Keith Mack
Copyright law in the UK has evolved over the centuries, from the introduction of the printing press in the 15th and 16th centuries to the current legislation, the Copyright, Designs and Patents Act of 1988. The printing press made it much cheaper to produce books, and in the absence of copyright law, anyone could use a press to print any text, leading to widespread circulation of ideas and information. The first known copyright law in the UK, the Statute of Anne, was passed in 1710, establishing a copyright term of 14 years for books, maps and charts. Today, copyright is an automatic right that arises when an individual or company creates an original work. The 1988 Act covers various types of creative works, including literary, artistic, musical, dramatic, films, sound recordings and broadcasts, with copyright protection lasting for the life of the author plus 70 years.
| Characteristics | Values |
|---|---|
| Current UK copyright law | Copyright, Designs and Patents Act 1988 |
| First UK copyright law | Statute of Anne, passed by British Parliament in 1710 |
| First copyright law duration | 14 years for books, maps, and charts |
| Current copyright law duration | Literary, artistic, and musical works: life of the author + 70 years; films, sound recordings, and broadcasts: 50 years from publication/broadcast |
| Copyright ownership | Creator of the work, unless assigned to someone else |
| Exceptions | Work created in the course of employment; author is an officer or servant of the Crown |
| Joint authorship | Consent of all copyright holders required to avoid infringement liability |
| Assignment of copyright | Author may assign rights to another person |
| Registration | Not mandatory; no central register |
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What You'll Learn
The Statute of Anne (1710)
The Statute of Anne, also known as the Copyright Act 1709 or the Copyright Act 1710, was passed in 1710 as the first statute to provide for copyright regulated by the government and courts, rather than private parties. This marked a significant shift in the history of copyright law, which had previously been enforced by private entities such as the Stationers' Company, a guild of printers with exclusive printing and censorship rights.
The Statute of Anne was a response to the issues arising from the widespread use of the movable type printing press in Europe. With the advent of the printing press, it became much cheaper and faster to produce books, leading to a rapid increase in literacy and a growing demand for reading material. However, the absence of copyright laws meant that anyone could buy or rent a press and reprint existing texts, resulting in competition among printers and the need for constant new content.
The Statute of Anne addressed these issues by prescribing a copyright term of 14 years, with a provision for renewal for a similar term. During this period, only the author and the printers they licensed had the exclusive right to publish the author's work. After the copyright term expired, the work would enter the public domain. The statute also allowed anyone to own and trade in copies of books, undermining the monopoly of the Stationers' Company.
The Statute of Anne was a landmark legislation that transformed copyright from a private law governed by publishers to a public law grant, recognising the rights of authors and protecting them from exploitative publishing practices. It laid the foundation for modern copyright law, emphasising the balance between the rights of authors, publishers, and the public in ensuring the dissemination of creative works.
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The 1988 Act
The current UK copyright law is the Copyright, Designs and Patents Act 1988, which received royal assent on 15 November 1988. This Act reformulates the statutory basis of copyright law in the United Kingdom. It also establishes the duration of copyright in most works as 70 years after the death of the creator, if known, or 70 years after the work was created or published. If the work is computer-generated, the copyright lasts for 50 years.
The Act also addresses anonymous or pseudonymous works, the use of notes or recordings of spoken words, and incidental recording for broadcast purposes. It includes provisions related to the denial of copyright protection to citizens of countries that do not adequately protect British works, and the infringement of performer's rights through the import, possession, or dealing of illicit recordings.
The Copyright, Designs and Patents Act 1988 has been periodically updated to reflect changes in international conventions, European law, and societal changes.
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UK copyright exceptions
The origin of copyright law in the UK, as in most European countries, lies in the efforts of the church and governments to regulate and control the output of printers in the 15th and 16th centuries. The invention of the printing press allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information. This meant that popular new works were immediately republished by competitors, so printers needed a constant stream of new material.
The current UK legislation is the 1988 Copyright Designs and Patents Act, which has been periodically updated to reflect changes or accession to international conventions, European law, and societal changes.
