Industrially Manufactured items have Copyright extended from 25 to 70 years
by Jo Shaer, on November 25, 2016
Another hat tip to the FSB magazine for highlighting the Repeal of section 52 of the Copyright, Designs and Patents Act 1988.
Copyright protects literary, dramatic, music and artistic works. Most artistic works are protected by copyright for the lifetime of the creator plus 70 years. However, there was an exception in Section 52 of the Copyright, Designs and Patents Act 1988 (“CDPA”) which limited the term of copyright protection for certain artistic works when they had been industrially manufactured. This means that when more than 50 copies of these artistic works were made, then the current period of protection was limited to 25 years.
As a result of the upcoming change to copyright law, some UK businesses, organisations and individuals may find they need to change their business models or product ranges because Copyright infringement is against the law. Deliberate infringement on a commercial scale may lead to a criminal prosecution.
The works most likely to be affected by the repeal of section 52 CDPA are “works of artistic craftsmanship” and you should read page 8 of the Guidance notes to understand what these are.
Do the new rules apply to old works where copyright had been limited to 25 years?
Yes - but you have a six month transition period in which to comply which ends on 28 January 2017. After this date, no unauthorised copies may be sold, put into circulation or communicated to the public unless an exception applies.