May 16, 2016
Don’t Get Caught Out! Repeal of s 52 Extends Copyright Protection for Artistic Works
Don’t Get Caught Out! Repeal of s 52 Extends Copyright Protection for Artistic Works

There has been some discussion in the media recently concerning the forthcoming repeal of Section 52 of the Copyright, Designs and Patents Act 1988 (‘CDPA’).   This section restricts the term of copyright protection for industrially exploited artistic works to 25 years.  It has now been confirmed that Section 52 will be repealed with effect from 28 July 2016, meaning that these exploited works will then be entitled to the full usual copyright term of the life of the creator plus 70 years. 

The practical effect of this is that many curtailed (copyright expired) rights will be resurrected, meaning that permission (i.e. a licence) from the copyright owner will now be needed where it previously was not.  The obvious beneficiaries of this change in the law are the owners whose copyright in mass-produced artistic works had previously expired but who may now once again claim exclusive rights to reproduce them. They will now benefit from granting licences and charging royalties.  On the flip-side are the businesses currently trading in replica works of artistic craftsmanship in reliance upon Section 52, for example, retailers of lookalike ‘classic’ designer furniture, who will now need to drastically rethink their business model and either pay any necessary royalties moving forwards, or sell off their existing stocks before 28 July 2016.  

Controversially, the transitional period that businesses now have to sell-off their existing stocks is relatively short.  Any copies produced, imported or acquired under contract in the UK prior to 28 October 2015 (the date of the public consultation date) must be sold or destroyed, or have acquired  permission from the copyright owner, before 28 January 2017.  If any such copies came into being after 28 October 2015 but before 28 July 2016, then these may be sold or dealt with until the repeal takes effect on 28 July 2016.  After 28 July 2016, all copies must be licensed unless they benefit from some other copyright exception.  After this date, even simple possession in the course of business of an unauthorised copy will infringe copyright.

Any parties affected by this change and wishing to know more may contact us for further information.  Additionally, for further reading, the Government has produced a guidance note on the new transitional arrangements for the repeal.  

It should also be noted that a further consultation is planned later in 2016 relating to works made prior to 1957 and compulsory licensing of works where copyright is revived.

Tags
Designs & Copyright /  Arts & Entertainment /  Patents /  IP basics

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