Copyright, Designs and Patents Act 1988

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Copyright, Designs and Patents Act 1988
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
United Kingdom Parliament
Long title An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street; Henry Lau, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.
Citation 1988 c. 48
Territorial extent Defined by s. 304
Part 1 extends (partially) to Bermuda by S.I. 2003/1517.
Dates
Royal assent 15 November 1988
Commencement 15 November 1988 (partially)
15 January 1989 (partially)
9 June 1989 (partially)
28 July 1989 (partially)
1 August 1989 (partially)
10 July 1990 (partially)
13 August 1990 (partially)
7 January 1991 (remainder)
Other legislation
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Copyright, Designs and Patents Act 1988 (c. 48), also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

Contents

Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works).

In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, films, sound recordings, broadcasts, and typographical arrangement of published editions. [1]

The Act

Part 1 of the Act "restates and amends" (s. 172) the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 (c. 46) and 1956 (c. 74) continue to have some effect in limited circumstances under ss. 170 & 171 and Schedule 1. It brings United Kingdom law into line with the Berne Convention for the Protection of Literary and Artistic Works, which the UK signed more than one hundred years previously, and allowed the ratification of the Paris Act of 1971.

Territorial application

Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. 157); amendments by Order in Council extended the Act to Bermuda and Gibraltar . Works originating (by publication or nationality/domicile of the author) in the Isle of Man or the following former dependent territories qualify for copyright under the Act: Antigua, Dominica, Gambia, Grenada, Guyana, Jamaica, Kiribati, Lesotho, St. Christopher-Nevis, St. Lucia, Swaziland and Tuvalu. All other countries of origin whose works qualified for United Kingdom copyright under the UK Copyright Act 1911, also known as the Imperial Copyright Act of 1911, or the 1956 Acts continue to qualify under this Act (para. 4(3) of Schedule 1).

The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs.

The following works are exempted from copyright by the transitional provisions of Schedule 1:

Finally, section 3(2) states that copyright does not subsist in a literary, dramatic or musical work until it is recorded in writing or otherwise. [2] This act of recording a work in any form is called "fixation." An example includes taking a photograph or writing down a poem. This fixes the work retrospectively from the moment the work was created.

The Act as it received royal assent does not substantially change the qualification requirements of the author or the country of origin of the work, which are restated as ss. 153–156: these have since been largely modified, in particular by the Duration of Copyright and Related Rights Regulations 1995 No. 3297.

Rights in performances

Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961. These rights are retrospective in respect of performances before commencement on 1 August 1989 (s. 180). These rights have been largely extended by the transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty: the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself.

A performer has the exclusive right to authorise the recording and/or broadcast of his performances (s. 182). The use or broadcast of recordings without the performer's consent (s. 183) and the import or distribution of illicit recordings (s. 184) are also infringements of the performer's rights. A person having an exclusive recording contract over one or more performances of an artist holds equivalent rights to the performer himself (ss. 185–188). Schedule 2 lists the permitted acts (limitations) in relation to these rights.

Rights in performances last for fifty years from the end of the year in which the performance was given (s. 191). They may not be assigned or transferred, and pass to the performer's executors on death (s. 192). An infringement of rights in performances is actionable under the tort of breach of statutory duty. Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss. 195, 204): holders in rights in performances may also seize such copies (s. 196). The making, dealing in or use of infringing copies is a criminal offense (s. 198), as is the false representation of authority to give consent (s. 201).

The provisions on duration have been largely modified by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. The provisions of the 1988 Act (ss. 12–15) as it received Royal Assent are given below. All periods of copyright run until the end of the calendar year in which they would otherwise expire. The duration of copyright under the 1988 Act does not depend on the initial owner of the copyright, nor on the country of origin of the work. The following durations do not apply to Crown copyright, Parliamentary copyright or the copyright of international organisations.

Literary, dramatic, musical or artistic workss. 12Copyright lasts for seventy years from the death of the author. If the author is unknown, copyright expires seventy years after the work is first made available to the public (The Duration of Copyright and Rights in Performances Regulations 1995 [3] amended these durations from the previous period of fifty to seventy years). If the work is computer-generated, copyright expires fifty years after the work is made.
Sound recordings and filmss. 13Copyright lasts for fifty years after the recording is made.If the recording or film is released (published, broadcast or shown in public) within this period, the copyright lasts for seventy years from the date of release. (Amended from 50 years by The Copyright and Duration of Rights in Performances Regulations 2013).

