Selected year snapshot
For 1993, the active event in this file is Copyright, Designs and Patents Act 1988 (as applied to BIOT).
100%
Current rationale
The British Indian Ocean Territory (BIOT) does not have its own copyright ordinance. Under Section 3(2)(a) of the British Indian Ocean Territory (Constitution) Order 2004 (and its predecessor instruments), the laws of England and Wales apply in BIOT insofar as they are applicable and subject to local modification. The BIOT Revised Ordinances list (Chapter G) includes no copyright ordinance. The UK Copyright, Designs and Patents Act 1988 (CDPA 1988) therefore applies in BIOT as the operative copyright law. On 1990-01-01, the CDPA 1988 had been in force since 1 August 1989. Section 29 of the CDPA 1988 provides for fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study. 'Fair dealing' covers any act restricted by copyright (not only reproduction), is open to any user, and applies to all types of works. This constitutes a GREEN classification: full works may be dealt with (including reproduction and other acts), by any user, for research or private study. The non-commercial restriction added later (2003) is classification-neutral. The baseline text of s.29 as in force on 1 August 1989 did not include a non-commercial restriction. Section 30 (criticism, review, news reporting) also provides fair dealing rights. Library copying provisions (ss.38-43) provide additional institutional exceptions. The most permissive exception is s.29 fair dealing for research/private study, which determines the GREEN classification.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright. Open to any user, covers 'dealing' (any exclusive right), applies to all work types listed.
Fair dealing for criticism, review, and news reporting. Requires sufficient acknowledgement.
Library and archive copying provisions permitting librarians to make copies for users for research or private study, subject to conditions.
Reprographic copying by educational establishments for instruction purposes.
Law changes
Copyright, Designs and Patents Act 1988 (as applied to BIOT)
Baseline · Effective 1989-08-01
100%
Relevant section: Sections 29, 29A, 30, 36, 38-43
Dates: Effective 1989-08-01 · Enacted 1988-11-15
Why this score
The British Indian Ocean Territory (BIOT) does not have its own copyright ordinance. Under Section 3(2)(a) of the British Indian Ocean Territory (Constitution) Order 2004 (and its predecessor instruments), the laws of England and Wales apply in BIOT insofar as they are applicable and subject to local modification. The BIOT Revised Ordinances list (Chapter G) includes no copyright ordinance. The UK Copyright, Designs and Patents Act 1988 (CDPA 1988) therefore applies in BIOT as the operative copyright law. On 1990-01-01, the CDPA 1988 had been in force since 1 August 1989. Section 29 of the CDPA 1988 provides for fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study. 'Fair dealing' covers any act restricted by copyright (not only reproduction), is open to any user, and applies to all types of works. This constitutes a GREEN classification: full works may be dealt with (including reproduction and other acts), by any user, for research or private study. The non-commercial restriction added later (2003) is classification-neutral. The baseline text of s.29 as in force on 1 August 1989 did not include a non-commercial restriction. Section 30 (criticism, review, news reporting) also provides fair dealing rights. Library copying provisions (ss.38-43) provide additional institutional exceptions. The most permissive exception is s.29 fair dealing for research/private study, which determines the GREEN classification.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright. Open to any user, covers 'dealing' (any exclusive right), applies to all work types listed.
Fair dealing for criticism, review, and news reporting. Requires sufficient acknowledgement.
Library and archive copying provisions permitting librarians to make copies for users for research or private study, subject to conditions.
Reprographic copying by educational establishments for instruction purposes.
