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Intellectual Property
c. 48

Copyright, Designs and Patents Act 1988

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Summary

The CDPA 1988 is the primary statute governing copyright, design rights, and patent law in the UK. It defines the types of work protected by copyright, the duration of protection, the rights of copyright owners, and the exceptions and limitations. It also establishes the framework for registered and unregistered design rights and contains provisions on patents and performers' rights.

Key Points

  • Copyright automatically protects original literary, dramatic, musical, and artistic works, sound recordings, films, broadcasts, and typographical arrangements
  • Duration — Copyright in literary, dramatic, musical, and artistic works lasts for the life of the author plus 70 years
  • Moral rights — Authors have the right to be identified (s.77), the right to object to derogatory treatment (s.80), and the right against false attribution (s.84)
  • Fair dealing exceptions — Permits limited use for research, private study, criticism, review, quotation, and news reporting
  • Infringement — Primary infringement includes copying, issuing copies to the public, performing, communicating, and making adaptations without permission
  • Design right — Part III creates an unregistered design right protecting the shape or configuration of articles

Parts & Sections

Amendments History

2003Copyright and Related Rights Regulations 2003

Implemented the EU Information Society Directive, updating provisions on reproduction rights and exceptions.

2014Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014

Expanded fair dealing exceptions for research and education.

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