Copyright Protection For Mass-Produced Articles In The United Kingdom
Art Law

Copyright Protection For Mass-Produced Articles In The United Kingdom

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the period of protection for such articles the same as that which was available under the Registered Designs Act but was considerably shorter than the term of protection otherwise available for artistic works, namely the life of the author plus seventy years. In 2011, the Court of Justice of the European Union in Flos v. Semeraro held that artistic works that qualified for copyright protection were entitled under the EU’s directive on the term of protection of copyright to that protection for the full copyright term of the life of the author plus seventy years if that term had not yet expired when the directive came into force. The decision further held that this was irrespective of whether the design had previously been protected in some other way, such as by registered design protection and the term of protection under that other law had already expired. The decision did, however allow countries to make transitional provisions to safeguard those who had relied on […]

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