The repeal of section 52 of the Copyright, Designs and Patents Act (CDPA) has extended copyright protection for certain mass produced artistic works to the life of the creator plus 70 years. Previously, for designs that attracted copyright and were mass produced, the length of copyright protection was only 25 years.
What does this mean for the jewellery, furniture and homeware industries?
- Jewellery, furniture and homeware may well attract copyright protection as works of artistic craftsmanship. Click here to read our detailed analysis on those items which will attract lengthier protection.
- If products do attract copyright protection, designers can stop others reproducing copies of the jewellery, furniture or homeware for a much longer period of time than under design right law.
Timescales for new law
It was repealed on 28 July 2016, with a transitional period allowing for any copies to sell through or be destroyed. The timescales for this are as follows:-
- Any copy which was manufactured or imported on or before 28 October 2015 may be sold until 28 January 2017;
- Any copy which was manufactured or imported after 28 October 2015 but under a contract entered into before 28 October 2015 may be sold until 28 January 2017; and
- Any copy manufactured or imported under a contract entered into after 28 October 2015 but before 27 July 2016 must be sold by 28 July 2016.