Insights Intellectual Property Office publishes call for views on the impact of the repeal of s 52 of the Copyright, Designs and Patents Act 1988

The Government is holding a call for views as part of a post-implementation review (PIR) of the repeal of s 52 CDPA, which was effected by the Enterprise and Regulatory Reform Act 2013 and, subsequently, by the Copyright (Amendment) Regulations 2016. A PIR reviews the impact of the legislation within five years of coming into force.

The legislation affected the enforceability of copyright protection for artistic works and removed compulsory licensing for works where copyright was revived. The main affected groups are artists and designers; publishers; educational institutions and museums; and manufacturers and retailers of replicas. The affected works are most likely furniture, lighting, jewellery and ceramics and other works of artistic craftsmanship.

The 2016 repeal means that copyright in all artistic works, including those industrially manufactured, is enforceable throughout the full term of copyright protection, i.e., life of the creator plus 70 years.

The IPO is asking for views on whether the legislation has achieved its original objectives. It would like evidence-based responses where possible.

The call for views closes on 31 August 2021. To access the call for views, click here.