Duration of copyright

  • Changes to the duration of certain types of copyright took effect on 1 January 2019. The main change was to abolish perpetual copyright in unpublished materials, so as to enable the use of such materials held in libraries and archives.

    Also a new definition of ‘made public’ (s 29A) was added, which sets out the actions that will be used when determining the term of copyright; these include supplying copies to the public, communicating to the public (e.g. over the internet), exhibiting an artistic work in public, constructing a building, showing a film in public, and allowing a sound recording to be heard in public. However, no publication counts unless it is made by, or with the permission of, the copyright owner (ss 29, 29A).

    NOTE: For the purpose of this ‘Duration of copyright’ section:

    ‘Life plus 70’ = Copyright lasts for 70 years after 31 December of the year the author died (or, in the case of works of joint ownership, the year the last author died).

    ‘Publication plus 70’ = Copyright lasts for 70 years after 31 December of the year the work was first published or made public.

    ‘Making plus 70’ = Copyright lasts for 70 years after 31 December of the year the work was made.

Duration of copyright

Chapter: 7.6: Copyright

Contributor: Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret®

Current as of: 1 September 2024

Law Handbook Page: 674

Next Section: Works

Previous
Previous

Ownership of copyright

Next
Next

Works