Protecting copyright in the UK and EU

Guide

Last updated 4 January 2021

Background

Copyright is a national right that each country provides separately. However, copyright is largely harmonised internationally by a number of treaties. The Trade and Cooperation Agreement between the UK and EU builds on these international norms and maintains high standards of copyright protection between the UK and EU.

A substantial part of UK copyright law was derived from the EU's legislation when the UK was a member state. Because of this, there are references in UK law to the EU, the EEA, and member states.

The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019), passed under the powers of the European Union (Withdrawal) Act 2018, came into force on 1 January 2021. These regulations removed or corrected references to the EU, EEA, or member states in UK copyright legislation and preserved the effect of UK law where possible.

To address these issues, UK introduced the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 under the powers of the European Union (Withdrawal) Act 2018, which came into force on 1 January 2021..

The UK/EU Trade and Cooperation Agreement (TCA) between the UK and EU reaffirmed the majority of the benefits and protections UK copyright owners enjoyed in the EU. However, a small number of cross-border arrangements that are unique to the EU and EEA have now come to an end.

Protection of UK copyright works in the EU

The majority of UK and EU copyright works (such as books, films and music) enjoy mutual protection in each other’s territories because they participate in the international treaties on copyright and the UK/EU TCA.

This applies to works made before and after 1 January 2021.

Copyright clearance in satellite broadcasting

Read guidance about changes to copyright clearance in satellite broadcasting.

Sui generis database rights

Read guidance on changes to sui generis database rights.

Portability of online content services

Read guidance on cross-border portability of online content services.

Orphan works copyright exception

Read guidance for cultural heritage institutions about orphan works copyright.

Accessible format copies of copyright works

Read guidance about access to copyright works for people with visual impairments.

Collective rights management

Read guidance about collective rights management in the UK and EEA.

Artist's resale right

The Artist's resale right entitles creators of artistic works to a royalty payment each time their works are sold by an art market professional.

The UK has implemented the EU's Resale Right Directive through the Artist's Resale Right Regulations 2006. These regulations were amended to reflect the UK's position outside the EU, while continuing to provide the right to foreign nationals on a reciprocal basis.

Nationals of the UK and other countries that provide reciprocal treatment for UK nationals (including EU member states) will continue to receive resale rights in the UK and those countries. This is in accordance with the Berne Convention and provisions in the UK/EU TCA.

Cable retransmissions of works

When a copyright work is broadcast between EEA member states and retransmitted by cable in the receiving member state, the copyright holder can only exercise their rights through a collective management organisation.

The UK applies this rule to cable retransmissions of broadcasts from EEA member states. However, some EU member states may no longer apply this rule to broadcasts originating from the UK.

Consequently, copyright holders whose works are broadcast from the UK and retransmitted via cable in the EEA:

  • may need to negotiate licences with the cable operator directly
  • could see statutory licensing terms imposed on the cable retransmission of their works in certain EEA states
  • may want to seek legal advice to inform their assessment

Qualification for copyright protection

Works that are currently eligible for copyright protection in the UK will continue to be eligible from 1 January 2021.

Works are eligible for copyright protection in the UK if they are:

  • made by a national of the UK, EEA or any other country that is party to the international copyright treaties

or

  • first published or transmitted in the UK, EEA or any country that is party to the international copyright treaties

Copyright duration

Copyright duration for works in the UK and EU are maintained by specific provisions in the UK EU TCA.

Read guidance about Copyright Notice: Duration of copyright (term).

Use of EU satellite decoders

Read guidance about satellite decoder cards intended for EU audiences.


First published 26 November 2020