Note that the Duration of Copyright and Rights in Performances Regulations 1995 amended the durations, for films only, to seventy years from the death of the last principal director, author or composer. If the film is of unknown authorship: seventy years from creation, or if released within this period, seventy years from first release. [4]

Broadcasts and cable programmess. 14Copyright lasts for fifty years after the first broadcast or transmission. [5] The repeat of a broadcast or a cable programme does not generate a new copyright period.
Typographical arrangementss. 15Copyright lasts for twenty-five years after the edition is published.

Transitional provisions

These provisions apply to works existing on 1 August 1989, other than those covered by Crown copyright or Parliamentary copyright (paras. 12 & 13 of Schedule 1).

The duration of copyright in the following types of work continued to be governed by the 1956 Act:

— however these transitional provisions were largely cancelled by the 1995 Regulations, [6] which in many cases caused lapsed UK copyrights to be revived.

Copyright in the following types of work lasts until 31 December 2039:

Mass-produced artistic works

Artistic works that are mass-produced by an industrial process suffer from a downgrading of their copyright term from the life of the creator plus 70 to 25 years as a result of the provisions of section 52 of the Copyright, Designs and Patents Act 1988. The Enterprise and Regulatory Reform Act 2013 [7] was introduced into Parliament on 23 May 2012 and received royal assent the next year in April. If section 56(2) of the Bill is enacted then artistic works that are mass-produced by the copyright holder will benefit from the same period of protection as those not replicated in large numbers. The result will be a significant extension from 25 years to that of the life of the creator plus 70 years. The proposed change is a reaction to pressure from the international furniture industry supported by manufacturers of decorative arts: copyright holders of many famous and much copied 20th century furniture design classics such as the Egg Chair and Barcelona Daybed hope that long expired copyright periods will be revived allowing for a further period of commercial exploitation. [8] Some legal commentators have doubted whether the legislation will have the desired effect. They contend that many mass-produced items of 20th-century industrial furniture may not be defined by the courts of the United Kingdom as works of artistic craftsmanship but as mere designs. A design that is not an artistic work attracts no copyright protection under the 1988 Act. [9]

Peter Pan

Illustration of Peter Pan playing the pipes, by F. D. Bedford from Peter and Wendy (1911) Peter pan 1911 pipes.jpg
Illustration of Peter Pan playing the pipes, by F. D. Bedford from Peter and Wendy (1911)

Section 301 and Schedule 6 contain an unusual grant of the right to royalties in perpetuity, proposed by Jim Callaghan, enabling Great Ormond Street Hospital for Children to continue to receive royalties for performances and adaptations, publications and broadcast of "Peter Pan" whose author, J. M. Barrie, had given his copyright to the hospital in 1929, later confirmed in his will. Although often incorrectly referred to as a perpetual copyright, it does not confer Great Ormond Street Hospital full intellectual property rights over the work. The amendment was proposed when Peter Pan's copyright first expired on 31 December 1987, 50 years after Barrie's death, which was the copyright term at that time. Following EU legislation extending the term to author's life + 70 years, Peter Pan's copyright was revived in 1996 and expired on 31 December 2007 in the UK, where Great Ormond Street Hospital's right to remuneration in perpetuity now prevails.

Fair dealing defences and permitted acts

Chapter III of Part I of the Act provides for a number of situations where copying or use of a work will not be deemed to infringe the copyright, in effect limitations on the rights of copyright holders. The existing common law defences to copyright infringement, notably fair dealing and the public interest defence, are not affected (s. 171), although many of the statutory permitted acts would also qualify under one of the common law defences: the defence of statutory authority is specifically maintained in section 50. This chapter of the Act has been substantially modified, notably by the Copyright and Related Rights Regulations 2003 No. 2498 transposing the EU Information Society Directive: the description below is of the Act as it received royal assent.

Fair dealing defences

The following are also permitted acts (the list is not exhaustive):

Educational use

In general, limited copying for educational use (including examination) is permitted so long as it is 'fair dealing' and is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35) : however, reprographic copying of published editions is only permitted within the limit of 5% of the work per year (s. 36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s. 34): the parents of pupils are considered members of the public unless they have some other connection with the establishment there are different things too.(e.g., by being teachers or governors). Further provisions are contained in secondary legislation.

