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Copyright, Designs and Patents Act 1988

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52 Effect of exploitation of design derived from artistic work. E+W+S+N.I.

(1)This section applies where an artistic work has been exploited, by or with the licence of the copyright owner, by—

(a)making by an industrial process articles falling to be treated for the purposes of this Part as copies of the work, and

(b)marketing such articles, in the United Kingdom or elsewhere.

(2)After the end of the period of 25 years from the end of the calendar year in which such articles are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3)Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) applies only in relation to that part.

(4)The Secretary of State may by order make provision—

(a)as to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this section as made by an industrial process;

(b)excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

(5)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section—

(a)references to articles do not include films; and

(b)references to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.

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Modifications etc. (not altering text)

C1S. 52 excluded by S.I. 1989/1070, art. 3

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