Selected year snapshot
For 1993, the active event in this file is The Copyright (Computer Programs) Regulations 1992 (S.I. 1992/3233).
100%
Current rationale
S.I. 1992/3233 reg. 7 inserted s.29(4) into the CDPA 1988, effective 1 January 1993. This provision carves out decompilation of computer programs from the fair dealing defence (directing it instead to the specific decompilation exception in s.50B). This is a minor narrowing: decompilation of computer programs is excluded from fair dealing, but fair dealing for research or private study under s.29(1) otherwise remains unchanged and still covers literary, dramatic, musical and artistic works (computer programs are literary works, but only decompilation is excluded — other fair dealing with computer programs for research remains possible). The overall classification remains GREEN because s.29(1) still provides fair dealing for research/private study open to any user, covering any dealing with the main work categories. The decompilation carve-out is narrow and does not change the overall permissiveness.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study — unchanged, still covers any dealing, any user.
Excludes decompilation of computer programs from fair dealing (must use s.50B instead).
Library copying for research/private study.
Law changes
Copyright, Designs and Patents Act 1988
Baseline · Effective 1989-08-01
100%
Relevant section: Section 29
Dates: Effective 1989-08-01 · Enacted 1988-11-15
Why this score
Section 29(1) as originally enacted provides 'Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the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.' The term 'fair dealing' covers any act restricted by copyright (any exclusive right), not only reproduction. It is open to any user (no restriction to individuals or institutions). It covers literary, dramatic, musical and artistic works — which are the primary categories of authored works under UK law. Sound recordings, films and broadcasts are not expressly covered, but the core authored-work categories are all included. The word 'dealing' encompasses reproduction and communication/sharing. There is no non-commercial restriction in the original 1990 text. This is GREEN: fair dealing for research or private study, open to any user, covering any dealing (use) with the main categories of works. Classification-neutral factors: the proportionality inherent in 'fair dealing' does not change the color. Section 29(3) limits copying by third parties but does not restrict the researcher's own dealing. Library exceptions in ss.38-39 also exist but are less permissive than s.29. Section 30 (criticism, review, news reporting) also exists but is not the most permissive for research purposes.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study — covers any dealing (not limited to reproduction), open to any user, applies to literary, dramatic, musical and artistic works.
Library copying: librarians may supply copies of articles in periodicals (s.38) or parts of published works (s.39) for research or private study, subject to conditions.
Original text
29 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 mentioned in subsection (1) does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 40 would not permit to be done under section 38 or 39 (articles or parts of published works: restriction on multiple copies of same material), 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.
Source links
The Copyright (Computer Programs) Regulations 1992 (S.I. 1992/3233)
Relevant update · Effective 1993-01-01
100%
Relevant section: Section 29(4)
Dates: Effective 1993-01-01 · Enacted 1992-12-15
Why this score
S.I. 1992/3233 reg. 7 inserted s.29(4) into the CDPA 1988, effective 1 January 1993. This provision carves out decompilation of computer programs from the fair dealing defence (directing it instead to the specific decompilation exception in s.50B). This is a minor narrowing: decompilation of computer programs is excluded from fair dealing, but fair dealing for research or private study under s.29(1) otherwise remains unchanged and still covers literary, dramatic, musical and artistic works (computer programs are literary works, but only decompilation is excluded — other fair dealing with computer programs for research remains possible). The overall classification remains GREEN because s.29(1) still provides fair dealing for research/private study open to any user, covering any dealing with the main work categories. The decompilation carve-out is narrow and does not change the overall permissiveness.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study — unchanged, still covers any dealing, any user.
Excludes decompilation of computer programs from fair dealing (must use s.50B instead).
Library copying for research/private study.
Original text
(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 section 50B (decompilation)).