Libraries and archives

Librarians may make and supply single copies of an article or of a reasonable proportion of a literary, artistic or musical work to individuals who request them for the purposes of private study or research (ss. 38–40); copying of the entire work is possible if it is unpublished and the author has not prohibited copying (s.–43). They may also make and supply copies to other libraries (s. 41) and make copies of works in their possession where it is not reasonably possible to purchase further copies (s. 42). The detailed conditions for making copies are contained in secondary legislation, currently the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No. 1212.

Public administration

Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purposes of a Royal Commission or statutory inquiry (ss. 45, 46). The Crown may make copies of works which are submitted to it for official purposes (s. 48). Material which is open to public inspection or on an official register may be copied under certain conditions: this includes material made open to public inspection by the European Patent Office and by the World Intellectual Property Organization under the Patent Cooperation Treaty, and material held as public records under the Public Records Act 1958 c. 51 or similar legislation (s. 49).

Relevant cases

Moral rights

The Act creates a specific regime of moral rights for the first time in the United Kingdom: previously, an author's moral right had to be enforced through other torts, e.g. defamation, passing off, malicious falsehood. The author's moral rights are:

The moral rights of an author cannot be transferred to another person (s. 94) and pass to their heirs on his death (s. 95): however, they may be waived by consent (s. 87). The right to object to false attribution of a work lasts for twenty years after the author's death. The other moral rights last for the same period as the other copyright rights in the work (s. 86).

There are some narrow exceptions to moral rights. For example, s. 79 states that the right to be named as author does not apply in relation to computer programs, design of a typeface, or any other computer generated work. Additionally, the right to object to any derogatory treatment, does not apply to computer programs, works made for the reporting of current events, newspaper publications, or collective works of reference (s. 81).

Once someone has successfully claimed their moral rights to be infringed, they are entitled to a remedy. As moral rights are non-economic in nature, damages would be for non-economic loss. For example, this might include a remedy imposed by the court that requires the defendant to issue a disclaimer dissociating the author from any derogatory treatment of the work in question.

Crown and Parliamentary copyrights

The Act simplifies the regime of Crown copyright, that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. It also creates the separate concept of Parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament, and applies similar rules to the copyrights of certain international organisations.

Crown copyright last for fifty years after publication, or 125 years after creation for unpublished works (s. 163): however, no unpublished works of the Crown will come into the public domain until 31 December 2039, that is fifty years after the commencement of section 163. Acts of the United Kingdom and Scottish Parliaments and Church of England Measures are protected by Crown copyright for fifty years from royal assent (s. 164). Works of the Parliaments of the United Kingdom and of Scotland, except Bills and Acts, are protected by Parliamentary copyright for fifty years after creation: Bills are protected from the date of their introduction to the date of royal assent or of rejection (ss. 165–167, Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676 ). The works of the United Nations and its specialised agencies and of the Organisation of American States are protected for fifty years after creation (s. 168, Copyright (International Organisations) Order 1989 No. 989 ).

Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s. 96) or, in the case of infringement of moral rights, as the tort of breach of statutory duty (s. 103). Damages will not be awarded against an "innocent" defendant, i.e. one who did not know and had no reason to know that the work was under copyright, but other remedies (e.g. injunction, account of profits: Scots law interdict, accounting and payment of profits) continue to be available (s. 97, see Microsoft v Plato Technology ). Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss. 99, 114): copyright owners may also seize such copies (s. 100). The making, dealing in or use of infringing copies is a criminal offence (s. 107). Copyright owners may ask the HM Revenue and Customs to treat infringing copies as "prohibited goods", in which case they are prohibited from import (s. 111). Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required. Section 300 creates the offense of fraudulently using a trademark, inserted as ss. 58A–58D of the Trade Marks Act 1938 c. 22.

Infringement of performers' rights

The Copyright and Related Rights Regulations 2003 amended the CDPA to provide an additional right of performers to require consent before making copies of their performances available to the public by electronic transmission. [20]

Secondary infringement

The Act codifies the principle of secondary infringement, that is knowingly enabling or assisting in the infringement of copyright, which had previously been applied at common law (see R v Kyslant ). Secondary infringement covers:

Liability for secondary infringement is dependent on the defendant knowing or having reason to believe, that the activities in question are wrongful. This question of requisite knowledge is determined objectivity. [21]

Criminal offences

Copyright infringement that may be criminal offences under the Copyright, Designs and Patents Act 1988 are the:

The penalties for these copyright infringement offences may include:

The Act establishes the Copyright Tribunal as a continuation of the tribunal established under s. 23 of the 1956 Act (s. 145). The Tribunal is empowered (s. 149) to hear and determine proceedings concerning:

An appeal on any point of law lies to the High Court, or to the Court of Session under Scots law.

