Commentary

35 Transitional provisions—works made prior to 1 January 1996

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

35 Transitional provisions—works made prior to 1 January 1996

| Commentary

35 Transitional provisions—works made prior to 1 January 1996

The new provisions of the Copyright, Designs and Patents Act 1988 (‘the 1988 Act’), inserted by the Duration of Copyright and Rights in Performances Regulations 1995 (‘the Duration Regulations’), apply to literary, musical, dramatic and artistic works made before 1 January 1996 (the commencement date of the Duration Regulations) and which first qualify for protection after that date or in which copyright subsisted immediately before that date, whether or not the work in question was made before 1 August 1989 (the commencement date of the 1988 Act)1. These existing works (other

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