Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- Part III Where we go from here
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
Published online by Cambridge University Press: 04 March 2010
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- Part III Where we go from here
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
Summary
Introductory
Introductory provisions
28. – (1) The provisions of this Chapter specify acts which may be done in relation to copyright works notwithstanding the subsistence of copyright; they relate only to the question of infringement of copyright and do not affect any other right or obligation restricting the doing of any of the specified acts.
(2) 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 the copyright in a work of any description.
(3) 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.
(4) 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.
General
Making of temporary copies
28A. Copyright in a literary work, other than a computer program or a database, or in a 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.
- Type
- Chapter
- Information
- Copyright ExceptionsThe Digital Impact, pp. 313 - 351Publisher: Cambridge University PressPrint publication year: 2005