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Duration of Copyright and Rights in Performances Regulations 1995

Consolidated Text As Enacted Cited authorities 25 Cited in Amendments 54 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1995/3297
Year1995
(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.
  • In these Regulations—“EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992
  • the main provisions of Council Directive No.
  • certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relevant to the implementation of that Directive.
  • The Copyright, Designs and Patents Act 1988
    • (1) For section 12 (duration of copyright in literary, dramatic, musical or artistic works) substitute—
      (12) Duration of copyright in literary, dramatic, musical or artistic works.
    • “(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) at the end of the period of 70 years from the end of the calendar year in which the work was made, or
    • (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.
    The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.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.at the end of the period of 70 years from the end of the calendar year in which the work was made, orif 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,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) .performance in public, orbeing broadcast or included in a cable programme service;exhibition in public,a film including the work being shown in public, orbeing included in a broadcast or cable programme service;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) .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.if the identity of all the authors is known, as a reference to the death of the last of them to die, andif 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;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;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.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.
    (1) For section 13 (duration of copyright in sound recordings and films) substitute—
      (13A) Duration of copyright in sound recordings.
    • “(1) The following provisions have effect with respect to the duration of copyright in a sound recording.
    • (2) Copyright expires—
    • (a) at the end of the period of 50 years from the end of the calendar year in which it is made, or
    • (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.
    The following provisions have effect with respect to the duration of copyright in a sound recording.at the end of the period of 50 years from the end of the calendar year in which it is made, orif during that period it is released, 50 years from the end of the calendar year in which it is released;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.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) .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) .The following provisions have effect with respect to the duration of copyright in a film.the principal director,the author of the screenplay,the author of the dialogue, orthe composer of music specially created for and used in the film;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.the end of the period of 70 years from the end of the calendar year in which the film was made, orif 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.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) .showing in public, orbeing broadcast or included in a cable programme service;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

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