Changes to copyright law - Enterprise and Regulatory Reform Bill ("ERRB") receives royal assent | Fieldfisher
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Changes to copyright law - Enterprise and Regulatory Reform Bill ("ERRB") receives royal assent

30/04/2013
The ERRB received royal assent on Thursday 25 April.  The Act covers a range of areas, including shareholders' rights over directors' pay, reform of Employment Tribunals, and the setting up of the new The ERRB received royal assent on Thursday 25 April.  The Act covers a range of areas, including shareholders' rights over directors' pay, reform of Employment Tribunals, and the setting up of the new Competition and Markets Authority.

However, those of us with an interest in IP should note the changes to copyright law, which include the following:

  • Orphan works - The Act includes provisions for the licensing of orphan works (copyright works by authors who cannot be identified or traced) and for the appointment of an authorising body to license this use.  There will also be a system for extended collective licensing of copyright works.

  • Repeal of s52 CDPA - In simple terms, s52 limits copyright protection where an artistic work has been exploited in the mass market.  Where it applies, copyright protection is limited to 25 years, after which the copyright owner cannot prevent the production of copycat articles.  The repeal of s52 means that the longer period of copyright protection will now apply.


This will be welcome news for designers, who have long petitioned for the change in order to bring the UK in line with the rest of Europe.  They will now have a longer period of protection, even where the designers themselves have mass produced the work.
The copyright provisions are planned to come into effect in October 2013.

 

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