Workbook on Digital Private Papers > Legal issues > Intellectual Property Rights
Intellectual Property Rights
Copyright legislation
UK legislation
Copyright is mainly governed by the Copyright, Designs and Patents Act 1988 (CDPA), although there is some other primary legislation relating to broadcasting (1990 and 1996) and the legal deposit libraries (2003).
Copyright and international law
The ease of copying and transmitting digital materials means that archives may need to consider the impact of copyright law in other countries. Although copyright legislation is similar in many countries, it may be difficult to obtain redress for infringements of copyright which occur abroad, not least because of differences in the legal systems. Countries who have signed up to The Berne Convention will be able to offer their citizens a greater degree of protection, but international law is slow-moving and does not keep pace with the changes brought about by new technologies. To date it seems likely that the law of the place where the digital information was uploaded will apply to copyright.
The Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works (most recent version Paris, 1971) is the principal international copyright treaty. In 1996, a new international copyright treaty was negotiated under the auspices of the World Intellectual Property Organization (WIPO). Known as the WIPO Copyright Treaty, it addresses issues raised by new technologies. Many countries are amending their laws to comply with the treaty. More than 30 countries have joined. The essentials of the treaty are to provide for 'national treatment' (so if a UK citizen sued in the US they could benefit from US law) and minimum standards of protection. Difficulties are that international law has trouble keeping pace with technological change and so law relating to copyright of digital items may differ more between countries than laws for more traditional media.
EC Directives
In addition to the CDPA there are numerous statutory instruments to bear in mind. Most of these implement EC directives:
- The Copyright (Computer Programs) Regulations 1992 SI 1992 No.3233 - which implements Directive 91/250/EEC on the legal protection of computer programs in the UK. Came into force on 1 January 1993.
- The Duration of Copyright and Rights in Performances Regulations 1995 SI No. 3297 - which implements Directive 93/98/EEC (with the exception of Article 4) on the duration of copyright and related rights in the UK. Came into force on January 1996.
- The Copyright and Related Rights Regulations 1996 SI No. 2967 - which implements Directives 92/100/EEC on rental, lending and other rights, 93/83/EEC on copyright and related rights in relation to cable and satellite broadcasting and Article 4 of 93/98/EEC on the duration of copyright and related rights in the UK. Came into force on December 1996.
- The Copyright and Rights in Databases Regulations 1997 SI 1997 No. 3032 - which implements Directive 96/9/EC on the legal protection of databases in the UK. Came into force on January 1998.
- The Copyright and Related Rights Regulations 2003 SI 2003 No. 2498 - which implements Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. Came into force on 31 October 2003.