Design right

Part III of the Act creates a "design right" separate from the registration of designs governed by the Registered Designs Act 1949. To qualify, the design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s. 213(3)):

The design must be recorded in a document after 1989-08-01 (s. 213(6)): designs recorded or used before that date do not qualify (s. 213(7)).

The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s. 216).

Designs and typefaces

The copyright in a design document is not infringed by making or using articles to that design, unless the design is an artistic work or a typeface (s. 51). If an artistic work has been exploited with permission for the design by making articles by an industrial process and marketing them, the work may be copied by making or using articles of any description after the end of a period of twenty-five years from the end of the calendar year when such articles were first marketed (s. 52). It is not an infringement of the copyright in a typeface to use it in the ordinary course of printing or to use the material produced by such printing (s. 54).

Registered designs

Part IV of the Act contains a certain number of amendments to the Registered Designs Act 1949 c. 88. The criteria for registration of a design and the duration of the registered design right (ss. 1 & 8 of the 1949 Act) are notably modified. Provisions are also added to allow ministers to take action to protect the public interest in monopoly situations (s. 11A of the 1949 Act) and to provide for compensation for Crown use of registered designs (para. 2A to Schedule 1 to the 1949 Act). A consolidated version of the Registered Designs Act 1949 is included (s. 273, Schedule 4).

Patents and trademarks

Part V of the act provides for the registration of patent agents and trade mark agents and for the privilege of their communications with clients from disclosure in court. Part VI of the act creates a system of patents county courts for proceedings involving patents which are of a lesser financial implication.

Commencement

There are numerous commencement dates for the different sections of the Act, detailed below. The provisions on copyright, rights in performances and design right came into force on 1 August 1989, while the registration of patent agents and trade mark agents came into force on 13 August 1990.

Date of commencementProvisionsAuthority for commencement
15 November 1988s. 301 and Schedule 6
paras. 24 & 29 of Schedule 5		s. 305(1)
15 January 1989ss. 293 & 294s. 305(2)
28 July 1989ss. 304(4) & (6)Copyright, Designs and Patents Act 1988 (Commencement No. 4) Order 1989
1 August 1989Parts I–III
Parts IV, VI & VII except for provisions mentioned elsewhere
Schedules 1–3, 5, 7 & 8 except for provisions below		Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989
13 August 1990Part V
para 21 of Schedule 3
Schedule 4
para. 27 of Schedule 5
paras. 15, 18(2) & 21 of Schedule 7
consequential repeals of Schedule 8
ss. 272, 295, 303(1) & (2) insofar as they relate to the above		Copyright, Designs and Patents Act 1988 (Commencement No. 5) Order 1990
7 January 1991paras. 1–11, 17–23, 25, 26, 28 & 30 of Schedule 5
consequential repeals in Schedule 8
ss. 295 & 303(2) insofar as they relate to the above		Copyright, Designs and Patents Act 1988 (Commencement No. 6) Order 1990

The Copyright, Designs and Patents Act 1988 (Commencement No. 2) and (Commencement No. 3) Orders 1989 are technical measures to allow the preparation of secondary legislation.

Modifications

Transposition of European Union directives

The following regulations were made under the European Communities Act 1972 in order to implement European Union directives in UK law.

DirectiveTransposition
Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products Design Right (Semiconductor Topographies) Regulations 1989 No. 1100
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs Copyright (Computer Programs) Regulations 1992 No. 3233
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property Copyright and Related Rights Regulations 1996 No. 2967
Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights Duration of Copyright and Rights in Performances Regulations 1995 No. 3297
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission Copyright and Related Rights Regulations 1996 No. 2967
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases Copyright and Rights in Databases Regulations 1997 No. 3032
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, more usually known as the Information Society Directive Copyright and Related Rights Regulations 2003 No. 2498
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art Artist's Resale Right Regulations 2006 No. 346
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights Intellectual Property (Enforcement, etc.) Regulations 2006 No. 1028
Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, [31] which replaced the Rental Directive Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 No. 2694 [32]

Also:

