Copyright, Designs and Patents Act 1988

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.

Works originating (by publication or nationality/domicile of the author) in the Isle of Man[6] or the following former dependent territories[7] qualify for copyright under the Act: Antigua, Dominica, Gambia, Grenada, Guyana, Jamaica, Kiribati, Lesotho, St. Christopher-Nevis, St. Lucia, Swaziland and Tuvalu.

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

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.

These rights have been largely extended by the transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty:[10] the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself.

An infringement of rights in performances is actionable under the tort of breach of statutory duty.

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 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 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.

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.

[9] 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.

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.

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:[12] the description below is of the Act as it received royal assent.

[17] 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.

The right to object to false attribution of a work lasts for twenty years after the author's death.

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.

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.

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).

[26] Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required.

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.

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