Monday, August 26, 2019

Increasing the duration of copyright in literary works in the United Essay

Increasing the duration of copyright in literary works in the United Kingdom in 1995 from life of the author plus 50 years to li - Essay Example One of the most critical issues regarding intellectual properties is the extension of copyright protection period that had remained at 50 years past the creator’s death for a few several centuries.3 By this definition, the rights are universally protected; however, the term of protection is not indefinite except for a few special works. Nevertheless, the contention of this paper has little to do with the definition and more to do with the amount of time for which the protection is supplied, in the UK; copyrights are protected but the Copyright and Design act of 1988 based on the 2003 amendments by the copyright and related regulations. Over the years, the UK has faces several challenges in related to copyright owing to the number of sometimes contradictory directives by other European countries as well as international proposal. This is in spite of the Berne convention of 1886, which set a minimum standard of protection among the countries participating in the same, later in 1 905 the convention, set the minimum period of 50 years after the death of the creator. However, despite the relatively steep number of years, given many countries have often increased instead of making effort to reduce them and this trend eventually lead up to the latest EC duration.4 Nevertheless, there is serious doubt about whether this increase serves the interest of the public or is as advantageous to the owner of the work as the EC may want to allege5;6. According to the EC duration preamble, the reasons for the increase are categorized as legal, social political and economic issues; however, an objective examination of these reasons however is enough to prove otherwise. Despite the overtly logical basis on which they are grounded, none of them stand in the face of critical scrutiny. The core interest of this paper is to discuss in particular the 1993 change in which the copyright protection was extended and provides evidence through a critical examination of the reason given for the fact that the mover was ill guided, in a word, a mistake. Background The background of copyright can be traced back to the 18th century and although the rules by then were nowhere near the current ones in terms of latitude and legal requirements7, the have successfully set precedent for posterity which have led to the current laws. The first copyright statute was the statute of Ann and this is the first document that recognised the author and provided a limited term of copyright of 28 years, this was first enacted in the Donaldson and Becket case in 1774. In this case, copyright was established and the original laws were supposed to protect the investment by printers and publishers as opposed to those of the authors. In-fact it was only in the 19th century that their creative genius was recognised and the creation of works become author centred as opposed to publisher and printer centred.8 One of the landmarks in the history of the copyright law in the UK was

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