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Paragraph 6(1) of the Copyright, Designs and Patents Act 1988 prevents copyright from subsisting in an artistic work made before 1st June 1957 which at the time when the work was made constituted a design capable of registration under the Registered Designs Act 1949 or under the enactments repealed by that Act, and was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.
These Regulations amend paragraph 6 to Schedule 1 of the Copyright, Designs and Patents Act 1988 in order to clarify how article 10 of Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 (O.J. No. L 372, 27.12.2006 p. 12) (“the Term Directive”) is implemented. A new sub-paragraph is inserted which provides that paragraph 6(1) does not apply to an artistic work which was on 1st July 1995 protected under the law of another EEA state relating to copyright or related rights.
Paragraph 5 of Schedule 1 to the Copyright, Designs and Patents Act 1988 is amended to be consistent with the changes to paragraph 6, so that a work is not prevented from qualifying for copyright protection under paragraph 5 as a result of the changes to paragraph 6.
These Regulations also amend regulation 16 of the Duration of Copyright and Rights in Performances Regulations 1995 as part of the implementation of the Term Directive. They revoke regulations 24 and 34 subject to transitional provisions and revoke regulations 25 and 35.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP10 8QQ and is available with the explanatory memorandum alongside this instrument on the Legislation UK website at www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.
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