Duration of Copyright and Unregistered Design Right Protection
Duration of Copyright ProtectionThe length of term of Copyright protection depends on the type of work in question. Terms of protection range from literary, artistic, musical or dramatical works, having terms of protection expiring at the end of the calendar year of the authors death plus 70 years, to sound recordings, broadcasts and computer programs having terms of protection expiring at the end of the calendar year when the work was first made plus 50 years.
The length of term of Copyright protection in artistic works is reduced if the work is industrially exploited during the term. An artistic work is said to be industrially exploited if one article more than 50 is produced with the permission of the Copyright owner and the articles are seen as copies of the original artistic work. The term of Copyright protection is then reduced to 25 years from the end of the calendar year of first industrial exploitation.
The terms of Copyright do vary according to when the work originated since there have been significant changes in the law in recent years. Our technical staff can advise on the term of protection of Copyright for different types of work. In addition, we have significant experience in assessing and advising on Copyright infringement issues.
Duration of Unregistered Design Right
In the UK, Design Right protection subsists in an original design for 15 years from the end of the calendar year in which the design was first recorded, or if an article was made to the design during the first 5 years of this term, then ten years from the end of the calendar year in which this first occurred.
The Design Right in an original design is infringed if a third party produces, imports, sells, lets or hires an article exactly or substantially to the design in question for commercial purposes without permission to do so from the owner of the design. A third party can also infringe design right in a design by making a design document recording the design in question for the purpose of enabling an article to be made.
In the European Community, Design Right protection subsists in a new design that has individual character for three years from the date of the first public disclosure of the design within the European Community.
Availability of Licences of Right
In the UK, a third party wishing to use the design is entitled to a license as of right in the last five years of the term of protection of the design and if such a license is taken, this does not result in infringement of the Design Right.
There are certain designs in which Design Right subsists and which may also be afforded Registered Design Protection. Our technical staff can advise on the most suitable form of protection to ensure that every element of the design in question is sufficiently protected, and also provide advice on Unregistered Design Right Infringement and licensing issues.
Licenses of right are not available for European Community Unregistered Design Rights.