Other modifying measures

Other secondary legislation

See also

References and notes

  1. ^ Section 304 of the CDPA.
  2. ^ The Berne Convention came into force for the United Kingdom on 5 December 1887. The United Kingdom ratified the Paris Act of the convention on 2 January 1990. The Paris Act extends to the Isle of Man from 18 March 1996. Source: WIPO.
  3. ^ Modifications to the duration of copyright were by transposition of Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, OJ no. L290 of 24 November 1993, p. 9.
  4. ^ Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ no. L167 of 22 June 2001, p. 10, corrected by OJ no. L006 of 10 January 2002, p. 70.
  5. ^ This does not apply if there is an approved licensing scheme which covers the broadcasts. See Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University) Order 2003 No. 187.
  6. ^ Copyright (Application of Provisions relating to Educational Establishments to Teachers) (No. 2) Order 1989 No. 1067. Copyright (Educational Establishments) Order 2005 No. 223.
  7. ^ Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No. 1212.
  8. ^ Copyright (Material Open to Public Inspection) (Marking of Copies of Maps) Order 1989 No. 1099. Copyright (Material Open to Public Inspection) (Marking of Copies of Plans and Drawings) Order 1990 No. 1427.
  9. ^ Copyright (Material Open to Public Inspection) (International Organisations) Order 1989 No. 1098.
  10. ^ Public Records (Scotland) Act 1937 c. 43. Public Records (Northern Ireland) Act 1923 c. 20 (N.I.).
  11. ^ Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989 No. 1012.
  12. ^ Copyright (Sub-titling of Broadcasts and Cable Programmes) (Designated Body) Order 1989 No. 1013.
  13. ^ Copyright (Recording for Archives of Designated Class of Broadcasts and Cable Programmes) (Designated Bodies) Order 1993 No. 74.
  14. ^ See also Copyright and Rights in Performances (Notice of Seizure) Order 1989 No. 1006.
  15. ^ See also Copyright (Customs) Regulations 1989 No. 1178. Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 No. 1473 [ permanent dead link ].
  16. ^ See also Copyright Tribunal Rules 1989 No. 1129. Copyright Tribunal (Amendment) Rules 1991 No. 201. Copyright Tribunal (Amendment) Rules 1992 No. 467.
  17. ^ The Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676.
  18. ^ The Copyright (International Organisations) Order 1989 No. 989, ISBN   0-11-096989-8.
  19. ^ The Copyright (Bermuda) Order 2003 No. 1517, ISBN   0-11-046509-1.
  20. ^ The Copyright (Gibraltar) Order 2005 No. 853, ISBN   0-11-072694-4.
  21. ^ The Copyright (Application to the Isle of Man) Order 1992 No. 1313, ISBN   0-11-024313-7.
  22. ^ Botswana, the Seychelles, the Solomon Islands and Uganda have been removed from the list of countries enjoying qualification as former dependent territories with respect to the list which applied for the 1956 Act: The Copyright (Status of Former Dependent Territories) Order 1990 No. 1512, ISBN   0-11-004512-2.
  23. ^ See also Copyright and Performances (Application to Other Countries) Order 2006 No. 316.
  24. ^ The United Kingdom became a party to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations on 18 May 1964 subject to a declaration concerning Articles 5(1)(b), 6(2) and 16(1)(a)(ii), (iii) and (iv) [Le Droit d'auteur, 1963, p. 244]. The convention extends to Gibraltar and Bermuda with the same declaration [Copyright, 1967, p. 36; Copyright, 1970, p. 108], and to the Isle of Man (with effect from 28 July 1999). Source: WIPO.
  25. ^ The application of the WIPO Performances and Phonograms Treaty in UK law is made by the Performances (Moral Rights, etc.) Regulations 2006 No. 18.
  26. ^ This provision has been extended to Guernsey: Fraudulent Reception of Transmissions (Guernsey) Order 1989 No. 2003.
  27. ^ The Copyright, Designs and Patents Act 1988 (Commencement No. 4) Order 1989 No. 1303.
  28. ^ The Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989 No. 816.
  29. ^ The Copyright, Designs and Patents Act 1988 (Commencement No. 5) Order 1990 No. 1400.
  30. ^ The Copyright, Designs and Patents Act 1988 (Commencement No. 6) Order 1990 No. 2168.
  31. ^ The Copyright, Designs and Patents Act 1988 (Commencement No. 2) Order 1989 No. 955 [ permanent dead link ]. The Copyright, Designs and Patents Act 1988 (Commencement No. 3) Order 1989 No. 1032.
  32. ^ Design Right (Semiconductor Topographies) Regulations 1989 No. 1100, amended by the Design Right (Semiconductor Topographies) (Amendment) Regulations 2006 No. 1833.
  33. ^ Copyright (Computer Programs) Regulations 1992 No. 3233.
  34. ^ Copyright and Related Rights Regulations 1996 No. 2967
  35. ^ The Duration of Copyright and Rights in Performances Regulations 1995 No. 3297, ISBN   0-11-053833-1.
  36. ^ Copyright and Rights in Databases Regulations 1997 No. 3032, amended by the Copyright and Rights in Databases (Amendment) Regulations 2003 No. 2501.
  37. ^ The Copyright and Related Rights Regulations 2003 No. 2498, ISBN   0-11-047709-X.
  38. ^ The United Kingdom lost a "failure to transpose" case in the European Court of Justice with respect to Directive 2001/29/EC: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Case C-88/04), OJ no. C045 of 19 February 2005, p. 11.
  39. ^ Artist's Resale Right Regulations 2006 No. 346.
  40. ^ Intellectual Property (Enforcement, etc.) Regulations 2006 No. 1028 [ permanent dead link ].
  41. ^ Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995 No. 1445.
  42. ^ The Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676.
  43. ^ Conditional Access (Unauthorised Decoders) Regulations 2000 No. 1175.
  44. ^ For commencement, see the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (Commencement) Order 2002 No. 2749
  45. ^ For commencement, see the Copyright (Visually Impaired Persons) Act 2002 (Commencement) Order 2003 No. 2499
  46. ^ For commencement, see the Legal Deposit Libraries Act 2003 (Commencement) Order 2004 No. 130
  47. ^ Re-use of Public Sector Information Regulations 2005 No. 1515.
  48. ^ Performances (Moral Rights, etc.) Regulations 2006 No. 18.

