Intellectual
Property (Unregistered Rights) (Marrakesh Treaty) (Jersey) Regulations 2020
Made 18th November 2020
Coming into
force 25th November 2020
THE STATES make these Regulations under Article 401
of the Intellectual Property (Unregistered Rights) (Jersey) Law 2011[1] –
1 Amendment of the
Intellectual Property (Unregistered Rights) (Jersey) Law 2011
The Intellectual Property
(Unregistered Rights) (Jersey) Law 2011[2] is amended in
accordance with these Regulations.
2 Article 49 (making single accessible copy for personal
use by visually impaired person) amended
In Article 49 –
(a) for paragraph (1)
there is substituted –
“(1) If
a visually impaired person has lawful access to a copy (the “master copy”) of
the whole or part of a literary, dramatic, musical or artistic work, whether
published or otherwise made available, that is not accessible to the person
because of the impairment, it is not an infringement of copyright in the work for
an accessible copy of the master copy to be made by the person, or on the
person’s behalf, for the person’s personal use.”;
(b) paragraph (3) is
deleted;
(c) in paragraph (7)(b) for
“lawful possession” there is substituted “lawful access”.
3 Article 50 (multiple copies for visually impaired
persons) amended
In Article 50 –
(a) for paragraph (1)
there is substituted –
“(1) If
an approved body has lawful access to a copy (the “master copy”) of the whole
or part of a literary, dramatic, musical or artistic work, whether published or
otherwise made available, it is not an infringement of copyright in the work
for the body to make, communicate, make available or distribute accessible
copies for the personal use of visually impaired persons to whom the master
copy is not available because of their impairment.”;
(b) paragraphs (3) and
(4) are deleted;
(c) after paragraph (11)
there is inserted –
“(12) An
approved body which has made an accessible copy of a work under this Article
may communicate, make available or distribute it to another approved body which
is entitled to make accessible copies of the work under this Article for the
purposes of enabling that other body to make accessible copies of the work.”.
4 Article 51 (Intermediate copies
and records created during production of accessible copy)
In Article 51(3) for
“lend or transfer” there is substituted “communicate, make available,
distribute or lend”.
5 Article 54 (Articles 49 to 53: definitions and
other supplementary provision) amended
In Article 54 –
(a) in paragraph (3) for
“provides for a visually impaired person’s improved access to the work” there
is substituted “enables a visually impaired person to access the work,
including accessing it as feasibly and comfortably as a person who is not
visually impaired”;
(b) for paragraph (6)(b)
there is substituted –
“(b) who has an impairment of visual function
which cannot be improved (for example, by the use of corrective lenses) and
which prevents the person from enjoying a copyright work to substantially the
same degree as a person who does not have that impairment;”.
6 Citation and commencement
These Regulations may be
cited as the Intellectual Property (Unregistered Rights) (Marrakesh Treaty)
(Jersey) Regulations 2020 and come into force 7 days after they are made.