Examination of Witnesses (Questions 40)
MR DOMINIC
MCGONIGAL,
MR RICHARD
COMBES, MR
NIGEL WARBURTON
AND MR
TIM PADFIELD
28 JANUARY 2008
Q40 Chairman: Is there a time limit?
Mr Padfield: Ultimately the time
limit is the expiry of copyright, but if they are unpublished
they are in copyright until 2039 at the earliest, which is a bizarre
aspect of our copyright law[1].
Chairman: Thank you all very, very much
indeed for coming along and confusing us slightly more but also
clarifying many issues.
1 Note from the witness: Until the passing
of the Copyright Designs and Patents Act 1988, unpublished literary
works were protected indefinitely. That indefinite protection
was ended by the Act, but not until 50 years after it came into
force in 1989. Currently therefore an unpublished literary work,
such as a letter or a diary or a will, of any date is protected
by copyright until 2039 at the earliest. From then on such works
are protected for the standard term of the life of the author
plus 70 years. The application of the standard term to all unpublished
works would hugely reduce the quantity of orphan works at a stroke. Back
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