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Categories of works and periods of protection

Original Literary Works

EXAMPLES

Prose, poetry, tables, compilations, songs (lyrics), computer programs, databases.

Life of author/owner plus 70 years.

Original Musical Works

EXAMPLES

Musical notation.

Life of author/owner plus 70 years.

Original Dramatic Works

EXAMPLES

Plays, scripts, screen plays, mime, choreography.

Life of author/owner plus 70 years.

Original Artistic Works

EXAMPLES

Painting, Drawing, Sculpture, Jewellery, Graphics.

Life of author/owner plus 70 years.

Broadcasts

EXAMPLES

s.6(1) of the Act defines a broadcast in technologically neutral terms as ‘an electronic transmission of visual images, sounds or other information which –

is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, oris transmitted at a time determined solely by the person making the transmission for presentation to members of the public’.

Ordinary television and radio broadcasts, whether terrestrial, satellite or cable, are included here. The phrase ‘at a time determined solely by the person making the transmission’ is designed to exclude ‘on-demand’ transmissions from the definition of ‘broadcast’. It is important to note that the content of the broadcast programme can include works protected by copyright for a longer period than the broadcast itself; e.g. artistic, literary, musical.

50 years from end of year in which the broadcast was first made.

Sound Recordings

EXAMPLES

Musical CDs, MP3 files, talking books. It is important to note that the content of the sound recording can include works protected by copyright for a longer period than the sound recording itself; e.g. literary, dramatic

50 years from end of calendar year in which the recording is made, or

If during that period the recording is published, 50 years from end of calendar year in which it is first published, or

If during that period the recording is not published but is made available to the public by being played in public or communicated to the public; 50 years from the end of the calendar year in which it is made available.

In all above no account is to be taken of any unauthorised act of publication, public playing or communication to the public.

Film

EXAMPLES

A recording on any medium from which a moving image may by any means be produced, which of course includes video. Under s.5B(2) of the Act the soundtrack to a film is treated as a part of the film itself. Please note that a film which contains dance or mime will of itself be a dramatic work irrespective of the independent copyright status of the film itself.

Life of 4 authors (Director, Author of Screenplay, Author of Dialogue, Composer of Soundtrack) plus 70 years

Typographical Arrangements

EXAMPLES

This form of copyright is designed to protect the publishers of works who do not benefit from the copyright in the literary work, either because the copyright belongs to the author, or because the work does not have copyright protection. Therefore, if a publisher chose to publish a new edition of a literary, dramatic or musical work which was out of copyright, the publisher could not prevent any other person from publishing that work, but would, under s.1(1)(c) of the Act, have the right to restrain the copying of his own edition.

25 years from publication of that edition.

Performances

EXAMPLES

Performance can mean a dramatic or musical performance and includes a reading or recitation of a literary work, so these provisions benefit not just musical artistes and musicians but other performers such as actors, poets, authors and comedians.

50 years

Designs (Registered)

EXAMPLES

There are 2 types of design rights in the UK – registered and unregistered design rights. A registered design right gives you a monopoly over the design, whereas an unregistered right only gives you the ability to prevent others from copying your design. This means that the scope of protection of an unregistered design right is lower than that of a registered design.

25 years

Databases

EXAMPLES

Database Regulations introduced the database right distinct from copyright protection. This was designed as an economic right to protect the investment made in a database which could not benefit from copyright protection (no skill or judgement in selection, or arrangement of content would not satisfy high test of originality). For example, database rights would subsist in a telephone directory, whilst a Thompson Yellow Pages would be protected both as a database and as a literary work. If you want to know more about databases, please read: Databases.

15 years from end of year in which the compilation of the database was completed, or 15 years from date of publication. However, each time a database is substantially updated, a new period of protection begins.

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