this Article “enactment” includes any enactment of the United Kingdom, to the extent that it applies to and has effect in Jersey.

Computer programs: lawful users

74 Computer programs: backup copies

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any backup copy of it which it is necessary for him or her to have for the purposes of his or her lawful use.

(2) For the purposes of this Article and Articles 75, 76 and 77 a person shall be a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise) he or she has a right to use the program.

(3) Where an act is permitted under this Article, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (those terms being, by virtue of Article 190, void).

75 Computer programs: decompilation

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program expressed in a low level language –

(a) to convert it into a version expressed in a higher level language; or

(b) incidentally in the course of so converting the program, to copy it,

(that is, to “decompile” it), provided that the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are that –

(a) it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the program decompiled or with another program (“the permitted objective”); and

(b) the information so obtained is not used for any purpose other than the permitted objective.

(3) In particular, the conditions in paragraph (2) are not met if the lawful user –

(a) has readily available to him or her the information necessary to achieve the permitted objective;

(b) does not confine the decompiling to such acts as are necessary to achieve the permitted objective;

(c) supplies the information obtained by the decompiling to any person to whom it is not necessary to supply it in order to achieve the permitted objective; or

(d) uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by copyright.

(4) Where an act is permitted under this Article, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of Article 190, void).

76 Computer programs: observing, studying and testing

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he or she does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he or she is entitled to do.

(2) Where an act is permitted under this Article, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of Article 190, void).

77 Computer programs: other acts permitted to lawful users

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to copy or adapt it, provided that the copying or adapting –

(a) is necessary for his or her lawful use; and

(b) is not prohibited under any term or condition of an agreement regulating the circumstances in which his or her use is lawful.

(2) It may, in particular, be necessary for the lawful use of a computer program to copy it or adapt it for the purpose of correcting errors in it.

(3) This Article does not apply to any copying or adapting permitted under Article 74, 75 or 76.

Databases

78 Acts permitted in relation to databases

(1) It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database.

(2) Where an act which would otherwise infringe copyright in a database is permitted under this Article, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (those terms being, by virtue of Article 191, void).

Designs

79 Acts permitted in relation to design documents and models

(1) It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.

(2) Nor is it an infringement of the copyright to issue to the public, or include in a film or communicate to the public, anything the making of which was, by virtue of paragraph (1), not an infringement of that copyright.

(3) In this Article –

“design” means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration;

“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

80 Effect of exploitation of design derived from artistic work

(1) This Article applies where an artistic work has been exploited, by or with the licence of the copyright owner, by –

(a) making by an industrial process articles falling to be treated for the purposes of this Part as copies of the work; and

(b) marketing those articles, in Jersey or elsewhere.

(2) After the end of the period of 25 years from the end of the calendar year in which such articles are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3) Where only part of an artistic work is exploited as described in paragraph (1), paragraph (2) applies only in relation to that part.

(4) The Minister may by Order make provision –

(a) as to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this Article as made by an industrial process; and

(b) excluding from the operation of this Article any articles of a primarily literary or artistic character as the Minister thinks fit.

(5) In this Article –

(a) references to articles do not include films; and

(b) references to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.

81 Things done in reliance on registration of design

(1) The copyright in an artistic work is not infringed by anything done –

(a) in pursuance of an assignment or licence made or granted by a person registered under the Registered Designs (Jersey) Law 1957 as the proprietor of a corresponding design; and

(b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation or invalidation of the registration or for rectifying the relevant entry in the register of designs,

and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the Registered Designs (Jersey) Law 1957.

(2) In paragraph (1) a “corresponding design”, in relation to an artistic work, means a design within the meaning of the Registered Designs (Jersey) Law 1957 which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.

Typefaces

82 Use of typeface in ordinary course of printing

(1) It is not an infringement of copyright in an artistic work consisting of the design of a typeface –

(a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing;

(b) to possess an article for the purpose of such use; or

and this is so notwithstanding that an article is used which is an infringing copy of the work.

(2) However, the following provisions of this Part apply in relation to persons making, importing or dealing with articles specifically designed or adapted for producing material in a particular typeface, or possessing those articles for the purpose of dealing with them, as if the production of material as mentioned in paragraph (1) did infringe copyright in the artistic work consisting of the design of the typeface –

(a) Article 39;

(b) Article 129;

(d) Article 139(2);

(e) Article 140.