Copyright gives authors of works the rights to control the use or commercial exploitation of the works they have created. Copyright protection is automatic and free in the UK, and there is no register of copyright works. Copyright usually lasts for the lifetime of the owner plus 70 years after their death (or 50 years if the work was computer-generated).
There are several exceptions to UK copyright law, including:
- Fair dealing for the purpose of criticism, review, quotation, or news reporting
- Fair dealing for caricature, parody, or pastiche
- Fair dealing for research and private study
- Incidental use
- Educational use
- Public interest or copying works for the visually impaired
- Text mining and data mining for non-commercial research
- Freedom of panorama for buildings and sculptures in public places
- Where the work was created in the course of employment, or where the author is an officer or servant of the Crown
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International agreements
The UK's current copyright legislation, the 1988 Copyright Designs and Patents Act, has been periodically updated to reflect changes in international conventions, European law, and societal changes.
The Berne Convention is the main international convention governing copyright. It provides a common framework for the rights of authors, the minimum guaranteed copyright duration, and actions requiring permission, which all contracting states must incorporate into their national laws and extend to foreign artists and authors. As of November 2020, 179 countries are signatories to the Berne Convention.
The World Trade Organization (WTO) has 164 members and 23 observers. The organization has provisions that are similar to the Berne Convention. There are also additional treaties that convey additional rights or have historical significance, such as the Marrakesh Treaty, which allows for government-authorized entities to reproduce and distribute accessible versions of books to people who are blind, visually impaired, or otherwise print-disabled.
Other international copyright agreements include the Geneva Phonograms Convention, the Universal Copyright Convention, the Brussels Satellite Convention, and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC).
International copyright conventions and treaties establish obligations for treaty member countries to adhere to and implement in their national laws, providing more certainty and understanding.
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Copyright enforcement
Copyright law in the UK has evolved over the centuries, influenced by various factors such as ancient Greek, Roman, and Jewish cultures, the advent of the printing press, and international agreements. The current UK legislation is the 1988 Copyright, Designs, and Patents Act, which has been periodically updated to reflect international conventions, European law, and societal changes. This Act provides strong enforcement mechanisms for copyright holders to protect their intellectual property rights.
The UK's Trading Standards officers are also legally obligated to enforce copyright. They have the authority to conduct test purchases of infringing goods, enter premises, and seize goods and documents that violate copyright laws. Additionally, copyright holders can lodge a notice with HMRC, requesting that infringing copies of their copyrighted works be treated as prohibited goods. This provides an extra layer of protection for rights holders.
To further strengthen enforcement, the UK recognises the doctrine of exhaustion of rights. This means that once copies of a copyrighted work are released to the public in one EEA member state with the owner's consent, the owner cannot object to their circulation within the EEA. This ensures that rights holders cannot restrict the movement of goods within the single market. However, it's important to note that the UK's departure from the EU has created a unique situation where copyright is exhausted differently in the two markets.
In terms of digital content, the UK courts have considered cases involving conflicts with EU case law, such as in ICE v ICE [2023]. As the UK is no longer part of the EU, the degree to which UK courts will depart from EU case law in copyright contexts remains to be seen. However, international treaties, such as the Berne Convention, will continue to shape copyright enforcement in the digital realm.
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Frequently asked questions
The current UK copyright law is the Copyright, Designs and Patents Act 1988.
Copyright law is an essential aspect of the creative industry that protects the rights of creators and their creations.
The 1988 Act covers literary, dramatic, musical, and artistic works, as well as films, sound recordings, broadcasts, and typographical arrangements of published editions.
The first known copyright law in the UK was the Statute of Anne, passed by the British Parliament in 1710. This established a copyright term of 14 years for books, maps, and charts.
Since 1710, copyright law has evolved to cover various types of creative works, including music, films, photographs, software, and more. The duration of copyright protection has also increased. For literary, artistic, and musical works, copyright protection lasts for the life of the author plus 70 years.
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