Copyright
Term
Jane Lambert
Sep
2002
Last updated 5 May 2004
Artistic, Dramatic, Literary and Musical
Works:
S. 12 (2) of the
Copyright Designs and Patents Act
1988 ("CDPA") has been amended by the Duration of
Copyright and Rights in Performances Regulations 1995 which implements
the
Term Directive - Council Directive
No. 93/98/EEC (OJ. No. L 290, 24.11.93, p. 9) - in the United
Kingdom. That directive extends the duration of copyright in artistic,
dramatic, literary and musical works from 50 to 70 years from the end of
the calendar year in which the author dies. The amended section provides
that copyright expires at the end of the period of 70 years from the end
of the calendar year in which the author dies except where:
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the author of the work is unknown in which case copyright expires 70 years from the end of the year in which the work was made unless the work is made available to the public during those years (that is to say, it is performed, broadcast, included in a cable programme or included in a film, broadcast or cable programme) whereupon copyright expires 70 years after the end of the calendar year in which the copyright was first made available; |
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the country of origin of the copyright work is outside the European Economic Area (that is to say not one of the member states of the European Union and the European Free Trade Association) ("EEA") copyright expires when it would expire in that country of origin provided that is not later than any of the periods set out above; |
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the work is computer generated in which case copyright expires 50 years from the end of the calendar year in which it was made. |
Where the work is a work of joint authorship, the reference to the death of the author means the death of the last author if they are all known or to the death of the last known author if only some of them are known.
Sound Recordings
A new s.13A inserted by the 1995 Regulations and amended by reg 29 of
provides that copyright in a sound recording expires:
(a) at the end of the period of 50 years from the end of the calendar
year in which the recording is made, or
(b) if during that period the recording is published, 50 years from the
end of the calendar year in which it is first published, or
(c) if during that period the recording is not published but is made
available to the public by being played in public or communicated to the
public, 50 years from the end of the calendar year in which it is first
so made available.
The new sub-section further provides that in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorized act. Where the author of a sound recording is not a national of a member state of the EEA, copyright subsists for as long as it would in the author's country provided that does not exceed the above periods.
Films
A new s.13B (2) inserted by the 1995 regulations provides for copyright
to expire at the end of the period of 70 years from the end of the
calendar year in which the last to die of the following persons dies,
that is to say the principal director, the author of the screenplay, the
author of the dialogue, or the composer of any music specially created
for and used in the film. If there is nobody who falls within any of
these descriptions, copyright expires at the end of the period of 50
years from the end of the calendar year in which the film was made.
Where
the identity of one or more of those persons is unknown - that is to
say, his or her identity cannot be ascertained by reasonable enquiry -
the reference to the death of the last of them to die means the death of
the last person whose identity is known. If the identity of all of them
is unknown, copyright expires at the end of the period of 70 years from
the end of the calendar year in which the film is made, or if during
that period the film is made available to the public (that is to say,
being shown in public, broadcast or included in a cable programme
service), at the end of the period of 70 years from the end of the
calendar year in which the film was first made available to the public.
Where the country of origin of the film is not an EEA state and the
author of the film is not a national of any EEA state, the duration of
copyright is that to which the work is entitled in the country of
origin, provided that does not exceed the above period.
Broadcasts
S.14 (2), as amended by the 1995 Regulations, provides that copyright in
a broadcast or cable programme expires at the end of the period of 50
years from the end of the calendar year in which the broadcast is made
or the programme included in a cable programme service with the
following exceptions. The first exception is that where the author of
the broadcast or cable programme is not a national of an EEA state, the
duration of copyright in the broadcast or cable programme is that to
which the work is entitled in the author's country unless that would be
at variance with an existing international obligation of the United
Kingdom. Further such period may not be longer than the period provided
by the Act. The second exception is that copyright in a repeat broadcast
or cable programme expires at the same time as the copyright in the
original broadcast or cable programme. Accordingly no copyright arises
in respect of a repeat broadcast or cable programme which is broadcast
or included in a cable programme service after the expiry of the
copyright in the original broadcast or cable programme.
Typographical Arrangements
S.15 of the Act provides that copyright in the typographical arrangement
of a published edition expires at the end of the period of 25 years from
the end of the calendar year in which the edition was first published.
Crown and Parliamentary Copyright
Special periods apply to the works in which Crown and parliamentary
subsist (see
"Crown and Parliamentary Copyright etc").
