HomeInsightsIntellectual Property Office publishes call for views in relation to a review of the removal in 2016 of the copyright exception for showing publicly accessible films

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Section 72 of the Copyright, Designs and Patents Act 1988 (CDPA) creates an exception to copyright infringement that permits the free showing of a broadcast and certain copyright elements in places where the public has free access.

The IPO has launched a call for views on the changes that were made to s 72 of the CDPA in 2016 by the Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016, which removed “film” from the list of exceptions. This is part of a post implementation review of the Regulations, which the Secretary of State is legally obliged to do within five years of the legislation coming into force.

The changes made to s 72 in 2016 concern all premises that may show broadcast material but do not charge for public access. These may include retailers, hospitality, community spaces, gyms, voluntary centres, hospitals, charities, and some workplaces. It also affects some rights holders, their representatives and licensing bodies.

The IPO is seeking evidence and views on the effect of the changes to s 72. This is of interest to a wide range of groups and the IPO is strongly encouraging anyone affected by the Regulations to participate so that it can consider the issues fully.

The call for views will run for ten weeks until 13 August 2021. The IPO says that it is looking for evidence-based responses. The IPO will then publish a review based on evidence submitted through the call for views later this year. The report will consider whether the Regulations remain fit for purpose. To access the consultation, click here.