May 10, 2016

Section 52 of the CDPA limits the term of copyright protection for industrially manufactured artistic works to 25 years.  In October 2015, the Government consulted on new transitional arrangements for the repeal of s 52, including a transitional period until the repeal takes effect and a depletion period for pre-existing contracts to help people adjust to the change in law.

Following the consultation, the Government says that it has concluded that:

• the repeal of s 52 will happen on 28 July 2016 (nine months from the start of the consultation period); and
• the depletion period for contracts in place prior to consultation will remain six months following the repeal, but will therefore conclude on 28 January 2017.

A further, technical consultation will take place on the changes to Schedule 1 of the CDPA 1988 and the Duration of Copyright and Rights in Performance Regulations 1995.

The Government’s response to the consultation was not published within 12 weeks of the consultation due to the high number of responses with different views, some of which were very detailed.  A period of 14 days begins at publication for people to consider whether the draft commencement order achieves its intended purpose.

The Government has also prepared guidance to assist affected businesses, organisations and individuals.  To access all relevant documents, click here.