Copyright, Designs and Patents Act 1988
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| Long title | An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes. |
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| Citation | 1988 c. 48 |
| Territorial extent | Defined by s. 304 Part 1 extends (partially) to Bermuda by S.I. 2003/1517. |
| Dates | |
| Royal assent | 15 November 1988 |
| Commencement | 15 November 1988 (partially) 15 January 1989 (partially) 9 June 1989 (partially) 28 July 1989 (partially) 1 August 1989 (partially) 10 July 1990 (partially) 13 August 1990 (partially) 7 January 1991 (remainder) |
| Other legislation | |
| Amended by |
1990 c. 42, 1996 c. 55, 2002 c. 25, 2002 c. 33, 2003 c. 28 S.I. 1995/3297, S.I. 1996/2967, S.I. 1997/3032, S.I. 2003/2498, S.I. 2006/18, S.I. 2006/1028 |
| Relates to | S.I. 2005/1515, S.I. 2006/346 |
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Status: Amended
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Copyright, Designs and Patents Act 1988 (c 48), also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works).
In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, films, sounds recordings, broadcasts, and typographical arrangement of published editions.
Part 1 of the Act "restates and amends" (s. 172) the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 (c. 46) and 1956 (c. 74) continue to have some effect in limited circumstances under ss. 170 & 171 and Schedule 1. It brings United Kingdom law into line with the Berne Convention for the Protection of Literary and Artistic Works, which the UK signed more than one hundred years previously, and allowed the ratification of the Paris Act of 1971.
Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. 157); amendments by Order in Council extended the Act to Bermuda and Gibraltar. Works originating (by publication or nationality/domicile of the author) in the Isle of Man or the following former dependent territories qualify for copyright under the Act: Antigua, Dominica, Gambia, Grenada, Guyana, Jamaica, Kiribati, Lesotho, St. Christopher-Nevis, St. Lucia, Swaziland and Tuvalu. All other countries of origin whose works qualified for United Kingdom copyright under the UK Copyright Act 1911, also known as the Imperial Copyright Act of 1911, or the 1956 Acts continue to qualify under this Act (para. 4(3) of Schedule 1).
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