HomeInsightsGovernment publishes its response to technical consultation on transitional arrangements following repeal of s 73 of Copyright, Designs and Patents Act 1988

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The document sets out the Government’s response to the technical consultation. The technical consultation sought views on:

  • whether the licensing of underlying rights would change following the repeal of s 73;
  • whether a transition period is required; and
  • whether a rights clearance mechanism should be introduced.

On the basis of the responses received, the Government has concluded that:

  • rightsholders, broadcasters, and cable providers do not agree as to the potential value (if any) of underlying rights following the repeal of s 73. This suggests that discussions between these parties will need to take place;
  • section 73 can be repealed without a transition period; and
  • no compulsory structure for licensing needs to be introduced.

The technical consultation also considered the repeal of Schedule 2 (19) (Performers’ Rights). The majority of respondents who provided a view on this part of the consultation could see no issues with removing it from the CDPA. Therefore, it will be repealed alongside s 73. To read the Government’s response, click here.