(3) The references in paragraph (2) to “dealing with” an article are to selling, letting for hire, or offering or exposing for sale or hire, exhibiting in public, or distributing.

83 Articles for producing material in particular typeface

(1) This Article applies to the copyright in an artistic work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.

(2) After the period of 25 years from the end of the calendar year in which the first such articles are marketed, the work may be copied by making further such articles, or doing anything for the purpose of making such articles, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3) In paragraph (1) “marketed” means sold, let for hire or offered or exposed for sale or hire, in Jersey or elsewhere.

Works in electronic form

84 Transfer of copies of works in electronic form

(1) This Article applies where a copy of a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his or her use of it.

(2) If there are no express terms –

(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer; or

(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee, but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.

(3) The same applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

(4) This Article also applies on a subsequent transfer, with the substitution for references in paragraph (2) to the purchaser of references to the subsequent transferor.

Miscellaneous: literary, dramatic, musical and artistic works

85 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author

(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when –

(a) it is not possible by reasonable inquiry to ascertain the identity of the author; and

(b) it is reasonable to assume –

(i) that copyright has expired, or

(ii) that the author died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2) Paragraph (1)(b)(ii) does not apply in relation to –

(a) a work in which States Assembly copyright, States copyright or Crown copyright subsists; or

(b) a work in which copyright originally vested by virtue of Article 188 and in respect of which an Order under that Article specifies a copyright period longer than 70 years.

(3) In relation to a work of joint authorship –

(a) the reference in paragraph (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors; and

(b) the reference in paragraph (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.

86 Use of notes or recordings of spoken words in certain cases

(1) Where a record of spoken words is made, in writing or otherwise, for the purpose of –

(a) reporting current events; or

(b) communicating to the public the whole or part of the work,

it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any of the material, and use the copy) for that purpose, if the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are that –

(a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast;

(b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;

(c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and

(d) the use is by or with the authority of a person who is lawfully in possession of the record.

87 Public reading or recitation

(1) The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.

(2) Copyright in a work is not infringed by the making of a sound recording, or the communication to the public of a reading or recitation which by virtue of paragraph (1) does not infringe copyright in the work, provided that the recording or communication consists mainly of material in relation to which it is not necessary to rely on that paragraph.

88 Abstracts of scientific or technical articles

(1) Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of it to the public.

(2) This Article does not apply if or to the extent that there is a licensing scheme notified for the purposes of this Article in accordance with Article 180.

89 Recordings of folk-songs

(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any copyright in the words as a literary work or in the accompanying musical work, provided the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are that –

(a) the words are unpublished and of unknown authorship at the time the recording is made;

(b) the making of the recording does not infringe any other copyright; and

(3) Copies of a sound recording made in reliance on paragraph (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.

(4) The prescribed conditions shall include the following –

(a) that copies are only supplied to persons satisfying the archivist that they require them for the purposes of research or private study and will not use them for any other purpose; and

(b) that no person is furnished with more than one copy of the same recording.

(5) In this Article “designated” means designated for the purposes of this Article by Order of the Minister, who shall not designate a body unless satisfied that it is not established or conducted for profit.

90 Representation of certain artistic works on public display

(1) This Article applies to –

(a) buildings; and

(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2) The copyright in such a work is not infringed by –

(a) making a graphic work representing it;

(b) making a photograph or film of it; or

(3) Nor is the copyright infringed by anything done in relation to copies of, or the communication to the public of, anything whose making was, by virtue of this Article, not an infringement of the copyright.

91 Advertisement of sale of artistic work

(1) It is not an infringement of copyright in an artistic work to copy it, to issue copies of it to the public or to communicate it to the public, for the purpose of advertising the sale of the work.

(2) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright, for all subsequent purposes.

(3) In paragraph (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire, exhibited in public, distributed or communicated to the public.

92 Making of subsequent works by same artist

Where the author of an artistic work is not the copyright owner, he or she does not infringe the copyright by copying the work in making another artistic work provided he or she does not repeat or imitate the main design of the earlier work.

