Selected year snapshot
For 2025, the active event in this file is Intellectual Property (Copyright and Related Rights) Act 2005 (as amended).
100%
Current rationale
As of 2025, Gibraltar's copyright law is the Intellectual Property (Copyright and Related Rights) Act 2005 as amended. The most permissive research-relevant exception remains Section 54: fair dealing with literary, dramatic, musical or artistic works for research (non-commercial) or private study. 'Fair dealing' covers any exclusive right (not limited to reproduction), applies to any user, and covers the core categories of works. Section 54A provides an additional TDM-specific exception covering reproduction of any type of work for computational analysis for non-commercial research, but prohibits transfer/sharing, making it BLUE standing alone. The overall classification is GREEN based on Section 54 as the most permissive exception. Classification-neutral factors noted: non-commercial restriction on research (s.54(1)), sufficient acknowledgement requirement, lawful access requirement for TDM (s.54A). Subsequent amendments (LN. 2018/286, LN. 2019/210, LN. 2019/245, Act 2020-14, LN. 2020/463) were reviewed via the file index on gibraltarlaws.gov.gi; these relate to orphan works, Marrakesh Treaty implementation, and Brexit-related adjustments, none of which materially altered the scope of ss.54 or 54A for research purposes.
Exceptions considered
Fair dealing with LDMA works for research (non-commercial) or private study — covers any dealing (any exclusive right), any user
Making a copy of any work for text and data analysis for non-commercial research; no transfer permitted; contract-override protection
Fair dealing for criticism, review, news reporting
Copying in the course of instruction (LDMA works, not reprographic)
Copying by librarians of articles in periodicals and parts of published works for persons requiring them for research or private study
Observing, studying and testing of computer programs to determine underlying ideas and principles
Law changes
Copyright Act 1911 (as extended to Gibraltar)
Baseline · Effective 1990-01-01
100%
Relevant section: Section 2(1)(i)
Dates: Effective 1990-01-01 · Enacted 1911-12-16
Why this score
The Copyright Act 1911 was extended to Gibraltar as a British colony. Section 2(1)(i) provides a fair dealing exception for 'private study, research, criticism, review, or newspaper summary.' The term 'fair dealing with any work' covers any exclusive right (not limited to reproduction), applies to all types of works ('any work'), and is not restricted to a particular class of user. 'Private study' and 'research' are listed as separate purposes joined by commas, and the fair dealing clause itself is not qualified by 'private' or 'personal' as a general modifier — 'private' modifies only 'study.' This yields GREEN: full works, any user, any use (dealing), for research. Non-commercial restriction is absent. No TDM-specific provision exists but the general fair dealing clause is the most permissive exception.
Exceptions considered
Fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary
Original text
Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright: Provided that the following acts shall not constitute an infringement of copyright:— (i) Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary;
English rendering
Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary;
Source links
Intellectual Property (Copyright and Related Rights) Act 2005
Relevant update · Effective 2005-04-28
100%
Relevant section: Sections 54, 55, 56, 57, 58, 59, 60, 93A
Dates: Effective 2005-04-28 · Enacted 2005-03-10
Why this score
The 2005 Act replaced the 1911 Act for Gibraltar. Section 54 provides fair dealing for research (non-commercial) and private study with literary, dramatic, musical or artistic works. The term 'fair dealing' covers any exclusive right, not only reproduction. This applies to any user (not restricted to institutions or individuals acting privately — 'research for a non-commercial purpose' is open to any person). The exception covers literary, dramatic, musical and artistic works but notably does NOT cover sound recordings, films, or broadcasts. However, the use of 'fair dealing' (covering any act restricted by copyright) and the openness to any user for research purposes maps to GREEN. The work-type limitation to LDMA works is a restriction, but 'artistic works' is broadly defined (s.6 includes photographs, sculptures, etc.), and the core research materials (text, images, music) are covered. The non-commercial restriction is classification-neutral per the rules. The acknowledgement requirement is a formality, not a scope restriction. Section 54A (added 2014) provides a separate exception for copies for text and data analysis for non-commercial research, which reinforces the GREEN classification. Library exceptions (ss.59-60) are narrower (PURPLE) and not the most permissive. Overall classification: GREEN based on s.54's fair dealing for research covering any dealing with LDMA works by any user.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose or private study
Fair dealing with a work for the purpose of criticism or review, or reporting current events
Copying in the course of instruction or preparation for instruction (LDMA works, not by reprographic process)
Copying by librarians of articles in periodicals and parts of published works for research/private study
Original text
54. Fair dealing for research and private study. (1) 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. (2) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe any copyright in the work. (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 61 would not permit to be done under section 59 or 60 (articles in periodicals: copies of parts of published works), 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 to convert a computer program expressed in a low level language into a version expressed in a higher level language, or incidentally in the course of so converting the program, to copy it (these acts being permitted if done in accordance with section 93). (5) In this section "fair dealing" does not include the making of a reprographic copy of a passage from a published edition which is not itself a fair dealing. 55. Fair dealing for criticism, review and news reporting. (1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement and provided that the work has been made available to the public. 56. Incidental inclusion of copyright material. (1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast. 57. Things done for purposes of instruction or examination. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying– (a) is done by a person giving or receiving instruction, (b) is not done by means of a reprographic process, and (c) is accompanied by a sufficient acknowledgement. 58. Anthologies for educational use. 59. Copying by librarians: articles in periodicals. 60. Copying by librarians: parts of published works.
