Duration of Copyright

Duration of Copyright

Abstract

  • Examination of the debate over the appropriate period of copyright protection for works, including:

    • Literary, dramatic, musical, and artistic works

    • Films

    • Entrepreneurial works (sound recordings, broadcasts, typographical arrangements)

  • Focus on the EU Term Directive and exceptions to copyright duration.

  • Assessment of the optimal term for copyright protection.

Keywords

  • Copyright

  • Duration of copyright

  • Term of protection

  • EU Term Directive

  • Publication right

  • Optimal term

1. Introduction

  • Central question regarding the appropriate duration of copyright protection.

  • Historical context:

    • Eighteenth-century literary property debates regarding perpetual protection.

    • Ongoing negotiations between the private interests of copyright owners and the public's interest in access to creative works.

  • Notable patterns in these debates:

    • Duration of protection generally tends to increase over time.

Historical Changes in Copyright Duration

  • 1710 Statute of Anne:

    • Initial term of 14 years, extendable by another 14 if the author was alive.

  • 1814: Extended to 28 years.

  • Literary Copyright Act 1842:

    • Further increased to 42 years or the author's life plus seven years.

  • 1911: Extended to the author's life plus 50 years.

  • EU Term Directive 1996:

    • Standardized duration to the author's life plus 70 years.

  • 2011: Sound recordings term extended from 50 to 70 years.

Types of Works and Their Duration Calculation

  • Different durations based on work types reflect varying interests:

    • Literary, dramatic, musical, artistic works: Life of author + 70 years (post mortem).

    • Entrepreneurial works (and unknown authorship): Fixed term from creation, publication, or communication to the public.

  • Duration calculated from the end of the year in which the event occurs.

Context of Brexit

  • While the UK was part of the EU, term harmonization was established,

    • Life of the author + 70 years standard.

Changes in Film Copyright Duration

  • Copyright for films treated as entrepreneurial works originally limited to 50 years.

  • Following the EU directive, films classified as authorial works now also get life of the creator + 70 years.

2. Literary, Dramatic, Musical, and Artistic Works

  • General rule: Copyright lasts for 70 years from the year of the author's death.

    • Example: Author dies in 1990, copyright expires end of 2060.

  • Joint authorship: Copyright calculated from the death of the longest-living author.

    • Exception for songs created for co-authorship considered as joint works, maintaining copyright until 70 years after the last co-author's death.

    • Example: Hammerstein and Rodgers songs protected beyond 2030.

2.1. Exceptions to the Term of Life Plus 70 Years

2.1.1. Computer-Generated Works

  • Copyright duration: 50 years from the end of the year the work was made.

  • Under government review due to AI technology development; shorter terms (e.g., 5 years) considered for AI-generated works.

2.1.2. Crown Copyright

  • Duration: 125 years from creation.

  • If published commercially within 75 years, lasts 50 years from publication date.

2.1.3. Parliamentary Copyright and International Organizations

  • Duration: 50 years from the year of creation.

2.1.4. Artistic Works in Designs

  • Prior to 2016, lasted 25 years from first legitimate marketing; repealed to restore full term.

2.1.5. Works of Unknown Authorship

  • Duration: 70 years from the year of creation or public availability.

  • If author disclosed within that term, extends to life of the author + 70 years.

2.1.6. Unpublished Works Not in the Public Domain

  • Copyright duration: 50 years from January 1, 1990, for works unpublished at the author's death before August 1, 1989.

  • The minister can reduce this duration.

3. Films

  • Prior Legislation: 50 years protection from the year of release for films.

  • Term Directive Requirements:

    • Recognition of copyright in film first fixation (50 years).

    • Cinematographic works: 70 years from the death of principal director, screenplay author, dialogue author, and specially-created music composer.

    • Unidentified contributors: 70 years from year of creation or first public availability.

3.1. Issues with Implementation

  • British attempts to align with Directives have led to overextension in certain areas.

  • Identification of copyright expiry in cinematographic works should reflect original intent.

4. Entrepreneurial Works

4.1. Sound Recordings

  • Copyright duration: 50 years from the year of recording.

  • If published, extends to 70 years from publication.

  • Made available to the public during the 70 years: copyright lasts 70 years from the year of public communication.

    • Example: Sound recording made in 1964 but published in 2013 could be protected till 2083.

  • 'Use it or Lose It' Provision: After 50 years, a performer can claim rights if not exploited, shifting rights back to them.

4.2. Broadcasts

  • Duration: 50 years from the first broadcast.

  • Non-UK authors: Duration based on their country of origin's entitlements.

4.3. Typographical Arrangements

  • Duration: 25 years from the year of first publication.

5. Moral Rights

  • Moral rights exist as long as copyright subsists:

    • Right of integrity and attribution.

    • Right against false attribution lasts 20 years post-death.

  • No harmonization on moral rights duration in the Term Directive.

6. Publication Right in Works Where Copyright Has Lapsed

  • New property right for authorship introduced under the Term Directive:

  • Publication right: granted to individuals publishing a previously unpublished work after copyright expiry.

  • Lasting 25 years from first publication.

    • Special provisions to determine 'public domain' status and unauthorized acts preceding publication.

7. Optimal Term

  • Ongoing debates about optimal copyright duration influenced by EU legislation and trade agreements post-Brexit.

Perspectives on Copyright Duration

  • Discussions diverge between:

    • Natural Rights: In favor of longer terms (at least life of the author).

    • Instrumentalists: Advocating for terms to align with production efficiency, possibly shorter than current terms.

Evidence and Justification for Duration Changes

  • Empirical evidence regarding creative output and its relation to copyright duration remains inconclusive.

  • Studies, including those from Paul Heald, suggest that prolonged copyright can lead to works being unavailable.

Notes

  • Extensive references from various legal cases and academic commentary highlight the ongoing dialogue around copyright laws and their implications for creators, consumers, and cultural access.