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The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

The Copyright Act is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.

A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

"Author's rights" is a term frequently used in connection with laws about intellectual property.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

<span class="mw-page-title-main">Copyright and Related Rights Regulations 2003</span> United Kingdom legislation

The Copyright and Related Rights Regulations 2003 transpose the Information Society Directive "(Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society)",, into United Kingdom law. As such, its main effects are to modify the Copyright, Designs and Patents Act 1988 c. 48 with minor consequential modifications to other Acts and secondary legislation.

<span class="mw-page-title-main">Photography and the law</span> Legal status of photography, including intellectual property and privacy laws

The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.

Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1971, the copyright term also spans 38 years after the director's death.

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments. It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.

Fair dealing in United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events. More limited than the United States doctrine of fair use, fair dealing originates in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, and requires the infringer to show not only that their copying falls into one of the three fair dealing categories, but also that it is "fair" and, in some cases, that it contains sufficient acknowledgement for the original author. Factors when deciding the "fairness" of the copying can include the quantity of the work taken, whether it was previously published, the motives of the infringer and what the consequences of the infringement on the original author's returns for the copyrighted work will be.

Moral rights in United Kingdom law are parts of copyright law that protect the personal interests of the author of a copyrighted work, as well as the economic interests protected by other elements of copyright. Found in the Copyright, Designs and Patents Act 1988, the moral rights are the right to be identified as the author of a work, known as the right of paternity, the right to object to derogatory treatment of a work, known as the right of integrity, the right not to be identified as the author of someone else's work, and the right to privacy. The right of paternity exists for the entire copyright term, and requires individuals who commercially broadcast, sell, perform or exhibit literary, dramatic, musical or artistic works to identify the author of the work – but this does not apply to things such as typefaces, encyclopaedias or works subject to crown copyright.

Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists.

Moral rights in Canadian copyright law are protected under the Copyright Act of Canada and include an author's right to attribution, integrity and association of a work. Moral rights are to be distinguished from economic rights; moral rights essentially being derived from the reflection of the author's personality in his or her work, whereas economic rights grant an author the ability to benefit economically from their work. An author of a work retains moral rights for the length of the copyright, even if the copyright has been assigned or licensed to another party. Moral rights cannot be assigned or licensed, but can be waived by contract.

Provisions related to Italian copyright law are found in Law no. 633 of 22 April 1941. Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583.

The basic legal instrument governing copyright law in Bangladesh is the Copyright Act, 2000. It is largely based on Pakistan's Copyright Ordinance, 1962.

