Copyright, Designs and Patents Act 1988

[F1 13A Duration of copyright in sound recordings. U.K.

(1) The following provisions have effect with respect to the duration of copyright in a sound recording.

[F2 (2) Subject to subsections (4) and (5) [F3 and section 191HA(4)], copyright expires—

(a) at the end of the period of 50 years from the end of the calendar year in which the recording is made, or

(b) if during that period the recording is published, [F4 70] years from the end of the calendar year in which it is first published, or

(c) if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, [F5 70] years from the end of the calendar year in which it is first so made available,

but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorised act.]

(3) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the author of a sound recording is not a national of an EEA state, the duration of copyright is that to which the sound recording is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under [F7 subsection (2) ] .

(5) If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in [F7 subsection (2)].]

Textual Amendments

F1 Ss. 13A, 13B substituted for s. 13 (1.1.1996) by S.I. 1995/3297, reg. 6(1) (with Pt. IV)

F2 S. 13A(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 29(a) (with regs. 31-40)

F3 Words in s. 13A(2) inserted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(a) (with regs. 11-27)

F4 Word in s. 13A(2)(b) substituted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(b) (with regs. 11-27)

F5 Word in s. 13A(2)(c) substituted (1.11.2013) by The Copyright and Duration of Rights in Performances Regulations 2013 (S.I. 2013/1782), regs. 1, 6(b) (with regs. 11-27)

F6 S. 13A(3) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 29(b), Sch. 2 (with regs. 31-40)

F7 Words in s. 13A(4)(5) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I.2003/2498), reg. 29(c) (with regs. 31-40)