93 Reconstruction of buildings

Anything done for the purposes of reconstructing a building does not infringe any copyright –

(a) in the building; or

(b) in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

Miscellaneous: films and sound recordings

94 Films: acts permitted on assumptions as to expiry of copyright, etc.

(1) Subject to paragraph (2), copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when –

(a) it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in Article 27(2)(a) to (d); and

(b) it is reasonable to assume –

(i) that copyright has expired, or

(ii) that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2) Paragraph (1)(b)(ii) does not apply in relation to a film in which States Assembly copyright, States copyright or Crown copyright subsists.

95 Playing of sound recordings for purposes of club, society, etc.

(1) It is not an infringement of the copyright in a sound recording to play it as part of the activities of, or for the benefit of, a club, society or other organization if the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are –

(a) that the organization is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare; and

(b) that the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the organization.

Miscellaneous: broadcasts

96 Incidental recording for purposes of broadcast

(1) This Article applies where by virtue of a licence or assignment of copyright a person is authorized to broadcast –

(a) a literary, dramatic or musical work, or an adaptation of such a work;

(b) an artistic work; or

(2) The person shall by virtue of this Article be treated as licensed by the owner of the copyright in the work to do or authorize any of the following for the purposes of the broadcast –

(a) in the case of a literary, dramatic or musical work, or an adaptation of that work, to make a sound recording or film of the work or adaptation;

(b) in the case of an artistic work, to take a photograph or make a film of the work;

(3) That licence is subject to the condition that the recording, film, photograph or copy in question –

(a) shall not be used for any other purpose; and

(b) shall be destroyed within 28 days of being first used for broadcasting the work.

(4) A recording, film, photograph or copy made in accordance with this Article shall be treated as an infringing copy –

(a) for the purposes of any use in breach of the condition mentioned in paragraph (3)(a); and

(b) for all purposes after that condition or the condition mentioned in paragraph (3)(b) is broken.

97 Recording for purposes of supervision and control of broadcasts and other services

(1) Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.

(2) Copyright is not infringed by anything done in pursuance of –

(a) section 167(1) of the Broadcasting Act 1990 or section 115(4) or (6) or 117 of the Broadcasting Act 1996;

(b) a condition which, by virtue of section 334(1) of the Communications Act 2003, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996;

(d) section 334(3) of the Communications Act 2003.

(3) The rights conferred by this Part are not infringed by the use by OFCOM in connection with the performance of any of their functions under –

(a) the Broadcasting Act 1990;

(b) the Broadcasting Act 1996; or

of –

(i) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(ii) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.

(4) In paragraph (3) –

“existing material” means –

(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996;

(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996;

“OFCOM” means the Office of Communications established under the Communications Act 2003 as it has effect in the United Kingdom.

98 Recording for purposes of time-shifting

(1) The making in domestic premises for private and domestic use of a recording of a broadcast solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or in any work included in it.

(2) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with –

(a) it shall be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.

(3) In paragraph (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.

99 Photographs of broadcasts

(1) The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any copyright in the broadcast or in any film included in it.

(2) Where a copy which would otherwise be an infringing copy is made in accordance with this Article but is subsequently dealt with –

(a) it shall be treated as an infringing copy for the purposes of that dealing; and

(b) if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.

(3) In paragraph (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.

100 Free public showing or playing of broadcast

(1) The showing or playing in public of a broadcast to an audience who have not paid for admission to the place where the broadcast is to be seen or heard does not infringe any copyright in –

(a) the broadcast; or

(b) any sound recording or film included in it.

(2) The audience shall be treated as having paid for admission to a place –

(a) if they have paid for admission to a place of which that place forms part; or

(b) if goods or services are supplied at that place (or a place of which it forms part) –

(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast, or

(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.

(3) The following shall not be regarded as having paid for admission to a place –

(a) persons admitted as residents or inmates of the place;

(b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts is only incidental to the main purposes of the club or society.

(4) Where the making of the broadcast was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast shall be taken into account in assessing the damages for that infringement.

101 Reception of wireless broadcast and re-transmission by cable

(1) This Article applies where a wireless broadcast made from a place in Jersey is received and immediately re-transmitted by cable.

(2) The copyright in the broadcast is not infringed if and to the extent that the broadcast is made for reception in the area in which it is re-transmitted by cable and forms part of a qualifying service.

