Re: U.K. Copyright Duration

From: Stephen Fishman <sfish55[_at_]yahoo.com>
Date: Fri, 22 Jan 1999 12:19:23 -0800 (PST)

On Thu, 21 Jan 1999, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> I have a few questions about the duration of copyright in the U.K.:
>
> 1. When did the U.K. adopt "life + 70" years?
>
> 2. Was "life + 70" retroactively applied to works that were still
> under copyright? Did it revive copyrights in works already in
> the public domain?
>
> 3. When did the U.K. previously adopt "life + 50"? Was it
> retroactively applied to works still under copyright? Did it
> revive copyright in works already in the public domain?
>
>
> For those who would prefer a concrete hypothetical: Suppose a book was
> first published in 1895, and the author died in 1946. My understanding
> (correct me if I am mistaken) is that in 1895, the duration of copyright
> in the U.K. was the longer of life + 7 years or 42 years. So, unless
> the copyright was extended by legislation, the work would have entered
> the public domain in 1953. Is this correct?

1. The life + 70 term took effect Jan. 1, 1996.
2. Yes, the life + 70 is retroactive, and restored copyright in works whose authors were dead over 50, but not over 70, years.
3. The life + 50 term was took effect July 1, 1912. This term was applied to all works in which common law or statutory copyright subsisted on the commencement date. This means the work in your hypo would not have entered the public domain in 1953. It's protected by copyright until 2017.

You can find a good overview of UK copyriht law in the treatise International Copyright Law and Practice by Geller and Nimmer. It's publihsed by Matthew Bender.  

Stephen Fishman
<sfish55[_at_]yahoo.com>

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