Love it? Hate it? Can't pronounce it?—what you can expect from copyright in 2015

Love it? Hate it? Can't pronounce it?—what you can expect from copyright in 2015
A carefully selected panel of experts considers what changes 2015 might bring for copyright lawyers and their clients.

© Terence Lim

The experts

Tom Moody-Stuart, barrister, 8 New Square, Theo Savvides, partner, Bristows LLP, Tom Ohta, associate, Bristows LLP and currently an IPKat Kat, Andy Butcher, associate, Bristows LLP, Sean Ibbetson, associate, Bristows LLP

What are your predictions for 2015?

Tom Moody-Stuart: Looking forward, the impact of the private use exception (and to a lesser extent, the other copyright exceptions) should become more apparent over the course of 2015. Even if the provision were declared ultra vires there is every chance that it would be reinstated in an amended form. The measure is a popular one among consumers, and I would be surprised if it were to be abandoned, whoever is sitting in Downing Street come the end of May 2015.

Theo Savvides, Tom Otha, Andy Butcher and Sean Ibbetson:

Legislation

In 2015 we expect to see regulations made pursuant to the Copyright, Designs and Patents Act 1988, s 170(2)(CDPA 1988) to reduce the duration of copyright in some existing, but unpublished, copyright works. Due to the transitional provisions contained in CDPA 1988, Sch 1, some very old unpublished works are protected by copyright in the UK until 2039 despite the fact that their authors may have died hundreds of years ago. Some of these works may be of significant cultural and/or historical interest. Therefore, the Intellectual Property Office (IPO) launched a consultation (which closed on 12 December 2014) on reducing the duration of copyright in so-called ‘2039’ works.

CDPA 1988, s 52 currently provides that artistic works which are copied, for commercial purposes, by an industrial process with the permission of the copyright owner are subject to a reduced period of copyright protection—25 years from the end of the year in which the industrially-produced copies are first marketed (rather than the usual period of 70 years from

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