Depletion period ends following UK copyright repeal

A transition period implemented following the repeal of section 52 of the UK’s Copyright, Designs and Patents Act (CDPA) 1988 ended last week.

In July last year, WIPR reported that the repeal of section 52 of the CDPA would be enacted from July 28.

Section 52 of the CDPA 1988 had provided a reduced term of copyright protection for artistic works which had been industrially manufactured,ie, where more than 50 works had been made.

The reduced term that was granted was 25 years from first marketing, instead of 70 years ‘plus life of the author’, as normal.

The effect of the repeal is to extend or revive copyright protection for these artistic works.

Following the decision, the government provided a six-month “depletion period”, during which goods affected by the repeal could be sold. It ended on January 28.

Today, January 31, law firm  Herbert Smith Freehills (HSF) announced what the repeal means for copyright owners and how they could be affected.

Furniture and jewellery industries are deemed most likely to be affected by this change as they have relied on reduced copyright protectionin section 52 to produce replicas of iconic designs.

HSF advised businesses that deal with replica artistic works to review any existing licences to check whether the law change affects their terms and whether copyright exemptions could apply when making new or existing copies.

The law firm added that “the repeal is aimed at providing extended protection to designers and creators of ‘artistic works’, which previously fell within section 52.It must be kept in mind that the copyright protection will not automatically apply to all works”.

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