IP and IT Law Bytes: Copyright: private copying and parody exceptions

By Audrey Horton


The government has published new draft regulations for the private copying, and quotation and parody, exceptions to copyright law, which are due to come into force on 1 October 2014.


As the result of a process that started with the recommendations made in the Hargreaves Review of Intellectual Property, between June and July 2013, the Intellectual Property Office published for public review three sets of provisions to create new copyright exceptions. These copyright exceptions entered into force on 1 June 2014, except for the private copying and parody exceptions, which were delayed while the Joint Committee on Statutory Instruments raised some questions with the government about them.


The government has announced that the private copying, and quotation and parody, exceptions are due to come into force on 1 October 2014.

The private copying exception permits the making of personal copies of copyright works for private use. In particular, the making of a copy of a work (other than a computer program), by an individual does not infringe copyright in the work provided that the copy is of the individual’s own copy of the work, or a personal copy of the work made by the individual. The copy must be made for the individual’s private use, and not for ends that are directly or indirectly commercial.

The exception for quotation permits the use of a quotation from a publicly available copyright work where the use is fair dealing, the extent of the quotation is no more than required, and is accompanied by sufficient acknowledgement. The exception for parody permits fair dealing with a work for the purposes of caricature, parody or pastiche.


This announcement is likely to be welcome news for some observers, who had feared that the government’s decision to delay implementation of the private copying, and quotation and parody, exceptions would lead to a long delay or failure to implement the exceptions altogether.

Source: Copyright and Rights in Performances (Quotation and Parody) Regulations 2014, www.legislation.gov.uk/ukdsi/2014/9780111116029/contents; Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014, www.legislation.gov.uk/ukdsi/2014/9780111116036/contents.

First published in the August 2014 issue of PLC Magazine and reproduced with the kind permission of the publishers. Subscription enquiries 020 7202 1200.