The publication right
This right is equivalent to copyright and extends protection to certain unpublished art works that are published for the first time after the work’s copyright protection has expired. It allows anyone to share work not widely known of before, while protecting use of the art work by other people for 25 years.
About the right
The Publication Right came into effect in UK from 1 December 1996, through the Copyright and Related Rights Regulations 1996, in compliance with a European directive. The right also applies throughout the European Economic Area (EEA).
Works the right applies to
The publication right applies to an artistic work which:
- was at one time protected by copyright, but this has now expired
and - has never been published anywhere before: that is, has not made available to the public by any means (this does not include publications not authorised by the copyright owner)
Further criteria
Works only qualify for the Publication Right if they were first published in the European Economic Area (EEA) and the publisher of the work, or at least 1 joint publisher, is at the time of first publication a national of an EEA state.
This contrasts with the usual rule in copyright, where qualification may be on the grounds of either nationality or place of first publication.
Who can have this right?
The right automatically belongs to the person who publishes a previously unpublished work for the first time after its copyright protection has expired.
There’s no requirement for registration.
How long it lasts
When you obtain the Publication Right, the work’s copyright is protected for 25 years, starting from the end of the calendar year of first publication.
So, if the work was published in April 2024, it’s protected until 2050.
Disclaimer
The content of this article is not intended to be applied to individual circumstances. It is not legal advice, and is not a substitute for independent legal advice.