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15 September 2014Copyright

UK government consults on copyright provision removal

The UK government has launched a consultation on when it should remove a provision that reduces protection for industrially manufactured artistic works.

Published by the UK Intellectual Property Office (IPO), the consultation said it wants to hear views on when the government should implement a repeal, which itself removes the provision.

The repeal, agreed last year, centres on section 52 of the Copyright, Designs and Patents Act (CDPA) 1988.

In its report published today (September 15), the IPO outlined three options for a transition timeframe: six months, three years or five years, all from April 2015, with three years its preferred choice.

According to the report, section 52 contains an exception which limits copyright protection for certain artistic works when they have been industrially manufactured.

Currently, when more than 50 copies of industrially manufactured artistic works are made, protection is limited to 25 years, while other artistic works are protected for the life of the creator plus 70 years.

“When the change in law is commenced, the effect will be to update and clarify UK legislation in line with EU law,” the consultation document said.

“Accordingly, when the repeal is put into effect, any artistic work, whether 2D or 3D, which qualifies for copyright protection, will enjoy the full term of copyright protection,” it added.

The government said that it wants to implement the change in law with a “fair and proportionate” transition period.

More information and a response form are available on the government’s website.

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