What is extended and revived copyright?

When copyright terms were changed on 1 January 1996, the new terms were applied to many existing copyright works. All works that were still in copyright on 31 December 1995, and this includes works where copyright was about to expire, had copyright extended where the new rules on copyright terms gave a longer term. (In any cases where the new rules would have given a shorter term because of the rule on reciprocity with term in another country for works having their origin outside the European Economic Association (EEA), the old, longer term was preserved.)

Copyright had already expired on other existing works where some of the new, longer term still remained, and for these there was the possibility of copyright being revived to the end of the new term. Copyright was revived where a work was protected in another EEA state under that state's legislation relating to copyright and related rights. As Germany in particular had a longer copyright term than that in the UK for many works, this led to a number of works being brought back into copyright in the UK.

Where copyright has been revived, there are transitional provisions and savings for those who were exploiting or who want to exploit such a copyright work in the future:

• doing anything in pursuance of arrangements made before 1 January 1995 does not infringe revived copyright;
• issuing copies to the public made before 1 July 1995, which were made when copyright did not subsist, does not infringe revived copyright;
• anyone can use a work in which copyright has been revived as of right, subject only to payment of a reasonable royalty to the copyright owner (which can be determined by the Copyright Tribunal where there is no agreement); and
• doing something that would infringe copyright at a time where it is not possible by reasonable inquiry to ascertain the name and address of the copyright owner does not infringe revived copyright.

Details of these provisions can be found in statutory instrument 1995/3297 on the OPSI website.