Intellectual Property Rights

Unpublished literary, dramatic, artistic and musical manuscripts

Where the author is known, duration of copyright in unpublished manuscripts depends on whether the work was created before or after 1989 and the date of the author's death. Where the author is unknown, duration of copyright will be calculated according to whether the work was created before or after 1989 and the date of creation.

• Where an author can be identified and the work was created prior to 1989, the protection period is 70 years following the death of the creator or until 2039, whichever is the longer.
• Where an author can be identified and the work was created after 1989, the protection period is years following the death of the creator.
• Where an author cannot be identified the protection period is 70 years following the date upon which the work was first created.
• Where the work in question was the product of joint authorship the period of protection will be calculated from the date of death of the last surviving author as above.

Correspondence, memos, speeches and articles in unpublished personal archives fall into this category.

Literary, dramatic, artistic and musical manuscripts which were later published

For manuscripts which were later published, the subsistence of copyright will be calculated according to when the work was published and when the author died.

• Manuscripts with a known author published in the author's lifetime remain in copyright for 70 years after the death of the author, provided the author is a European Economic Area national, or the work was first published in a European Economic Area country.
• Manuscripts with a known author which were created and published prior to 1989 but after the author's death remain in copyright for 50 years after publication or for 70 years after the author's death whichever is longer.
• Manuscripts published after 1989 remain in copyright for 70 years after the author's death.
• Manuscripts with an unknown author remain in copyright for 70 years after the year of publication.

Published literary, dramatic, musical or artistic works in archives

Published pamphlets found within an archive should be treated as a book.

• Copyright in published literary, dramatic, musical or artistic work generally lasts until 70 years after the death of the author.
• Copyright in a published edition expires 25 years after the edition was first published.

Sound recordings

Sound recordings are protected by copyright for 50 years from the end of the year in which the recording was created or released, whichever is the later.

There is also an important distinction between copyright in the sound recording itself and in the content of the material recorded. For example, an interview with a politician, which has been recorded, may create a copyright owned by the politician in the politician's words, while the person who arranged the recording holds rights in the recording itself.

Broadcasts

Copyright duration in broadcasts is 50 years from the end of the year in which the first broadcast was made.

Films

• Films created after 1 June 1957 - Copyright in a film is 70 years from the death of the last surviving 'person connected with the film'. This could be the principal director, the author of the screenplay, the author of the dialogue or the composer of any music specially created for and used in the film. This applies to any film which was first released in the European Economic Area and to any film in which one of the listed 'persons' was an European Economic Area national. Otherwise the copyright legislation of the relevant country applies. For the purposes of copyright a 'film' can be recorded on any medium whether analogue or digital.
• Films created before 1 June 1957 - Films made before 1 June 1957 are not protected as a 'film', but as a dramatic work or as a series of photographs.

Photographs

Copyright ownership in a photograph is complex and depends upon the date on which the image was taken.

• For photographs taken between 1 July 1912 and 31 July 1989, the owner of the copyright is the owner of the material on which the photograph was taken (the negative).
• For photographs commissioned before 1 August 1989, the owner of the copyright is the person who commissioned the work, although the photographer may retain some moral rights. The owner of the original negative may also have some rights over the use of the image even if it is out of copyright.
• Since 1 August 1989, the author (and copyright holder) is the person who took the photograph. In the case of digital images found in a personal digital archive, the copyright holder will be the person who took the photograph, not necessarily the donor.

Typographic arrangement

The typographical arrangement of an edition of a published book, newspaper or journal is protected by copyright for the duration of 25 years.

Website

In addition to possible literary, photographic and typographic protections a website will often qualify for protection under Database Right.

Database Right

A database may be subject to both copyright and database right. Copyright will only apply if it is a work of personal intellectual activity. Similarly only databases, which have been assembled as the result of substantial investment of time, money or technological expertise, may qualify for database right. Database right lasts for 15 years after the final changes have been made. The ownership of database right is the maker of the database, although the usual rules about ownership of work carried out in the course of employment or for the Crown apply.

Database right was introduced by EC directive (96/9/EC of 11 March 1996), enacted as The Copyright and Rights in Databases Regulations 1997 (SI. 3032) in the UK. For detailed guidance on database right see Copyright: interpreting the law for libraries and information services, by Graham P. Cornish.