The repeal of section 52 of the Copyright Designs and Patents Act 1988 has removed the 25 year cap on the length of copyright protection that certain works receive.
What's changed?
Following a series of
consultations that DACS took part in, the government has now repealed section 52 of the Copyright Designs and Patents Act 1988 (CDPA). The repeal took place on 28 July 2016, and as a result, industrially manufactured artistic works now receive the same level of
copyright protection as other artistic works, which is 70 years after the death of the creator.
Prior to the repeal, section 52 limited the duration of copyright in artistic works that had been industrially manufactured. This meant that when 50 copies or more of a work had been made, the copyright would have expired after 25 years from the date the works were first marketed.
Older artistic works that have been previously industrially manufactured but where the 25 year term of copyright expired will also benefit from the repeal of section 52, as these works will now resume the full term of copyright. However, this does not mean the law is applied retrospectively: any previous dealings with the artistic works, such as copies of them, will not be affected.
What type of works are affected?
The types of works that will be affected by this change are predominantly
‘works of artistic craftsmanship’, which is a term used in the definition of artistic works in UK law. However, there is no legal definition of ‘artistic craftsmanship’ itself, so each artwork must be assessed on a case by case basis using the criteria set out in previous legal judgments.
Read our factsheet.
Examples of works that would have been covered by section 52 can include pottery, furniture, book-binding, hand-painted tiles and needlework where more than 50 copies of the same work have been made.
Guidance for businesses and users
The UK government’s
Intellectual Property Office (IPO) has implemented a timetable for businesses dealing with copied artistic works, such as replica furniture, to deplete their existing stock made before the repeal of section 52. This must be done by 28 January 2017 – after which no unauthorised 2D or 3D copies of industrially manufactured artistic works within copyright may be sold or communicated to the public. The IPO has provided guidance notes for businesses and users of such works –
read them here.
Other legal changes relating to section 52 CDPA
The CDPA contained other sections that were not compatible with the repeal of section 52 – which included a limitation in Schedule 1 CDPA that prevented artistic works capable of being industrially manufactured having copyright protection if they were made prior to 1957. This has now been amended so that will no longer be the case.
Additionally, a 1995 law called the Duration of Copyright and Rights in Performances Regulations (‘the 1995 Regulations’) contained four provisions that related to compulsory licensing of works where copyright was revived. As compulsory licensing is not compatible with the exclusive rights of the creator to choose whether or not to allow their work to be licensed, the government repealed sections 24, 25, 34 and 35 of the 1995 Regulations. These extra changes to copyright laws will come into force on 6 April 2017.
Find out more.
For more information about copyright, visit
our Knowledge Base.
Related links:
DACS welcomes EU proposals for copyright reform
Copyright uncovered: What should I know about moral rights?
Image: Furniture designer, Max Lamb. Photographed by Brian Benson. © Brian Benson, 2016.