<span class="mw-page-title-main">Copyright Act (Ghana)</span>

The Copyright Act is the legal framework that protects the use of an individual's work once the idea has been physically expressed. It is a form of intellectual property that protects original works of authorship of literary, dramatic, musical and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems or methods of operation, although it may protect the way these things are expressed. Ghana's current copyright law is Act 690 issued by the Parliament of the Republic of Ghana. It was enacted on 17 May 2005 and replaced Parliament's Act No. 110, the country's previous Copyright law from 1985. The Copyright law affords protection to a variety of works, grants Copyright holders rights to their work and defines the duration of that Copyright protection.

References

  1. ↑ CDPA 1988, § 1(1)
  2. ↑ "Copyright, Designs and Patents Act 1988". Archived from the original on 1 January 2011.
  3. ↑ "The Duration of Copyright and Rights in Performances Regulations 1995". www.legislation.gov.uk. Retrieved 3 April 2018.
  4. ↑ "The Duration of Copyright and Rights in Performances Regulations 1995 (Section 6)". HMSO. Retrieved 19 September 2010.
  5. ↑ "The Duration of Copyright and Rights in Performances Regulations 1995 (Section 7)". HMSO. Retrieved 19 September 2010.
  6. ↑ "The Duration of Copyright and Rights in Performances Regulations 1995". www.legislation.gov.uk. Retrieved 3 April 2018.
  7. ↑ "Enterprise and Regulatory Reform Act 2013 – UK Parliament". services.parliament.uk. Retrieved 3 April 2018.
  8. ↑ Impact Assessment Report dated 15 May 2012 carried out by the Intellectual Property Office.
  9. ↑ See, for example, Edmund Eldergill, Barrister-at-Law, "Copyright and Furniture Design Classics", legal article, 2012.
  10. ↑ "The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014". www.legislation.gov.uk. Retrieved 3 April 2018.
  11. ↑ "EXPLANATORY MEMORANDUM TO THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (AMENDMENT) REGULATIONS 2010" (PDF). www.legislation.gov.uk. Retrieved 6 September 2020.
  12. ↑ "Capcha | CaseMine". www.casemine.com. Retrieved 10 March 2021.
  13. ↑ "Capcha | CaseMine". www.casemine.com. Retrieved 10 March 2021.
  14. ↑ "Kogan v Martin & Ors | [2019] EWCA Civ 1645 | England and Wales Court of Appeal (Civil Division) | Judgment | Law | CaseMine". www.casemine.com. Retrieved 10 March 2021.
  15. ↑ "Capcha | CaseMine". www.casemine.com. Retrieved 10 March 2021.
  16. ↑ "EUR-Lex - 62008CJ0005 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 10 March 2021.
  17. ↑ "meltwater+holding+bv | UK Judgments | Law | CaseMine". www.casemine.com. Retrieved 10 March 2021.
  18. ↑ "CURIA - List of results". curia.europa.eu. Retrieved 10 March 2021.
  19. ↑ "House of Lords - Designer Guild Limited v. Russell Williams (Textiles) Limited (Trading As Washington Dc)". publications.parliament.uk. Retrieved 10 March 2021.
  20. ↑ Copyright and Related Rights Regulations 2003, §7
  21. ↑ "Copyright—secondary infringement | Legal Guidance | LexisNexis". www.lexisnexis.co.uk. Retrieved 10 March 2021.
  22. ↑ Copyright, Designs and Patents Act 1988, §107 (1) (a)
  23. ↑ Copyright, Designs and Patents Act 1988, §107 (1) (b)
  24. ↑ Copyright, Designs and Patents Act 1988, §107 (1) (c) and (d)
  25. ↑ Copyright, Designs and Patents Act 1988, §107 (1) (e)
  26. ↑ Copyright, Designs and Patents Act 1988, §107 (2)
  27. ↑ Copyright, Designs and Patents Act 1988, §107 (3)
  28. ↑ The Copyright and Related Rights Regulations 2003, §26 (1) and (3)
  29. ↑ The Copyright and Related Rights Regulations 2003, §24
  30. ↑ "Guide to offences". UK Intellectual Property Office.
  31. ↑ "EUR-Lex - 32006L0115 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 3 April 2018.
  32. ↑ "The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010". www.legislation.gov.uk. Retrieved 3 April 2018.
  33. ↑ "The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014". www.legislation.gov.uk. Retrieved 3 April 2018.
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