CLASS 99
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THURSDAY, 2 MAY 2013
UK Copyright extension - transitional provisions
We recently noted that the Enterprise and Regulatory Reform Act 2013 had been passed, and have now reviewed some of the Parliamentary debates. The Minister, The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie), made some relevant comments on the timing of the repeal of Section 52 of the Copyright Designs & Patents Act (and consequent copyright term extension) on 11 Mar 2013 at Hansard Column 19:
We want affected groups to have adequate time to adapt but we also take seriously the fact that rights owners are pressing us for early implementation. That is why the Government have committed, as I said in Grand Committee, to consult all interested parties on the timing of the change. To decide those timings now would prejudge the consultation, and any transitional period will allow appropriate time to implement changes to copyright exceptions.
...
I can confirm that any copy made, distributed or imported into the UK or communicated to the public while Section 52 is in effect will be unaffected by the change in the law. However, if, for example, a book containing photographs of artistic works is reprinted after Section 52 is repealed, permission will need to be sought from the relevant rights owners unless a copyright exception applies. So, it seems that implementation will not come immediately, but when it comes it will bite on copies made after implementation. Concerns were raised, by Professor Lionel Bently amongst others, that extension of s52 could impact books carrying images of three-dimensional works. The Jules Rimet decision, which would deal with this, has been doubted, so it is perhaps just as well that the Government appears to have got the point, and promised to look at this in the forthcoming proposed legislation to implement copyright exceptions which they announced in December 2012 (announcement here, policy document here). It therefore seems likely that nothing is going to happen immediately. Watch this space for news. Posted by: David Musker @ 14.22
Tags: 3d, 3D artistic works, copyright, section 52, UK copyright reform,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA452
UK Copyright extension - transitional provisions
We want affected groups to have adequate time to adapt but we also take seriously the fact that rights owners are pressing us for early implementation. That is why the Government have committed, as I said in Grand Committee, to consult all interested parties on the timing of the change. To decide those timings now would prejudge the consultation, and any transitional period will allow appropriate time to implement changes to copyright exceptions.
...
I can confirm that any copy made, distributed or imported into the UK or communicated to the public while Section 52 is in effect will be unaffected by the change in the law. However, if, for example, a book containing photographs of artistic works is reprinted after Section 52 is repealed, permission will need to be sought from the relevant rights owners unless a copyright exception applies. So, it seems that implementation will not come immediately, but when it comes it will bite on copies made after implementation. Concerns were raised, by Professor Lionel Bently amongst others, that extension of s52 could impact books carrying images of three-dimensional works. The Jules Rimet decision, which would deal with this, has been doubted, so it is perhaps just as well that the Government appears to have got the point, and promised to look at this in the forthcoming proposed legislation to implement copyright exceptions which they announced in December 2012 (announcement here, policy document here). It therefore seems likely that nothing is going to happen immediately. Watch this space for news. Posted by: David Musker @ 14.22
Tags: 3d, 3D artistic works, copyright, section 52, UK copyright reform,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA452
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