24 April 2025
British Film Institute (BFI) proposes changes to UK’s copyright laws to benefit screen archives
By Sean Waterman, Head of Intellectual Property
The UK Parliament’s Culture Media and Sport committee, the Commons select committee responsible for scrutinising the work of the Department for Media Culture and Sport has published a report on part two of its inquiry into the challenges faced by the British film and the high end television (HETV) industry (HETV relates to drama, comedy or documentary productions with core expenditure per hour of commissioned programme time of at least £1 million).
The purpose of the second inquiry was to continue to examine the attractiveness of the UK as a global destination for the production of film and HETV and ensure it has the skilled workforce it needs. It also looked at the ethical use of artificial intelligence in film making and the work of the BFI and other archives and collections in preserving and providing access to the UK’s moving image heritage.
The inquiry’s report included proposals by the BFI for targeted amendments to the Copyright, Designs and Patents Act 1988 (CPDA) that would remove barriers to public access to materials held in screen archives. These included:
Dedicated Terminals exception
Section 40 of the CPDA currently enables archives and libraries to make archival materials, including films, available for the public to view using dedicated terminals that are on their premises. However, the term on premises is not defined, leaving organisations unsure whether internet-connected devices are covered
Broadening the definition of ‘educational establishments’
Educational establishments currently benefit from copyright exceptions relating to the copying and non-commercial use of broadcasts. The BFI has proposed that the definition of educational establishments defined in section 174 of the CPDA is broadened to include libraries and heritage organisations so more visitors and staff can view recordings.
Abolishing the ‘2039 rule’
Currently under the CPDA, works published after 1stAugust 1989 that were created by authors who died before 1969 remain in copyright until 31st December 2039. The BFI recommended that the CPDA be amended to abolish the 2039 rule so that such works could be made available to the public.
A new copyright exception for the use of commercially unavailable works
Introducing a statutory copyright exception that would enable archives to use works in their collections that are no longer commercially available would reduce the burden of trying to trace rights holders.
Restoring the statutory exception for works with untraceable copyright holders (‘orphan works’)
Because of Brexit UK cultural institutions lost the use of the EU’s Orphan Works exception that allowed them to register orphan works and make them available to the public online. The report recommends that the UK Government introduce exceptions relating to orphan works.
The report backed the BFI’s proposals recommending: “The Government should introduce targeted copyright exemptions that allow for greater access to archive material without harming copyright holders. Those include adjusting legislation concerning ‘dedicated terminals’, broadening the definition of ‘educational establishments’, amending the ‘2039’ rule, and introducing exemptions for orphan works and commercially unavailable works.’’
If the UK Government were to implement the report’s recommendations for the introduction of targeted copyright exceptions it could be significant for archives and museums seeking to promote access to their collections whilst remaining compliant with UK copyright legislation.
Exceptions to copyright provide opportunities to use copyright protected works without the need to get permission from rights holders. However, they can only be used in specific contexts defined by the Copyright, Designs and Patents Act 1988, as amended and revised. Naomi Korn Associates’ course on Exceptions to Copyright (11 June 9:30am-1pm) will help you understand how and when copyright exceptions may be used.
Understanding the complex layers of copyright and other rights associated with audio visual works is vital for cultural institutions that hold archives of audio-visual works. Naomi Korn Associates’ Copyright and Audio-Visual Content course (18 June 9:30am-1pm) is perfect for participants who work with film and/or sound recordings. It is designed to help them learn more about how copyright relates to audio visual material.
Book either above courses today via Eventbrite (Exceptions to Copyright and Copyright and Audio-Visual Content), check our Eventbrite page for all course dates, or contact our Training Manager with any queries at info@naomikorn.com.