(3) The copyright in any work included in the broadcast is not infringed if and to the extent that the broadcast is made for reception in the area in which it is transmitted by cable, but where the making of the broadcast was an infringement of the copyright in the work, the fact that the broadcast was re-transmitted by cable shall be taken into account in assessing the damages for that infringement.

(4) In this Article “qualifying service” means, subject to paragraph (5), any of the following services –

(a) a regional or national Channel 3 service;

(b) Channel 4;

(d) the television broadcasting services and teletext service of the British Broadcasting Corporation,

and expressions used in this paragraph have the same meaning as in Part I of the Broadcasting Act 1990.

(5) The Minister may by Order amend paragraph (4) so as to add any service to, or remove any service from, the definition of “qualifying service”.

(6) The Minister may also by Order –

(a) provide that in specified cases paragraph (3) is to apply in relation to broadcasts of a specified description which are not made as mentioned in that paragraph; or

(b) exclude the application of that paragraph in relation to broadcasts of a specified description made as mentioned in that paragraph.

(7) In this Article references to re-transmission by cable include the transmission of microwave energy between terrestrial fixed points.

102 [10]

103 Recording for archival purposes

(1) A recording of a broadcast of a designated class, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a designated body without thereby infringing any copyright in the broadcast or in any work included in it.

(2) In paragraph (1) “designated” means designated for the purposes of this Article by Order of the Minister, who shall not designate a body unless he or she is satisfied that it is not established or conducted for profit.

Adaptations

104 Adaptations

An act which by virtue of this Part may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.

cHAPTER 5 – MORAL RIGHTS

105 Right to be identified as author or director

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this Article, but the right is not infringed unless it has been asserted in accordance with Article 106.

(2) The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever –

(a) the work is published commercially, performed in public or communicated to the public; or

(b) copies of a film or sound recording including the work are issued to the public,

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(3) The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever –

(a) the work is published commercially;

(b) copies of a sound recording of the work are issued to the public; or

(c) a film of which the sound track includes the work is shown in public or copies of that film are issued to the public,

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(4) The author of an artistic work shall have the right to be identified whenever –

(a) the work is published commercially or exhibited in public, or a visual image of it is communicated to the public;

(b) a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or

(c) in the case of a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, copies of a graphic work representing it, or of a photograph of it, are issued to the public.

(5) The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.

(6) The director of a film has the right to be identified whenever the film is shown in public or communicated to the public or copies of the film are issued to the public.

(7) The right of the author or director under this Article is –

(a) in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified, in or on each copy or, if that is not appropriate, in some other manner likely to bring his or her identity to the notice of a person acquiring a copy;

(b) in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building; and

(c) in any other case, to be identified in a manner likely to bring his or her identity to the attention of a person seeing or hearing the performance, exhibition, showing or communication to the public in question,

and the identification must in each case be clear and reasonably prominent.

(8) If the author or director in asserting his or her right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used.

(9) This Article has effect subject to Article 107.

106 Requirement that right conferred by Article 105 be asserted

(1) A person does not infringe the right conferred by Article 105 by doing any of the acts mentioned in that Article unless the right has been asserted in accordance with this Article so as to bind him or her in relation to that act.

(2) The right may be asserted generally, or in relation to any specified act or description of acts –

(a) on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his or her right to be identified; or

(b) by instrument in writing signed by the author or director.

(3) The right may also be asserted in relation to the public exhibition of an artistic work –

(a) by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or her or under his or her direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached; or

(b) by including in a licence by which the author or other first owner of copyright authorizes the making of copies of the work a statement signed by or on behalf of the person granting the licence that the author asserts his or her right to be identified in the event of the public exhibition of a copy made in pursuance of the licence.

(4) The persons bound by an assertion of the right under paragraph (2) or (3) are –

(a) in the case of an assertion under paragraph (2)(a), the assignee and anyone claiming through him or her, whether or not he or she has notice of the assertion;

(b) in the case of an assertion under paragraph (2)(b), anyone to whose notice the assertion is brought;

(c) in the case of an assertion under paragraph (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible; and

(d) in the case of an assertion under paragraph (3)(b), the licensee and anyone into whose hands a copy made in pursuance of the licence comes, whether or not he or she has notice of the assertion.

(5) In an action for infringement of the right the Court shall, in considering remedies, take into account any delay in asserting the right.