Source links
The Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032)
Relevant update · Effective 1998-01-01
100%
Relevant section: Section 29(1), 29(1A), 29(5)
Dates: Effective 1998-01-01 · Enacted 1997-12-18
Why this score
S.I. 1997/3032 (implementing EC Directive 96/9/EC on databases) made three changes to s.29 effective 1 January 1998: (1) s.29(1) was amended to exclude databases from its scope ('a literary work, other than a database'); (2) new s.29(1A) was inserted providing fair dealing with a database for research or private study with a source-indication requirement; (3) new s.29(5) was inserted excluding commercial research from fair dealing with databases. For non-database works, s.29(1) remains unchanged — fair dealing for research or private study (including commercial research) with literary (other than databases), dramatic, musical and artistic works, open to any user, covering any dealing. For databases specifically, fair dealing is now limited to non-commercial research or private study with source indication. The overall classification remains GREEN because s.29(1) still provides unrestricted fair dealing for research with the main categories of works (other than databases). The non-commercial restriction on databases is a narrowing for that specific work type but does not change the overall most-permissive classification. Non-commercial restrictions are classification-neutral factors in any event.
Exceptions considered
Fair dealing with a literary work (other than a database), or a dramatic, musical or artistic work for research or private study — any dealing, any user, no commercial restriction.
Fair dealing with a database for research or private study, source must be indicated.
Commercial research with databases is excluded from fair dealing.
Decompilation of computer programs excluded from fair dealing.
Library copying for research/private study.
Original text
(1) Fair dealing with a literary work, other than a database, or a 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. (1A) Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated. (5) The doing of anything in relation to a database for the purposes of research for a commercial purpose is not fair dealing with the database.
Source links
The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498)
Relevant update · Effective 2003-10-31
100%
Relevant section: Section 29(1), 29(1A), 29(1B), 29(4A), 29(4B)
Dates: Effective 2003-10-31 · Enacted 2003-10-01
Why this score
S.I. 2003/2498 (implementing EC Directive 2001/29/EC, the InfoSoc Directive) made significant changes to s.29 effective 31 October 2003. The key change was adding 'for a non-commercial purpose' to s.29(1), restricting fair dealing for research to non-commercial purposes for all works (not just databases). A sufficient acknowledgement requirement was also added. Private study was separated out — s.29(1C) (not shown in full here) provides that fair dealing for private study does not require acknowledgement and is not restricted to non-commercial purposes. New s.29(4A) excludes observation/study/testing of computer program functioning from fair dealing (directing to s.50BA). New s.29(4B) makes contractual terms restricting fair dealing unenforceable. Despite the addition of the non-commercial restriction, the classification remains GREEN because: (1) 'fair dealing' still covers any dealing (any exclusive right, not just reproduction), (2) it applies to any user, (3) it covers literary, dramatic, musical and artistic works, and (4) the non-commercial restriction is a classification-neutral factor per the instructions. The scope of works covered and the breadth of 'dealing' (covering reproduction and communication) remain unchanged.
Exceptions considered
Fair dealing with a literary work (other than a database), or a dramatic, musical or artistic work for non-commercial research — any dealing, any user, sufficient acknowledgement required.
Fair dealing with a database for research or private study, source must be indicated.
Fair dealing for private study — no acknowledgement required, not limited to non-commercial.
Decompilation of computer programs excluded from fair dealing.
Observation/study/testing of computer program functioning excluded from fair dealing.
Library and archive copying for research/private study.
Original text
29 Research and private study. (1) Fair dealing with a literary work, other than a database, or a 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. (1A) Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated. (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. (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)). (4B) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.
Source links
The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372)
Relevant update · Effective 2014-06-01
100%
Relevant section: Section 29A
Dates: Effective 2014-06-01 · Enacted 2014-05-28
Why this score
S.I. 2014/1372 inserted new s.29A into the CDPA 1988, effective 1 June 2014, creating a specific TDM exception. Section 29A permits making a copy of a work for computational analysis (text and data mining) for non-commercial research, by any person with lawful access. It covers 'a work' (any type of work). However, it is limited to 'making of a copy' (reproduction only) and explicitly prohibits transfer of the copy to others (s.29A(2)(a)). This TDM exception on its own would be BLUE (reproduction only, no sharing, any user, any work). However, the pre-existing s.29(1) fair dealing for research exception remains in force and is more permissive — it covers any 'dealing' (not just reproduction) with literary, dramatic, musical and artistic works for non-commercial research. The overall classification remains GREEN because s.29(1) is still the most permissive exception. The same SI also amended ss.38-43 (library exceptions) but these remain less permissive than s.29(1). Non-commercial restrictions are classification-neutral.
