Supplemental Information on British Copyright

The following concerns copyright in films:

 

(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons —

(a) the principal director,

(b) the author of the screenplay,

(c) the author of the dialogue, or

(d) the composer of music specially created for and used in the film;
subject as follows.

(3) If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.

(4) If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at —

(a) the end of the period of 70 years from the end of the calendar year in which the film was made, or

(b) if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.

(5) Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).

(6) For the purposes of subsection (4) making available to the public includes —

(a) showing in public, or

(b) communicating to the public;
but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.

The above is item 13B of the Copyright Act 1988, Part I, Chapter I, as amended 1995

 

Duration of copyright in literary, dramatic, musical or artistic works
(1) The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.

(3) If the work is of unknown authorship, copyright expires –

(a) at the end of the period of 70 years from the end of the calendar year in which the work was made, or

(b) if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available, subject as follows.

(4) Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).

(5) For the purposes of subsection (3) making available to the public includes –

(a) in the case of a literary, dramatic or musical work –

(i) performance in public, or

(ii) communication to the public;

(b) in the case of an artistic work –

(i) exhibition in public,

(ii) a film including the work being shown in public, or

(iii) communication to the public; but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

The above is SI 1995/3297, which replaced item 12 of the Copyright Act 1988, Part I, Chapter I, amended 1995.

 

In 1988, for films and literary works, the copyright term expired 50 years from the end of the calendar year in which the relevant death occurs.

 

Obviously, when a country has extended copyright from life+50 to life+70, there arises the question of how to calculate the expiration date on copyrights already started and particularly on those taken out in the names of those already deceased.  The United Kingdom instituted a practice in 1995 which necessitated the use of the following terms:

 

Extended and revived copyright
17.— In the following provisions of this Part—
“extended copyright” means any copyright which subsists by virtue of the new provisions after the date on which it would have expired under the 1988 provisions; and
“revived copyright” means any copyright which subsists by virtue of the new provisions after having expired under the 1988 provisions or any earlier enactment relating to copyright.

The preceding is quoted from the 1995 section “The Duration of Copyright and Rights in Performances Regulations 1995” (SI 1995 No. 3297), Part III, Savings and Transitional Provisions.

The following also concerns duration — and, as stated, concerns existing works.

 

Duration of copyright in existing works

12 (1) The following provisions have effect with respect to the duration of copyright in existing works.  The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.

(2) Copyright in the following descriptions of work continues to subsist until the date on which it would have expired under the 1956 Act —

(a) literary, dramatic or musical works in relation to which the period of 50 years mentioned in the proviso to section 2(3) of the 1956 Act (duration of copyright in works made available to the public after the death of the author) has begun to run;

(b) engravings in relation to which the period of 50 years mentioned in the proviso to section 3(4) of the 1956 Act (duration of copyright in works published after the death of the author) has begun to run;

(c) published photographs and photographs taken before 1st June 1957;

(d) published sound recordings and sound recordings made before 1st June 1957;

(e) published films and films falling within section 13(3)(a) of the 1956 Act (films registered under former enactments relating to registration of films).

(3) Copyright in anonymous or pseudonymous literary, dramatic, musical or artistic works (other than photographs) continues to subsist —

(a) if the work is published, until the date on which it would have expired in accordance with the 1956 Act, and

(b) if the work is unpublished, until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force or, if during that period the work is first made available to the public within the meaning of section 12(3) (duration of copyright in works of unknown authorship), the date on which copyright expires in accordance with that provision;

unless, in any case, the identity of the author becomes known before that date, in which case section 12(2) applies (general rule: life of the author plus 70 years).

(4) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force —

(a) literary, dramatic and musical works of which the author has died and in relation to which none of the acts mentioned in paragraphs (a) to (e) of the proviso to section 2(3) of the 1956 Act has been done;

(b) unpublished engravings of which the author has died;

(c) unpublished photographs taken on or after 1st June 1957.

(5) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force —

(a) unpublished sound recordings made on or after 1st June 1957;

(b) films not falling within sub-paragraph (2)(e) above, unless the recording or film is published before the end of that period in which case copyright in it shall continue until the end of the period of 50 years from the end of the calendar year in which the recording or film is published.

(6) Copyright in any other description of existing work continues to subsist until the date on which copyright in that description of work expires in accordance with sections 12 to 15 of this Act.

(7) The above provisions do not apply to works subject to Crown or Parliamentary copyright (see paragraphs 41 to 43 below).

The above is part of Schedule 1 (and appears on pgs. 151-152)

 

All passages quoted within framed sidebars on this page are from the Copyright, Designs and Patents Act 1988 and the Transitional provisions &c. of amending legislation attached to it.  The Act states that the text of the legislation "is subject to Crown Copyright protection.  It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users."