107 Exceptions to right conferred by Article 105

(1) The right conferred by Article 105 is subject to the following exceptions.

(2) The right does not apply in relation to the following descriptions of work –

(a) a computer program;

(b) the design of a typeface;

(3) The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally vested in the author’s or director’s employer by virtue of Article 24(2).

(4) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright –

(a) Article 47, so far as it relates to the reporting of current events by means of a sound recording, film or broadcast;

(b) Article 48, 55(3), 68, 69(1) or (2), 79, 80, 85 or 94.

(5) The right does not apply in relation to any work made for the purpose of reporting current events.

(6) The right does not apply in relation to the publication in –

(a) a newspaper, magazine or similar periodical; or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

(7) The right does not apply in relation to –

(a) a work in which States Assembly copyright, States copyright or Crown copyright subsists; or

(b) a work in which copyright originally subsisted by virtue of Article 188,

unless the author or director has previously been so identified in or on published copies of the work.

108 Right to object to derogatory treatment of work

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this Article not to have his or her work subjected to derogatory treatment.

(2) For the purposes of this Article –

(a) “treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than –

(i) a translation of a literary or dramatic work, or

(ii) an arrangement or transcription of a musical work involving no more than a change of key or register; and

(b) the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director,

and in the following provision of this Article references to a derogatory treatment of a work shall be construed accordingly.

(3) In the case of a literary, dramatic or musical work the right is infringed by a person who –

(a) publishes commercially, performs in public or communicates to the public a derogatory treatment of the work; or

(b) issues to the public copies of a film or sound recording of, or including, a derogatory treatment of the work.

(4) In the case of an artistic work the right is infringed by a person who –

(a) publishes commercially or exhibits in public a derogatory treatment of the work, or communicates to the public a visual image of a derogatory treatment of the work;

(b) shows in public a film including a visual image of a derogatory treatment of the work or issues to the public copies of such a film; or

(i) a work of architecture in the form of a model for a building,

(ii) a sculpture, or

(iii) a work of artistic craftsmanship,

issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

(5) Paragraph (4) does not apply to a work of architecture in the form of a building, but where the author of such a work is identified on the building and it is the subject of derogatory treatment, he or she has the right to require the identification to be removed.

(6) In the case of a film, the right is infringed by a person who –

(a) shows in public or communicates to the public a derogatory treatment of the film; or

(b) issues to the public copies of a derogatory treatment of the film.

(7) The right conferred by this Article extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

(8) This Article has effect subject to Articles 109 and 110.

109 Exceptions to right conferred by Article 108

(1) The right conferred by Article 108 is subject to the exceptions referred to in paragraphs (2) to (6).

(2) The right does not apply to a computer program or to any computer-generated work.

(3) The right does not apply in relation to any work made for the purpose of reporting current events.

(4) The right does not apply in relation to the publication in –

(a) a newspaper, magazine or similar periodical; or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication; nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.

(5) The right is not infringed by an act which by virtue of Article 85 or 94 would not infringe copyright.

(6) The right is not infringed by anything done for the purpose of –

(a) avoiding the commission of an offence;

(b) complying with a duty imposed by or under an enactment; or

(c) in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,

provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.

(7) For the purposes of paragraph (6), “sufficient disclaimer”, in relation to an act capable of infringing the right conferred by Article 108, means a clear and reasonably prominent indication –

(a) given at the time of the act; and

(b) if the author or director is then identified, appearing along with the identification,

that the work has been subjected to treatment to which the author or director has not consented.

110 Qualification of right conferred by Article 108 in certain cases

(1) This Article applies to –

(a) works in which copyright originally vested in the author’s or director’s employer by virtue of Article 24(2);

(b) works in which States Assembly copyright, States copyright or Crown copyright subsists; and

(2) The right conferred by Article 108 does not apply to anything done in relation to such a work by or with the authority of the copyright owner unless the author or director –

(a) is identified at the time of the relevant act; or

(b) has previously been identified in or on published copies of the work,

and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.

(3) For the purposes of paragraph (2), “sufficient disclaimer” has the same meaning as in Article 109(7).

