Copyright, Designs and Patents Act 1988

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The Copyright, Designs and Patents Act 1988: a simple guide

What it is
The UK law that reformatted copyright, added a new design right, and updated rules about patents and design protection. It also covers performers’ rights, trade marks, and certain offences related to copying and copy-protection in electronic form. It came into force in phases starting in 1989.

What counts as copyright
- Protected works: literary, dramatic, musical, artistic works; films; sound recordings; broadcasts; and the typographic arrangement of published editions.
- Fixation: a work must be fixed in some tangible form (written, recorded, etc.) to be protected.
- Duration: generally life of the creator plus 70 years after death; if the author is unknown, 70 years from creation or publication; some special rules apply for film, computer-generated works, and Crown or parliamentary material.
- Who gets protection: based on where the work originated and its category; some older acts still apply in limited cases.

Performers’ rights
- Performers (actors, musicians, etc.) have rights over recordings or broadcasts of their performances.
- These rights last about 50 years after the performance.
- Rights can be licensed or assigned to others (e.g., a record company).
- Infringing use of performances or recordings (without consent) is an offence, and there are remedies if rights are violated.

Moral rights
- Authors have non-economic rights to be identified as the creator and to object to derogatory treatment of their work.
- These rights cannot be sold or transferred, but they can be waived in some cases.
- Most moral rights last for the author’s lifetime and continue for a period after death.

Crown and parliamentary copyright
- The government’s own works (Crown copyright) and some parliamentary works have their own terms.
- Typically, Crown copyright lasts for a defined period after publication; unpublished Crown works have a longer term.
- Parliamentary works also have their own protection rules.

Education, libraries and fair dealing
- Limited copying for teaching and study is allowed if done fairly and for educational purposes.
- Educational establishments can copy broadcasts for use in class.
- Copying from published editions is limited (e.g., about 5% in a year for many works).
- Librarians may supply copies to individuals for private study and may copy for other libraries under specific rules.
- Copies may be made in certain official or legal contexts (parliamentary/judicial proceedings, public records, etc.).

Design rights
- Unregistered design right: protects original designs that are new and not commonplace in the field, but only after a design is recorded after August 1, 1989.
- Duration: 15 years after the design is recorded, or 10 years after the product first being sold, whichever comes first.
- The design right is separate from copyright, and it can cover the look of a product even if the artwork itself isn’t protected as a copyright work.
- If an artistic work is used to make a design and the design is commercialised, there are additional considerations about protection timing and term.

Registered designs and related changes
- The Act amended the Registered Designs Act 1949, updating how designs are protected and how long protection lasts.
- It also allows government action to protect the public in monopoly situations and provides for compensation in some Crown use cases.

Patents and agents
- The Act creates a system for registering patent agents and trademark agents and protects communications with clients from disclosure in court.

County courts for patents
- It introduces a system of patents-related cases in county courts for matters that involve smaller financial sums.

Enforcement and penalties
- Infringing copyright or performing rights can lead to civil remedies (injunctions, damages, orders to hand over infringing copies) and criminal penalties for certain offences (e.g., making or selling infringing copies).
- The Act recognises secondary infringement—being knowingly involved in enabling or facilitating infringement.

How it fits with international law
- The CDPA aligns UK law with international treaties and EU directives, and it updated procedures and rights to reflect those obligations.

In short
The 1988 Act modernised UK intellectual property law by reorganising copyright, creating a new unregistered design right, clarifying performers’ and moral rights, updating design protection, and tightening enforcement. It sets out what can be protected, how long protection lasts, and the penalties for copying or using protected works without permission, while also providing allowances for education, libraries, and public-interest needs.