PART 2AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Acts permitted in relation to copyright works and rights in performances

Amendment of provision relating to research and private study

9.  Section 29 shall be amended as follows—

(a)for subsection (1) there shall be substituted—

“(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.”;

(b)for subsection (1A) there shall be substituted—

“(1B) No acknowledgement is required in connection with fair dealing for the purposes mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.

(1C) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe any copyright in the work.”;

(c)in subsection (2) for the words “mentioned in subsection (1)” there shall be substituted “of research or private study”;

(d)after subsection (4) there shall be inserted—

“(4A) 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 section 50BA (observing, studying and testing)).”;

(e)subsection (5) shall cease to have effect.