111 Infringement of right conferred by Article 108 by possessing or dealing with infringing article

(1) The right conferred by Article 108 is also infringed by a person who –

(a) possesses in the course of a business;

(b) sells or lets for hire, or offers or exposes for sale or hire;

(d) distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,

an article which is, and which he or she knows or has reason to believe is, an infringing article.

(2) An “infringing article” means a work or a copy of a work which –

(a) has been subjected to derogatory treatment within the meaning of Article 108; and

(b) has been or is likely to be the subject of any of the acts mentioned in that Article in circumstances infringing that right.

112 False attribution of work

(1) A person has the right in the circumstances mentioned in this Article –

(a) not to have a literary, dramatic, musical or artistic work falsely attributed to him or her as author; and

(b) not to have a film falsely attributed to him or her as director,

and in this Article, an “attribution”, in relation to such a work, means a statement (express or implied) as to who is the author or director.

(2) The right is infringed by a person who –

(a) issues to the public copies of a work of any of those descriptions in or on which there is a false attribution; or

(b) exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution.

(3) The right is also infringed by a person who –

(a) in the case of a literary, dramatic, or musical work, performs the work in public or communicates it to the public as being the work of a person; or

(b) in the case of a film, shows it in public or communicates it to the public as being directed by a person,

knowing or having reason to believe that the attribution is false.

(4) The right is also infringed by the issue to the public or public display of material containing a false attribution in connection with any of the acts mentioned in paragraph (2) or (3).

(5) The right is also infringed by a person who in the course of a business –

(a) possesses or deals with a copy of a work of any of the descriptions mentioned in paragraph (1) in or on which there is a false attribution; or

(b) in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,

knowing or having reason to believe that there is such an attribution and that it is false.

(6) In the case of an artistic work the right is infringed by a person who in the course of a business –

(a) deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author; or

(b) deals with a copy of such a work as being a copy of the unaltered work of the author,

knowing or having reason to believe that that is not the case.

(7) References in this Article to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, or distributing.

(8) This Article applies where, contrary to the fact –

(a) a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person; or

(b) a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,

as it applies where the work is falsely attributed to a person as author.

113 Right to privacy of certain photographs and films

(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have –

(a) copies of the work issued to the public;

(b) the work exhibited or shown in public; or

and, except as mentioned in paragraph (2), a person who does or authorizes the doing of any of those acts infringes that right.

(2) The right is not infringed by an act which by virtue of Article 48, 68, 69, 73, 85 or 94 would not infringe copyright in the work.

114 Duration of moral rights

(1) The rights conferred by Articles 105, 108 and 113 continue to subsist so long as copyright subsists in the work.

(2) The right conferred by Article 112 continues to subsist until 20 years after a person’s death.

115 Consent and waiver of moral rights

(1) It is not an infringement of any of the rights conferred by this Chapter to do any act to which the person entitled to the right has consented.

(2) Any of the rights conferred by this Chapter may be waived by instrument in writing signed by the person giving up the right.

(3) A waiver –

(a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works; and

(b) may be conditional or unconditional and may be expressed to be subject to revocation,

and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his or her licensees and successors in title unless a contrary intention is expressed.

(4) Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights mentioned in paragraph (1).

116 Application of moral rights to joint works

(1) The right conferred by Article 105 is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with Article 106 by each joint author in relation to himself or herself.

(2) The right conferred by Article 108 is, in the case of a work of joint authorship, a right of each joint author and his or her right is satisfied if he or she consents to the treatment in question.

(3) A waiver under Article 115 of those rights by one joint author does not affect the rights of the other joint authors.

(4) The right conferred by Article 112 is infringed, in the circumstances mentioned in that Article –

(a) by any false statement as to the authorship of a work of joint authorship; and

(b) by the false attribution of joint authorship in relation to a work of sole authorship,

and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.

(5) Paragraphs (1) to (4) also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.

(6) For the purposes of paragraph (5), a film is “jointly directed” if it is made by the collaboration of 2 or more directors and the contribution of each director is not distinct from that of the other director or directors.

(7) The right conferred by Article 113 is, in the case of a work made in pursuance of a joint commission, a right of each person who commissioned the making of the work, so that –

(a) the right of each is satisfied if he or she consents to the act in question; and

(b) a waiver under Article 115 by one of them does not affect the rights of the others.

117 Application of moral rights to parts of works

(1) The rights conferred by Articles 105 and 113 apply in relation to the whole or any substantial part of a work.

