Download the full outcome
Detail of outcome
Section 52 of the Copyright, Designs and Patents Act (CDPA) 1988 was repealed on the 28 July 2016. It limited the term of copyright protection for industrially manufactured artistic works to 25 years. The technical consultation outlined consequential amendments to Schedule 1 CDPA and Regulation 16 of the Duration of Copyright and Rights in Performances Regulations 1995 (the 1995 Regulations). It also outlined the repeal of Regulations 24, 25, 34 and 35 of the 1995 Regulations. These Regulations establish compulsory licensing of works in which revived copyright subsists. Transitional arrangements for their repeal were also provided.
Following the consultation, we have concluded that:
- paragraphs 5 and 6(1) of Schedule 1 CDPA, and Regulation 16 of the 1995 Regulations will be amended as planned
- regulations 24, 25, 34 and 35 will be repealed as planned, and transitional provisions will be provided for their repeal
The changes will come into effect on the next common commencement date, 6 April 2017. The government has published guidance on the repeal of section 52 CDPA. This guidance may assist businesses, organisations and individuals affected by its repeal and the upcoming technical changes to Schedule 1 CDPA and Regulation 16 of the 1995 Regulations.
Detail of feedback received
We received, and have published, the 9 responses to our consultation.
This technical consultation covers two sets of legislative changes. Schedule 1 of the Copyright, Designs and Patents Act 1988 will ensure copyright protection for design works made before 1 June 1957. The Duration of Copyright and Rights in Performances Regulations 1995 will be amended to remove compulsory licensing of works where copyright is revived.
The consultation asks questions to ensure the proposed changes do only what is intended. Comments are invited on whether they achieve this aim.