Copyright, Designs and Patents Act 1988, section 12

Duration of copyright in literary, dramatic, musical or artistic works

Part I Copyright

(1)The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.

(3)If the work is of unknown authorship, copyright expires—

(a)at the end of the period of 70 years from the end of the calendar year in which the work was made, or

(b)if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,

subject as follows.

(4)Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).

(5)For the purposes of subsection (3) making available to the public includes—

(a)in the case of a literary, dramatic or musical work—

(i)performance in public, or

[F32 (ii)communication to the public;F32]

(b)in the case of an artistic work—

(i)exhibition in public,

(ii)a film including the work being shown in public, or

[F33 (iii)communication to the public;F33]

but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

(6) Where the country of origin of the work is not [F34 the United KingdomF34] and the author of the work is not a national of [F34 the United KingdomF34] , the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).

(7)If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.

(8)The provisions of this section are adapted as follows in relation to a work of joint authorship [F35 or a work of co-authorshipF35] —

(a)the reference in subsection (2) to the death of the author shall be construed—

(i)if the identity of all the authors is known, as a reference to the death of the last of them to die, and

(ii)if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;

(b)the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;

(c) the reference in subsection (6) to the author not being a national of [F36 the United KingdomF36] shall be construed as a reference to none of the authors being a national of [F36 the United KingdomF36] .

(9)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to [F37 166DF37] ) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).F31]

Definitions used in section 12 14

artistic work

(1) In this Part “artistic work” means—

(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b)a work of architecture being a building or a model for a building, or

(c)a work of artistic craftsmanship.

Defined in s.4(1) · see it in the full Act

“artistic work” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 ;

Defined in Sch.4 para.38 · see it in the full Act
author

(1) In this Part “author”, in relation to a work, means the person who creates it.

Defined in s.9(1) · see it in the full Act

“author”, in relation to a design, has the meaning given by section 2(3) and (4);

Defined in Sch.4 para.38 · see it in the full Act

(3) In this Act the “author” of a design means the person who creates it.

Defined in Sch.4 para.38 · see it in the full Act
unknown authorship

(4) For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

Defined in s.9(4) · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
musical work

“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

Defined in s.3(1) · see it in the full Act
performance

(2) In this Part “performance”, in relation to a work—

(a)includes delivery in the case of lectures, addresses, speeches and sermons, and

(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film or broadcast of the work.

Defined in s.19(2) · see it in the full Act
film

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5B(1) · see it in the full Act

“film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5(1) · see it in the full Act
unauthorised

“unauthorised”, as regards anything done in relation to a work, means done otherwise than—

(a)

by or with the licence of the copyright owner, or

(b)

if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author’s employer or, in either case, persons lawfully claiming under him, or

(c)

in pursuance of section 48 (copying, &c of certain material by the Crown);

Defined in s.178 · see it in the full Act
country

“country” includes any territory;

Defined in s.178 · see it in the full Act
computer-generated

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

Defined in s.178 · see it in the full Act
work of joint authorship

(1) In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

Defined in s.10(1) · see it in the full Act
work of co-authorship

(1) In this Part a “work of co-authorship” means a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.

Defined in s.10A(1) · see it in the full Act
Crown copyright

(2) Copyright in such a work is referred to in this Part as “Crown copyright”, notwithstanding that it may be, or have been, assigned to another person.

Defined in s.163(2) · see it in the full Act
Parliamentary copyright

(7) The provisions of this section also apply, subject to any exceptions or modifications specified by Order in Council, to works made by or under the direction or control of any other legislative body of a country to which this Part extends; and references in this Part to “Parliamentary copyright” shall be construed accordingly.

Defined in s.165(7) · see it in the full Act

(2) Copyright in such a work is referred to in this Part as “Parliamentary copyright”, notwithstanding that it may be, or have been, assigned to another person.

Defined in s.165(2) · see it in the full Act

Cases considering section 12 3

Fisher (Original Respondent and Cross-appellant) v Brooker and others (Original Appellants and Cross-respondents)

[2009] UKHL 41 · 30 July 2009Defines

The House treated section 12 as prescribing the duration of copyright. That statutory duration supported the conclusion that mere delay did not extinguish an English copyright claim and Lord Hope’s tentative view that Scottish prescription should not shorten the United Kingdom period (see paras [3]–[4]; [78]).

Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor

[2023] EWHC 873 (Ch) · 19 April 2023

The provision is relied upon for the stated copyright expiry date for the Mark with Text, based on its first publication. (see para [278])

Novello & Company Ltd v Keith Prowse Music Publishing Company Ltd

[2004] EWHC 766 (Ch) · 7 April 2004Defines

The court referred to section 12(2) to identify the general 70-year copyright term, while noting that transitional provisions preserved different terms for certain existing works (see para [8]).

What each judgment says about section 12 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F31S. 12 substituted (1.1.1996) by S.I. 1995/3297, reg. 5(1) (with Pt. III)
  2. F32S. 12(5)(a)(ii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 4(1} (with regs. 31-40)
  3. F33S. 12(5)(b)(iii) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 4(2) (with regs. 31-40)
  4. F34Words in s. 12(6) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 4 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  5. F35Words in s. 12(8) inserted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 5 (with regs. 11-27)
  6. F36Words in s. 12(8)(c) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 4 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  7. F37Word in s. 12(9) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 23 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act. text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.