Guide to Copyright Designs and Patents Act 1988

What is the Copyright Designs and Patents Act 1988

The Copyright Designs and Patents Act 1988 is an Act of the Parliament of the United Kingdom which formally received Royal Assent in November of 1988. The Copyright Designs and Patents Act 1988 restructured the statutory basis of copyright law—including all statutes and issues concerning performance rights—in the United Kingdom.

Before the passing of this reformulation, all prior statutory issues attached to copyrights were distributed and governed by the Copyright Act of 1956.

The Copyright Designs and Patents Act 1988 created an unregistered design right and a number of modifications to the existing law of the United Kingdom regarding Registered Designs and patents. In essence, the Copyright Designs and Patent Act 1988 established the copyrights, for the majority of creative works, will be protected until 70 years after the death of the original holder (if known), otherwise 70 years after the work was originally created and for fifty years for all computer generated works.

What works are Subject to Copyright based on the Copyright Designs and Patents Act 1988?

The Copyright Designs and Patents Act 1988 simplified the previous categories of work which were protected by copyright, thus eliminating the specific treatments for works, such as engravings or photographs. The Copyright Designs and Patents Act organize and enforce regulations as such:

For Literary, dramatic or musical works: The works must be recorded in writing or otherwise to be granted a copyright

For Artistic Works: Includes all buildings, photographs, engravings and works of artistic craftsmanship

Broadcasts: A broadcast is defined by the Copyright Designs and Patents Act as any transmission by a wireless telegraphy which is intended for and capable of reception by members of the public

Cable Programs: Refers to a part of a service which transmits images, sound or other information to multiple places or to members of the public by any means other than wireless telegraphy.

Published Editions: The Copyright Designs and Patents Act 1988 defines published editions as the whole or part of one or more literary, dramatic or musical works

The following works are exempt from copyright as stated in the Copyright Designs and Patens Act 1988:

All artistic works created before June 1, 1957

All films made before June 1, 1957: these films are treated as dramatic works and as such qualify under the 1911 Act

Any broadcast made before June 1, 1957 and all cable programs transmitted before January 1 1985