CLASS 99
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THURSDAY, 24 MAY 2012
Will design classics return to the copyright fold in the UK?
According to today's press release from ACID:
Some readers may be wondering what is to happen with regard to transitional provisions, since some folk may suddenly find themselves infringing copyright in the course of a business which was hitherto protected by s.52. Other readers may wonder whether the drive by competition enthusiasts to get manufactured works unprotected as soon as possible to as to create a market for them -- which was originally responsible for s.52 -- subsided forever or whether the pendulum will soon be swinging away from protection again.
Comments from the Design Council here Posted by: Blog Administrator @ 15.37
Tags: UK copyright reform,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA343
Will design classics return to the copyright fold in the UK?
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| The Eames lounge chair |
"The [British] Government has announced an increase in the scope of protection for Classic designsFurther information is supplied by London-based law firm Powell Gilbert, which fleshes out the legal detail a bit:
Under the new measures, certain ‘artistic’ designs of manufactured goods (for example certain furniture, lamps and jewellery) created before 1987 may now be protected from unauthorised copying under copyright law.
ACID welcomes today’s improvement in copyright protection for classic designs protected under works of artistic craftsmanship from 25 years to the life of the originator plus 70, this is a significant development and it raises further awareness about the continuing value of iconic design. Design infringement of “Classics”, however, will still have to be enforced and so we are looking for these improvements to be matched with strong enforcement policy nationally and internationally".
"The Enterprise and Regulatory Reform Bill [see official government press release here; Bill's operational web page here; full text of today's text here] will repeal [the highly unpopular -- with designers] section 52 of theCopyright Designs and Patents Act 1988. This section limits the term of protection for artistic works which had been produced through an industrial process to just 25 years. The new term of protection will be 70 years plus the life of the creator, bringing it into line with the term of protection in most other European Union states. Until now, the UK had been one of only three Member States (the others being Estonia and Romania) to place a limit on the term of copyright protection for qualifying designs.It took a little while to drill down to the website with the relevant provision, since the government jobsworths don't actually provide a direct link to the text of the Bill but leave it for recipients of their official publicity to find it for themselves. Clause 55 of the Bill is the key provision:
Simon Ayrton, head of Powell Gilbert's design and copyright group, said:
"In practice, the repeal of section 52 will mean that the creators of iconic furniture designs, such as the Eames Lounge Chair, Le Corbusier’s La Chaise and Arne Jacobsen's Egg Chair, will be able to prevent the importation into the UK of inexpensively manufactured replicas from the Far East. In doing so, it will ensure a fair and consistent treatment of artistic works in the UK, as well as promoting innovation in the design industry and encouraging investment in new products"".
"Exploitation of design derived from artistic work
(1)The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) Omit section 52 (effect of exploitation of design derived from artistic work).
(3) In consequence omit the following—
(a) section 79(4)(g);
(b) in Schedule 1 paragraph 20".If enacted, this provision will come into force on "such day as the Secretary of State may by order made by statutory instrument appoint". So now you know.
Some readers may be wondering what is to happen with regard to transitional provisions, since some folk may suddenly find themselves infringing copyright in the course of a business which was hitherto protected by s.52. Other readers may wonder whether the drive by competition enthusiasts to get manufactured works unprotected as soon as possible to as to create a market for them -- which was originally responsible for s.52 -- subsided forever or whether the pendulum will soon be swinging away from protection again.
Comments from the Design Council here Posted by: Blog Administrator @ 15.37
Tags: UK copyright reform,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA343
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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