Copyright, Design & Patents Act
The Copyright, Design and Patents Act of 1988 is the primary legislation for United Kingdom copyright and patent policy. Administered by the Intellectual Property Office (IPO), England's intellectual property authority, the law established new terms of protection and updated previous legislation.
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Performance
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The law specifies the rights granted to qualifying performers in qualifying countries. Qualifying performers are defined by the act as those who are citizens or subjects of qualifying countries, which include the United Kingdom and member states of the European Economic Community. Protected performers are given the right to be identified as the creator of their works and to object to derogatory treatment of their performances. Consent is required from the performer before any recordings of performances may be made and distributed.
Duration
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The law specifies the duration of protection afforded to the different types of rights. Trademarks protect dramatic, literary and musical works for a period of 70 years, beginning with the death of the last surviving author or from the date the work was made public through performance, broadcast or exhibition. Sound recordings and broadcasts are protected for 50 years from the date of the death of the last surviving author or the last presentation to the public via authorized performance, release or broadcast. Films enjoy protection for 70 years from the calendar year in which the last remaining composer, author or principal direction dies or in which the work was last made available to the public.
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Name Change
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The act changed the official name of the Tribunal created by the Copyright Act of 1956 to the Copyright Tribunal. This is an agency granted authority to hear, and determine, proceedings regarding issues of copyrights such as the royalties due when retransmitting a broadcast or the lending of certain works.
Significance
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The 1988 act was an update of previous intellectual property law and has itself been updated since passage. The Duration of Copyrights and Rights in Performances Regulation 1995 updated the act of 1988 to bring U.K. terms of protection into line with the rest of the European Union.
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References
- Legislation U.K.: Copyright, Design and Patents Act 1988
- Intellectual Property Office: Copyright, Designs and Patent Act 1988
- U.K. Copyright Service: Copyright, Designs and Patent Act 1988
- Legislation U.K.: Chapter VIII The Copyright Tribunal
- Intellectual Property Office: History of the Copyright, Designs and Trademark Act of 1988
- Photo Credit Jupiterimages/Photos.com/Getty Images