(2) The right conferred by Articles 108 and 112 apply in relation to the whole or any part of a work.

cHAPTER 6 – dEALINGS IN COPYRIGHT WORKS

118 Assignment and licences of copyright

(1) Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as moveable property.

(2) An assignment or other transmission of copyright may be partial, that is, limited so as to apply –

(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do;

(b) to part, but not the whole, of the period for which the copyright is to subsist.

(3) An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.

(4) A licence granted by a copyright owner is binding on every successor in title to his or her interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence, or a person deriving title from such a purchaser and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.

119 Prospective ownership of copyright

(1) Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him or her would be entitled as against all other persons to require the copyright to be vested in him or her, the copyright shall vest in the assignee or his or her successor in the title by virtue of this paragraph.

(2) In this Part –

“future copyright” means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event;

“prospective owner” shall be construed accordingly and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in paragraph (1).

(3) A licence granted by a prospective owner of copyright is binding on every successor in title to his or her interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from that purchaser, and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.

120 Exclusive licences

The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he or she has against the person granting the licence.

121 Copyright to pass under will with unpublished work

Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to –

(a) an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator; or

(b) an original material thing containing a sound recording or film which was not published before the death of the testator,

the bequest shall, unless a contrary intention is indicated in the testator’s will or a codicil to it, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death.

122 Presumption of transfer of rental right in case of film production agreement

(1) Where an agreement concerning film production is concluded between an author and a film producer, the author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the author’s work in the film.

(2) In this Article “author” means an author, or prospective author, of a literary, dramatic, musical or artistic work.

(3) Paragraph (1) does not apply to any rental right in relation to the film arising by virtue of the inclusion in the film of the screenplay, the dialogue or music specifically created for and used in the film.

(4) Where this Article applies, the absence of signature by or on behalf of the author does not exclude the operation of Article 119(1).

(5) The reference in paragraph (1) to an agreement concluded between an author and a film producer includes any agreement having effect between those persons, whether made by them directly or through intermediaries.

(6) Article 123 applies where there is a presumed transfer by virtue of this Article as in the case of an actual transfer.

Right to equitable remuneration where rental right transferred

123 Right to equitable remuneration where rental right transferred

(1) Where an author to whom this Article applies has transferred his or her rental right concerning a sound recording or a film to the producer of the sound recording or film, he or she retains the right to equitable remuneration for the rental.

(2) The authors to whom this Article applies are –

(a) the author of a literary, dramatic, musical or artistic work; and

(b) the principal director of a film.

(3) The right to equitable remuneration under this Article may not be assigned by the author except to a collecting society for the purpose of enabling it to enforce the right on his or her behalf.

(4) Notwithstanding paragraph (3), the right to equitable remuneration is transmissible by testamentary disposition or by operation of law as moveable property and may be assigned or further transmitted by any person into whose hands it passes.

(5) Equitable remuneration under this Article is payable by the person for the time being entitled to the rental right, that is, the person to whom the right was transferred or any successor in title of his or hers.

(6) The amount payable by way of equitable remuneration is as agreed by or on behalf of the persons by and to whom it is payable, subject to Article 124.

(7) An agreement is of no effect in so far as it purports to exclude or restrict the right to equitable remuneration under this Article.

(8) References in this Article to the transfer of a rental right by one person to another include any arrangement having that effect, whether made by them directly or through intermediaries.

(9) In this Article a “collecting society” means a society or other organization which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration under this Article on behalf of more than one author.

124 Equitable remuneration: reference of amount to licensing authority

(1) In default of agreement as to the amount payable by way of equitable remuneration under Article 123, the person by or to whom it is payable may apply to the licensing authority to determine the amount payable.

(2) A person by or to whom equitable remuneration is payable under that Article may also apply to the licensing authority –

(a) to vary any agreement as to the amount payable; or

(b) to vary any previous determination of the licensing authority as to that matter,

but except with the permission of the licensing authority no such application may be made within 12 months from the date of a previous determination.

(3) An order made on an application under paragraph (2) has effect from the date on which it is made or such later date as may be specified by the licensing authority.

(4) On an application under this Article the licensing authority shall consider the matter and make any order as to the method of calculating and paying equitable remuneration as the licensing authority may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the author to the film or sound recording.

