August 22, 2009 05:07:30am
Re: Good Copyright Research Methods
The transitional savings within the UK Copyright, Designs and Patents Act still contain provisions that hold all films protected under the 1956 Copyright Act (which is films published between 1 July 1957 and 31 December 1988 inclusive and films registered under the the 1927 and following "Cinematograph Films Acts") copyright terms at 50 years. This continues to be in force as it was not repealed by the ammendments that were made in 1995 in line with the EU directive.
The key section related to the copyright term for films published before the commencement of the CDPA is found in Schedule 1. 12.2.(e):
12 (1) The following provisions have effect with respect to the duration of copyright in existing works. The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.
(2) Copyright in the following descriptions of work continues to subsist until the date on which it would have expired under the 1956 Act -
(a) literary, dramatic or musical works in relation to which the period of 50 years mentioned in the proviso to section 2(3) of the 1956 Act (duration of copyright in works made available to the public after the death of the author) has begun to run;
(b) engravings in relation to which the period of 50 years mentioned in the proviso to section 3(4) of the 1956 Act (duration of copyright in works published after the death of the author) has begun to run;
(c) published photographs and photographs taken before 1st June 1957;
(d) published sound recordings and sound recordings made before 1st June 1957;
(e) published films and films falling within section 13(3)(a) of the 1956 Act (films registered under former enactments relating to registration of films).
This effectively makes the NIEs/restorations for most of the British Hitchcock films invalid.
This post was modified by Video-Cellar on 2009-08-22 12:07:30