Exceptions considered
Fair dealing with a literary work (other than a database), or a dramatic, musical or artistic work for non-commercial research — any dealing, any user.
TDM exception: making a copy of any work for computational analysis for non-commercial research by person with lawful access. No transfer permitted.
Fair dealing with a database for research or private study.
Fair dealing for private study.
Library and archive copying for research/private study (as amended by S.I. 2014/1372).
Original text
29A Copies for text and data analysis for non-commercial research (1) The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that— (a) the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and (b) the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) Where a copy of a work has been made under this section, copyright in the work is infringed if— (a) the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or (b) the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner. (3) If a copy made under this section 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. (4) In subsection (3) "dealt with" means sold or let for hire, or offered or exposed for sale or hire. (5) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.
Source links
Copyright, Designs and Patents Act 1988
Current law confirmation · Effective 2014-06-01
100%
Relevant section: Sections 29, 29A
Dates: Effective 2014-06-01
Why this score
As of 2025, the law in force in the United Kingdom comprises the CDPA 1988 as amended. The most permissive research-relevant exception remains s.29(1): fair dealing with a literary work (other than a database), or a dramatic, musical or artistic work for the purposes of research for a non-commercial purpose. 'Fair dealing' covers any exclusive right (reproduction, communication, distribution — any 'dealing'), not just reproduction. It is open to any user (no restriction to institutions or individuals). It covers the main categories of authored works. The non-commercial restriction is classification-neutral. Section 29(1C) provides fair dealing for private study without a non-commercial restriction. Section 29(1A) covers databases for research or private study (non-commercial for research per s.29(5)). Section 29A provides a specific TDM exception (reproduction only, no transfer, non-commercial, any work, any user with lawful access) — this is less permissive than s.29(1) because it is limited to reproduction. Library exceptions in ss.40A-42A permit institutional copying but are less permissive. No relevant amendments to these provisions have been made between June 2014 and 2025. The UK government consulted on broadening the TDM exception (including for commercial purposes) but no legislation has been enacted as of early 2025. Overall classification: GREEN based on s.29(1).
Exceptions considered
Fair dealing with a literary work (other than a database), or a dramatic, musical or artistic work for non-commercial research — any dealing, any user, sufficient acknowledgement required.
Fair dealing with a database for research or private study, source must be indicated, non-commercial for research (per s.29(5)).
Fair dealing with a literary, dramatic, musical or artistic work for private study — no acknowledgement required, no non-commercial restriction.
TDM exception: making a copy of any work for computational analysis for non-commercial research by person with lawful access. Transfer prohibited. Contract override protection.
Library and archive copying: librarians/archivists may supply copies of works for non-commercial research or private study.
Fair dealing for criticism, review, quotation, and news reporting — potentially relevant but less directly applicable to research than s.29.
Original text
29 Research and private study. (1) Fair dealing with a literary work, other than a database, or a 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. (1A) Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated. (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. (2) Fair dealing with the typographical arrangement of a published edition for the purposes mentioned in subsection (1) or (1C) does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 40 would not permit to be done under section 38 or 39 (articles or parts of published works: restriction on multiple copies of same material), 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 section 50B (decompilation)). (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)). (4B) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable. (5) The doing of anything in relation to a database for the purposes of research for a commercial purpose is not fair dealing with the database. 29A Copies for text and data analysis for non-commercial research (1) The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that— (a) the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and (b) the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2) Where a copy of a work has been made under this section, copyright in the work is infringed if— (a) the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or (b) the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner. (3) If a copy made under this section 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. (4) In subsection (3) "dealt with" means sold or let for hire, or offered or exposed for sale or hire. (5) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.