Copyright Law of The United Kingdom - Crown Copyright, Parliamentary Copyright and Copyright of International Organisations

Crown Copyright, Parliamentary Copyright and Copyright of International Organisations

Within the United Kingdom, the term of protection offered by Crown copyright, Parliamentary copyright, copyright of Acts and Measures, and copyright of international organisations is separate from that of ordinary copyright works.

Government material qualifies for either Crown copyright or Parliamentary copyright, or protection as an Act or Measure. Prior to the 1988 Act, Crown copyright also covered what is now a separate Parliamentary copyright: such as bills in Parliament and the various devolved assemblies, and Acts and Measures.

Qualification conditions for Crown copyright, for works made after the commencement of the 1988 Act, mean that a work qualifies for protection if it was made by an officer of the Crown in the course of his duties. Qualification conditions under the 1956 Act and the 1911 Act were somewhat different; but works that were Crown copyright at the commencement of the 1988 Act remain protected until the expiry of their original copyright term.

Crown copyright for artistic works is more complicated, and is entangled in special treatment given to engravings and photographs. For artistic works made after the commencement of the 1988 Act, the rule is the same as for other works: 50 years after publication or 125 years after creation. An engraving created before commencement and published after commencement is in copyright for 50 years after publication. Copyright of an engraving created before commencement and unpublished expires at the end of 2039. Photographs taken between 1 June 1957 (the commencement date of the 1956 Act) and commencement, and published, expires 50 years after publication. Photographs taken between 1 June 1957 and commencement, and unpublished, expires at the end of 2039. Photographs taken before 1 June 1957 expire 50 years after creation.

Parliamentary copyright applies to works made under the direction or control of either House of Parliament. Acts and Measures are defined as: Acts of Parliament, Acts of the Scottish Parliament, Acts of the Northern Ireland Assembly, or Measures of the General Synod of the Church of England.

Copyright in a bill in Parliament, the Scottish Parliament, the Welsh Assembly or the Northern Ireland Assembly subsists from the moment a bill is introduced into the legislature to the moment it either fails to pass or receives Royal Assent. The copyright of Acts and Measures subsists from Royal Assent until 50 years later. Parliamentary copyright of a literary, musical or dramatic work subsists until 50 years after the making of the work. Crown copyright of published literary, dramatic or musical works expires 50 years after publication. Crown copyright of unpublished works expires the later of 125 years from creation or 31 December 2039. The latter provision is a transitional measure from the 1988 Act because that Act abolished perpetual copyright protection for unpublished materials. It is 50 years after the commencement of the 1988 Act plus the usual for expiration extension to the end of the year.

Works of certain international organisations also qualify for protection under separate provisions in the 1988 Act. Lists of the international organisations that qualify are promulgated by statutiry instrument. Organisations specified include the United Nations, Specialised Agencies of the United Nations, and the Organisation of American States.

Copyright in the case of the works of international organisations lasts for 50 years from creation of the work.