copyright 1995 David Flint
MacRoberts , Solicitors; Glasgow, Edinburgh & London, United Kingdom
A draft Statutory Instrument which will implement the EU Copyright Term Directive has been published by the DTI. This makes two material changes to UK law, firstly, as to the term of copyright and, secondly, as to the identity of the author of a film.
The principal changes to UK law will be as follows:
- The term of copyright is to be extended from the period of the life of the creator plus fifty years to life plus seventy years. This copyright will be revived in many works which are now in the public domain in the United Kingdom.
- The category of persons who will be the author of a film will be extended beyond the person by whom the arrangements necessary for the making of the film are undertaken to include the principal director.
- Under current law the term of copyright in a film expires at the end of fifty years from the year in which the film was made or, if released during that time, fifty years from the year of release. The new period of seventy years will start at the end of the year of death of the last to die of the author of the screenplay, the principal director, the author of the dialogue and the composer of music commissioned for the film.
- The Statutory Instrument gives a new twenty-five year publication right (in many respects equivalent to copyright protection) in relation to works which are unpublished when the original copyright period expires. Subject to certain qualifications the publication rights will be owned by the person or company who is first to publish the work or to make it available to the public.
The effect of the new legislation (which, it is proposed will become law on 1st November this year) will be that it will be possible to continue to exploit work in which copyright has been extended or revived but this will be subject in some circumstances to the payment of a "reasonable royalty" or other payment to the new copyright owner. The legislation contains a number of controversial provisions, for example, where a public domain work comes back into copyright it is proposed that where there was an exclusive licence still in force when the copyright expired the exclusive licensee will become the owner of the revived copyright. We are aware that there has been lobbying from authors and from other interested parties and the provisions of the legislation may differ in various respects from those contained in the draft statutory instrument.