What UK Copyright, Designs and Patents Act 1988 -- Copyright Duration, Permitted Acts, and Design Rights requires
The Copyright, Designs and Patents Act 1988 (CDPA) is the primary UK statute governing copyright, design rights, and performers' rights. Copyright subsists automatically without registration in original literary, dramatic, musical, and artistic works; sound recordings; films; broadcasts; and typographical arrangements under Sections 1-9. The standard copyright duration for literary, dramatic, musical, and artistic works is 70 years from the end of the calendar year of the author's death under Section 12; sound recordings are protected for 70 years from release under Section 13A; broadcasts for 50 years under Section 14. The employer owns copyright in works created by an employee in the course of employment under Section 11(2). Permitted acts include fair dealing for research and private study (Section 29), criticism and review (Section 30), reporting current events (Section 30), quotation (Section 30(1ZA)), and caricature, parody, and pastiche (Section 31F). Moral rights include the right of paternity (Section 77) and the right of integrity (Section 80) - these cannot be assigned but can be waived by contract. The UK Unregistered Design Right under Part III lasts 15 years from creation or 10 years from first marketing, whichever is shorter. Criminal copyright infringement under Section 107 carries a maximum sentence of 10 years imprisonment on indictment. Post-Brexit, the CDPA was retained as UK domestic law; EU copyright exceptions do not apply automatically in the UK after 31 December 2020, and EU exhaustion of rights no longer applies - the UK adopted an independent UK exhaustion regime.
Pillar: Creative, Content & Media IP · Authority: Parliament of the United Kingdom · Version: 2024.1.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/1988/48/contents
SHA-256 integrity: 3be8509dcfd586ba85b9adb07035b8368adb18307b1d6e1e7c28a5ba5ee06cbd
Primary Citations — 6 traced to source
- {"title":"Copyright, Designs and Patents Act 1988 (as amended)","url":"https://www.legislation.gov.uk/ukpga/1988/48/contents","section":"Section 1-9 (works protected and subsistence conditions); Section 11(2) (employer ownership of works in course of employment); Section 12-14 (duration: 70 years pma literary/dramatic/musical/artistic; 70 years sound recordings; 50 years broadcasts); Section 16-21 (restricted acts and infringement); Section 29-31F (permitted acts including fair dealing, parody, quotation); Section 77-89 (moral rights: paternity, integrity, false attribution, privacy); Section 90(3) (assignment in writing requirement); Section 96-115 (civil remedies); Section 107 (criminal penalties: 10 years maximum on indictment); Part III Section 213-264 (UK Unregistered Design Right)","type":"primary_legislation"}
- {"title":"Registered Designs Act 1949 (as amended by CDPA 1988 and Intellectual Property Act 2014)","url":"https://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/contents","section":"Section 1 (UK registered design - new design with individual character); Section 8 (maximum 25-year protection in 5-year renewable periods); Section 7A (right in registered design - preventing use without consent); UKIPO filing procedures; post-Brexit UK registered design replaces EU Community Registered Design for UK protection","type":"primary_legislation"}
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