English rendering
54. Fair dealing for research and private study. (1) 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. (2) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe any copyright in the work. (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 61 would not permit to be done under section 59 or 60 (articles in periodicals: copies of parts of published works), 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
Intellectual Property (Copyright and Related Rights) Act 2005 (Amendment) Regulations 2014 (LN. 2014/173)
Relevant update · Effective 2014-10-29
100%
Relevant section: Section 54A
Dates: Effective 2014-10-29 · Enacted 2014-10-29
Why this score
LN. 2014/173 inserted Section 54A into the 2005 Act, adding a specific TDM exception for non-commercial research. Section 54A covers 'a work' (any type of work, not limited to LDMA), permits reproduction by any person with lawful access, but only covers 'making of a copy' (reproduction only, not communication/sharing — transfer is explicitly prohibited under s.54A(2)(a)). Standing alone, s.54A would be BLUE (reproduction of any work, any user, but no sharing). However, the pre-existing Section 54 fair dealing for research remains in force and is more permissive because 'fair dealing' covers any exclusive right (not only reproduction). Therefore the overall classification remains GREEN based on s.54 as the most permissive exception. The addition of s.54A reinforces research rights but does not change the overall color. Section 54A also includes a contract-override provision (s.54A(5)), which is classification-neutral. Non-commercial restriction is classification-neutral.
Exceptions considered
Fair dealing with LDMA works for research (non-commercial) or private study — covers any dealing (any exclusive right), any user
Making a copy of any work for text and data analysis for non-commercial research by any person with lawful access; no transfer/sharing permitted
Fair dealing for criticism, review, news reporting
Copying in the course of instruction (LDMA works, not reprographic)
Copying by librarians of articles in periodicals and parts of published works
Observing, studying and testing of computer programs
Original text
54A. 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
Intellectual Property (Copyright and Related Rights) Act 2005 (as amended)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 54, 54A, 55, 57, 59, 60, 93A
Dates: Effective 2025-01-01
Why this score
As of 2025, Gibraltar's copyright law is the Intellectual Property (Copyright and Related Rights) Act 2005 as amended. The most permissive research-relevant exception remains Section 54: fair dealing with literary, dramatic, musical or artistic works for research (non-commercial) or private study. 'Fair dealing' covers any exclusive right (not limited to reproduction), applies to any user, and covers the core categories of works. Section 54A provides an additional TDM-specific exception covering reproduction of any type of work for computational analysis for non-commercial research, but prohibits transfer/sharing, making it BLUE standing alone. The overall classification is GREEN based on Section 54 as the most permissive exception. Classification-neutral factors noted: non-commercial restriction on research (s.54(1)), sufficient acknowledgement requirement, lawful access requirement for TDM (s.54A). Subsequent amendments (LN. 2018/286, LN. 2019/210, LN. 2019/245, Act 2020-14, LN. 2020/463) were reviewed via the file index on gibraltarlaws.gov.gi; these relate to orphan works, Marrakesh Treaty implementation, and Brexit-related adjustments, none of which materially altered the scope of ss.54 or 54A for research purposes.
Exceptions considered
Fair dealing with LDMA works for research (non-commercial) or private study — covers any dealing (any exclusive right), any user
Making a copy of any work for text and data analysis for non-commercial research; no transfer permitted; contract-override protection
Fair dealing for criticism, review, news reporting
Copying in the course of instruction (LDMA works, not reprographic)
Copying by librarians of articles in periodicals and parts of published works for persons requiring them for research or private study
Observing, studying and testing of computer programs to determine underlying ideas and principles
Original text
54. Fair dealing for research and private study. (1) 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. (2) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe any copyright in the work. 54A. 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).