(5) Remuneration shall not be considered inequitable merely because it was paid by way of a single payment or at the time of the transfer of the rental right.

(6) An agreement is of no effect in so far as it purports to prevent a person questioning the amount of equitable remuneration or to restrict the powers of the licensing authority under this Article.

Moral rights

125 Moral rights not assignable

The rights conferred by Chapter 5 are not assignable.

126 Transmission of moral rights on death

(1) On the death of a person entitled to the right conferred by Article 105, 108 or 113 –

(a) the right passes to such person as he or she may, by testamentary disposition, specifically direct;

(b) if there is no such direction but the copyright in the work in question forms part of his or her estate, the right passes to the person to whom the copyright passes; and

(i) his or her executors, if he or she dies testate as to his or her moveable estate, or

(ii) his or her administrators, if he or she dies intestate as to his or her moveable estate.

(2) Where copyright forming part of a person’s estate passes in part to one person and in part to another, as for example where a bequest is limited so as to apply –

(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorize; or

(b) to part, but not the whole, of the period for which the copyright is to subsist,

any right which passes with the copyright by virtue of paragraph (1) shall be correspondingly divided.

(3) Where by virtue of paragraph (1)(a) or (b) a right becomes exercisable by more than one person –

(a) it may, in the case of the right conferred by Article 105, be asserted by any of them;

(b) it is, in the case of the right conferred by Article 108 or 113, a right exercisable by each of them and is satisfied in relation to any of them if he or she consents to the treatment or act in question; and

(4) A consent or waiver previously given or made binds any person to whom a right passes by virtue of paragraph (1).

(5) Any infringement after a person’s death of the right conferred by Article 112 is actionable by –

(a) his or her executors, if he or she dies testate as to his or her moveable estate; or

(b) his or her administrators, if he or she dies intestate as to his or her moveable estate.

(6) Any damages recovered by executors or administrators by virtue of this Article in respect of an infringement after a person’s death shall devolve as part of that person’s estate as if the right of action had subsisted and been vested in him or her immediately before his or her death.

chapter 7 – Remedies for infringement

Rights and remedies of copyright owner

127 Infringement actionable by copyright owner

(1) An infringement of copyright is actionable by the copyright owner.

(2) In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.

(3) This Article has effect subject to the provisions of this Chapter.

128 Damages in action for infringement of copyright

(1) Where, in an action for infringement of copyright, it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that the copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him or her, but without prejudice to any other remedy.

(2) The Court may, in an action for infringement of copyright, having regard to all the circumstances, and in particular to –

(a) the flagrancy of the infringement; and

(b) any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

129 Order for delivery up of infringing copies, etc.

(1) Where a person –

(a) has an infringing copy of a work in his or her possession, custody or control in the course of a business; or

(b) has in his or her possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,

the owner of the copyright in the work may apply to the Court for an order that the infringing copy or article be delivered up to him or her or to any other person the Court may direct.

(2) An application shall not be made after the end of the period specified in Article 130.

(3) An Order shall not be made unless the Court makes, or it appears to the Court that there are grounds for making, an order under Article 143.

(4) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this Article shall, if an order under Article 143 is not made, retain it pending the making of an order, or the decision not to make an order, under that Article.

(5) Nothing in this Article affects any other power of the Court.

130 Period after which remedy of delivery up not available under Article 129

(1) Subject to paragraphs (2) and (3), an application for an order under Article 129 may not be made after the end of the period of 10 years from the date on which the infringing copy or article in question was made.

(2) If during the whole or part of the period specified in paragraph (1) the copyright owner is –

(a) under a disability; or

(b) prevented by fraud or concealment from discovering the facts entitling him or her to apply for an order,

an application may be made at any time before the end of the period of 10 years from the date on which he or she ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

(3) For the purposes of paragraph (2) a person shall be treated as under a disability while he or she is under the age of 18 years or is of unsound mind.

131 Right to seize infringing copies, etc.

(1) An infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under Article 129, may be seized and detained by him or her or a person authorized by him or her.

(2) The right to seize and detain conferred by paragraph (1) is exercisable subject to the following conditions and is subject to any decision of the Court under Article 143.

(3) Before anything is

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Intellectual Property (Unregistered Rights) (Jersey) Law 2011