Last amended by Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (SI 2014/1372) in 2014. Expanded fair dealing exceptions, created text and data mining rights for non-commercial research, and introduced quotation exception and parody exception.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Copyright, Designs and Patents Act 1988 (CDPA 1988) is the comprehensive UK statute governing intellectual property in creative works. It replaced the Copyright Act 1956 and brought the law up to date with new technologies. Copyright arises automatically on creation of an original qualifying work — no registration is required. The Act protects eight categories of work: literary, dramatic, musical, and artistic works; sound recordings; films; broadcasts; and typographical arrangements of published editions. The duration of copyright varies: for literary, dramatic, musical, and artistic works it is the life of the author plus 70 years; for sound recordings, films, and broadcasts, the period is typically 50 or 70 years from making or first publication. The CDPA also establishes moral rights (the right of authors to be identified and to object to derogatory treatment), creates an unregistered design right for three-dimensional articles, and contains detailed provisions on performers' rights. The Act provides a range of permitted acts (defences) including fair dealing for research, private study, criticism, review, quotation, and news reporting, and exceptions for education, libraries, and archives.
Key Points
- Copyright — arises automatically on creation of original literary, dramatic, musical, artistic works, sound recordings, films, broadcasts, and typographical arrangements (s.1)
- Originality requirement — work must originate from the author and reflect the author's own intellectual creation (following Infopaq International A/S v Danske Dagblades Forening (C-5/08))
- Duration — literary, dramatic, musical, and artistic works: life of author + 70 years (s.12); sound recordings: 70 years from first publication (s.13A); films: 70 years from death of last principal director, screenplay author, or composer (s.13B)
- Moral rights — right to be identified as author (s.77, must be asserted); right to object to derogatory treatment (s.80); right not to have work falsely attributed (s.84); privacy right in commissioned photographs and films (s.85)
- Primary infringement — copying, issuing copies to the public, rental and lending, performing/showing/playing, communicating to the public, and making adaptations (ss.16-21)
- Secondary infringement — importation, possession for commercial purposes, providing means for making infringing copies — requires knowledge or reason to believe (ss.22-26)
- Fair dealing exceptions — permitted acts for research and private study (s.29), criticism and review (s.30), quotation (s.30A), news reporting (s.30), and text and data mining for non-commercial research (s.29A)
- Unregistered design right — protects the shape or configuration (internal or external) of the whole or part of an article; lasts 15 years from creation or 10 years from first commercial exploitation (Part III, ss.213-264)
Parts & Sections
Amendments History
2003 — Copyright and Related Rights Regulations 2003 (SI 2003/2498)
Implemented the EU Information Society Directive (2001/29/EC), extending the communication to the public right to cover internet transmissions, introducing technological protection measure provisions, and updating exceptions.
2014 — Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (SI 2014/1372)
Expanded fair dealing exceptions, created text and data mining rights for non-commercial research, and introduced quotation exception and parody exception.
Frequently asked questions
- Do I need to register my work to get copyright protection?
- Copyright arises automatically when an original qualifying work is created. There is no requirement to register the work to gain protection. The Copyright, Designs and Patents Act 1988 defines copyright as a property right that subsists in original literary, dramatic, musical, or artistic works, as well as sound recordings, films, broadcasts, and typographical arrangements of published editions.
- How long does copyright last for different types of creative works?
- For literary, dramatic, musical, and artistic works, copyright lasts for 70 years from the end of the calendar year in which the author dies. For sound recordings, the duration is 70 years from first publication. For films, it is 70 years from the death of the last surviving principal director, screenplay author, or composer. These periods are set out in the Copyright, Designs and Patents Act 1988.
- What moral rights do authors have under the Act?
- Authors have the right to be identified as the creator of their work, but this right must be asserted before it can be infringed. They also have the right to object to derogatory treatment, which includes distortion or mutilation of the work that is prejudicial to their honour or reputation. These moral rights are established under the Copyright, Designs and Patents Act 1988.
- What is unregistered design right and how long does it last?
- Unregistered design right protects the shape or configuration of the whole or part of a three-dimensional article. It does not cover methods of construction or features used for connecting parts. The right lasts for 15 years from when the design was first recorded or an article was first made, or 10 years from first commercial sale or hire if that occurs within the first five years.