Duration of Copyright and Rights in Performances Regulations 1995
| Year | 1995 |
1995 No. 3297
COPYRIGHT
RIGHTS IN PERFORMANCES
The Duration of Copyright and Rights in Performances Regulations 1995
Made 19th December 1995
Coming into force 1st January 1996
Whereas a draft of the following Regulations has been approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the protection of copyright and rights in performances, in exercise of powers conferred by section 2(2) and (4) of the said Act of 1972, hereby makes the following Regulations:—
Part I
Introductory Provisions
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Duration of Copyright and Rights in Performances Regulations 1995.
(2) These Regulations come into force on 1st January 1996.
(3) These Regulations extend to the whole of the United Kingdom.
Interpretation
2. In these Regulations—
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19923, as adjusted by the Protocol signed at Brussels on 17th March 19934; and
“EEA state” means a state which is a contracting party to the EEA Agreement.
Implementation of Directive, &c.
3. These Regulations make provision for the purpose of implementing—
(a) the main provisions of Council Directive No. 93/98/EECof 29th October 19935harmonizing the term of protection of copyright and certain related rights; and
(b) certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relevant to the implementation of that Directive.
Scheme of the regulations
4. The Copyright, Designs and Patents Act 19886is amended in accordance with the provisions of Part II of these Regulations, subject to the savings and transitional provisions in Part III of these Regulations.
Part II
Amendments of the Copyright, Designs and Patents Act 1988
Copyright
Duration of copyright in literary, dramatic, musical or artistic works
5.—(1) For section 12 (duration of copyright in literary, dramatic, musical or artistic works) substitute—
“Duration of copyright in literary, dramatic, musical or artistic works.
12.—(1) The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.
(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.
(3) If the work is of unknown authorship, copyright expires—
(a)
(a) at the end of the period of 70 years from the end of the calendar year in which the work was made, or
(b)
(b) if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,
subject as follows.
(4) Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).
(5) For the purposes of subsection (3) making available to the public includes—
(a)
(a) in the case of a literary, dramatic or musical work—
(i) performance in public, or
(ii) being broadcast or included in a cable programme service;
(b)
(b) in the case of an artistic work—
(i) exhibition in public,
(ii) a film including the work being shown in public, or
(iii) being included in a broadcast or cable programme service;
but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.
(6) Where the country of origin of the work is not an EEA state and the author of the work is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).
(7) If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.
(8) The provisions of this section are adapted as follows in relation to a work of joint authorship—
(a)
(a) the reference in subsection (2) to the death of the author shall be construed—
(i) if the identity of all the authors is known, as a reference to the death of the last of them to die, and
(ii) if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;
(b)
(b) the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;
(c)
(c) the reference in subsection (6) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.
(9) This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to 166) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).”.
(2) In section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author), in subsection (1)(b)(ii) and subsection (2)(b) for “50 years” substitute “70 years”.
(3) In section 154 (qualification for copyright protection by reference to author), in subsection (3) for the paragraph referring to provisions of section 12 substitute—
“section 12 (duration of copyright), and section 9(4) (meaning of “unknown authorship”) so far as it applies for the purposes of section 12, and.”
Duration of copyright in sound recordings and films
6.—(1) For section 13 (duration of copyright in sound recordings and films) substitute—
“Duration of copyright in sound recordings.
13A.—(1) The following provisions have effect with respect to the duration of copyright in a sound recording.
(2) Copyright expires—
(a)
(a) at the end of the period of 50 years from the end of the calendar year in which it is made, or
(b)
(b) if during that period it is released, 50 years from the end of the calendar year in which it is released;
subject as follows.
(3) For the purposes of subsection (2) a sound recording is “released” when it is first published, played in public, broadcast or included in a cable programme service; but in determining whether a sound recording has been released no account shall be taken of any unauthorised act.
(4) Where the author of a sound recording is not a national of an EEA state, the duration of copyright is that to which the sound recording is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsections (2) and (3).
(5) If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsections (2) and (3).
Duration of copyright in films.
13B.—(1) The following provisions have effect with respect to the duration of copyright in a film.
(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—
(a)
(a) the principal director,
(b)
(b) the author of the screenplay,
(c)
(c) the author of the dialogue, or
(d)
(d) the composer of music specially created for and used in the film;
subject as follows.
(3) If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.
(4) If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—
(a)
(a) the end of the period of 70 years from the end of the calendar year in which the film was made, or
(b)
(b) if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.
(5) Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).
(6) For the purposes of subsection (4) making available to the public includes—
(a)
(a) showing in public, or
(b)
(b) being broadcast or included in a cable programme service;
but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.
(7) Where the country of origin is not an EEA state and the author of the film is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (6).
(8) In relation to a film of which there are joint authors, the reference in subsection (7) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.
(9) If in any case there is no person falling within paragraphs (a) to (d) of subsection (2), the above provisions do not apply and copyright expires at the end of the period of 50...
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