Source links
Copyright and Related Rights Regulations 2003 (SI 2003/2498) (as applied to BIOT via English law)
Relevant update · Effective 2003-10-31
100%
Relevant section: Section 29 (as amended)
Dates: Effective 2003-10-31 · Enacted 2003-10-01
Why this score
The Copyright and Related Rights Regulations 2003 (implementing EU Directive 2001/29/EC in UK law) amended s.29 CDPA 1988 to add a non-commercial purpose requirement for the research limb of fair dealing. The amended s.29(1) reads (in substance): '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.' The private study limb remained unrestricted by a commercial/non-commercial qualifier. The non-commercial restriction is classification-neutral per the methodology. The exception remains open to any user, covers 'dealing' (any exclusive right), and applies to all types of works. Classification remains GREEN. Additionally, s.29A was not yet introduced (that came in 2014). Library provisions (ss.38-43) were also amended but remain less permissive than s.29.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose, with sufficient acknowledgement. Open to any user, covers dealing (any exclusive right).
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe copyright.
Fair dealing for criticism, review, and news reporting.
Library and archive copying provisions for research/private study.
Source links
Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (SI 2014/1372) (as applied to BIOT via English law)
Relevant update · Effective 2014-06-01
100%
Relevant section: Section 29A (new TDM exception), Sections 29, 42A
Dates: Effective 2014-06-01 · Enacted 2014-05-29
Why this score
The 2014 Regulations introduced s.29A CDPA 1988, a new exception for copies for text and data analysis for non-commercial research. Section 29A permits a person who has lawful access to a work to make a copy of the work in order to carry out a computational analysis of anything recorded in the work, for the sole purpose of research for a non-commercial purpose, provided sufficient acknowledgement is given. This is a TDM-specific exception covering reproduction for any user with lawful access, for non-commercial research. It covers all types of works. However, it covers only reproduction (copying), not communication/sharing. Standing alone, s.29A would be BLUE. But the pre-existing s.29 fair dealing for research/private study (GREEN) remains in force and is more permissive because 'dealing' covers any exclusive right. The overall classification therefore remains GREEN. The 2014 Regulations also reformed library/archive exceptions (new s.42A for single copies of published works by librarians) and broadened educational exceptions, but these are less permissive than s.29.
Exceptions considered
Fair dealing for research for a non-commercial purpose. Any user, any dealing, literary/dramatic/musical/artistic works.
Fair dealing for private study. Any user, any dealing.
Copies for text and data analysis for non-commercial research. Any user with lawful access, reproduction only, all works.
Fair dealing for criticism, review, quotation, and news reporting.
Library and archive copying provisions, including new s.42A for single copies of published works.
Source links
Copyright, Designs and Patents Act 1988 (as applied to BIOT via English law, as amended through 2025)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 29, 29A, 30, 42A
Dates: Effective 2025-01-01
Why this score
As of 2025, the copyright law in force in BIOT remains the UK Copyright, Designs and Patents Act 1988 as amended, applied through the constitutional mechanism (English law applies in BIOT to the extent applicable and not locally modified). No BIOT-specific copyright ordinance exists. The most permissive research-relevant exception remains s.29 CDPA 1988: fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose (s.29(1)) or private study (s.29(1C)). 'Fair dealing' covers any act restricted by copyright, is open to any user, and applies to all types of works listed. This is GREEN. Section 29A (TDM for non-commercial research, reproduction only, BLUE standing alone) also remains in force but is less permissive than s.29. Library/archive provisions (ss.38-43, 42A) remain in force but are less permissive (PURPLE). No relevant amendments to these provisions have been identified between 2014 and 2025 that would change the classification. The UK did not implement the EU DSM Directive 2019/790 TDM provisions (Arts. 3-4) before Brexit (31 January 2020), and post-Brexit the UK has not enacted new TDM legislation as of early 2025 (a proposed broader TDM exception was consulted on but not enacted). Classification remains GREEN.
Exceptions considered
Fair dealing for research for a non-commercial purpose. Any user, any dealing (covers all exclusive rights), literary/dramatic/musical/artistic works.
Fair dealing for private study. Any user, any dealing.
Copies for text and data analysis for non-commercial research. Any user with lawful access, reproduction only, all works. Cannot be overridden by contract.
Fair dealing for criticism, review, quotation, and news reporting.
Library and archive copying provisions permitting librarians to supply copies for research/private study.
Reprographic copying by educational establishments for instruction.