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Stay abreast of the changing landscape of intellectual property law with our latest updates, and expert advice for creatives and professionals. Our resources are here to help you navigate the complexities of copyright, patents, and licensing.

Latest News on Intellectual Property Law

Published: 07.05.13 at 12:57

The Enterprise and Regulatory Reform Bill's Impact on Copyrights

The recent royal assent to The Enterprise and Regulatory Reform Bill has sparked a hornet's nest in the world of copyright. Introducing potential licensing of orphan works and schemes for extended collective licensing, the Bill's provisions have attracted a flurry of criticism for their ambiguous and potentially disruptive nature.

Are You a Registered Professional?

If you're working in film & TV, stay tuned as we explore ways to protect your creative works in today's digital media landscape.

Latest Copyright Reforms Attract Criticism

The Act's provisions, which are set to amend the Copyright Designs and Patents Act, have provoked backlash particularly from photographers. Concerns stem from how the term "orphan works" will be interpreted and potentially misused, raising alarms about the fair usage of unattributed media.

Understanding Orphan Works Licensing and Extended Collective Licensing

What Are Orphan Works?

Orphan works refer to copyrighted materials whose owners are impossible to trace despite a 'diligent search'. This definition has brought unease, especially among photographers who worry about lose of metadata making their works "orphans".

The Myth of Free Use of Photos Debunked

Contrary to popular belief, even with an orphan status, commercial use of a work will require a license fee at market rates. Deposited with the licensing body, these can be claimed by authors if they emerge.

The Significance of Metadata

Despite concerns, missing metadata alone does not classify a work as an orphan. A thorough, verifiable diligent search is still required before usage can be licensed.

Registration Not Mandated but Beneficial

While copyright is automatic and requires no registration, documenting your creations on public databases could be instrumental in proving ownership and debunking orphan work claims against you.

Unresolved Aspects of the Legislation

The nitty-gritty of the legislation around diligent search requirements and opt-out procedures are pending, to be detailed in future secondary legislation.

Copyright Protection Extended for Industrially Exploited Works

An overlooked clause in the uproar is the repeal of section 52 which now affords works exploited industrially the full period of copyright protection, syncing with the life of the author plus 70 years, thereby extending protection significantly.

Exploring While Protecting Your Work

For professionals frequently travelling, ensuring the integrity of their intellectual property across different jurisdictions is vital. The same careful planning in protecting your work should also be echoed in selecting accommodations that cater to your needs, reflecting the peace of mind and security you strive for in safeguarding your creative outputs.