Indelible IP are exhibiting at the Shell Store Open House & Networking Event in Hereford on 7 March 2024 alongside a number of other businesses providing services in Herefordshire and the surrounding areas.
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In the UK the existence of copyright for artistic works has a duration of the life of the author plus 70 years.
But for works of artistic craftsmanship which are industrially exploited, the duration of copyright protection was limited to 25 years by virtue of Section 52 of the Copyright Designs and Patents Act 1988. This apparent imbalance in the copyright afforded to some artistic works has not surprisingly been a bone of contention, and recent reviews of the law around copyright and designs saw a consultation introduced for repeal of Section 52.
There are no set rules as to what constitutes a work of “artistic craftsmanship”, but it can apply to works such as furniture, lighting, wallpaper and jewellery. Industrially exploited is defined as more than 50 copies. Such products may also be covered by registered design protection, and so the period of copyright was shortened in line with the duration of registered design rights.
But this was long felt to be an unfair restriction of rights for such carefully crafted items, and since the Government was obliged to amend this provision by virtue of two EU Directives, after consultation it was agreed for Section 52 to be repealed on 28 July 2016.
Whilst this will have brought a smile to the faces of the owners of such artistic copyright, for those businesses which have built their success on reproductions, this is something of a disaster. The Government has therefore introduced transitional provisions which allow a period for any product manufactured or ordered via a contract placed prior to 28 October 2015 to be disposed of by 28 January 2017. Sales after this date may fall foul of copyright law.
For businesses operating in the replica field, and for publishers using 2D images of such artistic works, a review of their position is strongly recommended, with a decision on whether to make an approach to obtain a licence to continue manufacture, or to stop manufacture to that design.
For any questions relating to the repeal of Section 52 please get in touch at info@indelibleip.co.uk