Copyright rules
Andrew Thornett
Copyright law in the UK and USA shares many similarities due to international treaties like the Berne Convention, but there are key differences. Here's a concise comparison:
1. Automatic Protection
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UK: Copyright is automatic upon creation of an original work.
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USA: Also automatic, but registration with the U.S. Copyright Office is required to enforce rights in court and claim statutory damages.
2. Duration
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UK: Life of the author + 70 years (for most works).
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USA: Same for works by a known individual author, but for "works made for hire" and anonymous works: 95 years from publication or 120 years from creation, whichever is shorter.
3. Moral Rights
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UK: Strong moral rights (e.g., right to attribution, right to object to derogatory treatment).
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USA: Moral rights are very limited, mostly only apply to visual arts under the Visual Artists Rights Act (VARA).
4. Fair Use vs. Fair Dealing
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UK: Fair dealing – limited exceptions (e.g., criticism, review, news reporting, research).
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USA: Fair use – broader and more flexible, based on a four-factor test (purpose, nature, amount, market effect).
5. Formalities
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UK: No formalities required.
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USA: Registration and notice not required for copyright to exist, but strategically important for legal enforcement.
6. Government Works
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UK: Crown copyright applies; generally lasts 50 years from publication.
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USA: Federal government works are not copyrighted and are in the public domain.
Here's a breakdown of copyright renewal and how it differs between the USA and UK:
USA: Copyright Renewal
Copyright renewal was an important concept under the 1909 Copyright Act, which applied to works published before 1978.
For works published before Jan 1, 1978:
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Copyright term was:
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28 years initially, with the option to renew for another 28 years.
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Later laws (e.g. Sonny Bono Act 1998) extended the renewal term to 67 years, making a total of 95 years.
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Renewal filing was required during the 28th year to secure the extended term.
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Failure to renew meant the work entered the public domain.
For works after Jan 1, 1978:
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Under the 1976 Copyright Act (in effect from 1978), renewal is no longer required.
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Copyright lasts for:
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Life of the author + 70 years (for individual authors).
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Or 95/120 years for corporate/anonymous works.
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However, registration is still recommended to claim statutory damages or sue in federal court.
UK: No Copyright Renewal
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In the UK, there is no concept of renewal.
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Copyright is granted automatically and lasts for the entire term from the start:
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Life of the author + 70 years for most works.
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Once that term ends, the work enters the public domain.
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No filing, registration, or renewal is required or available.
Summary Table
| Feature | USA (Pre-1978) | USA (Post-1978) | UK |
|---|---|---|---|
| Renewal required? | Yes (during 28th year) | No | No |
| Term before renewal | 28 years | Life + 70 yrs / 95/120 yrs | Life + 70 years |
| Extended term (if renewed) | Originally +28, now +67 (total 95) | Not applicable | Not applicable |
| Risk of entering public domain early | Yes (if not renewed) | No | No |
The issue of digital works and digitisation of physical works intersects with copyright law in nuanced ways. Here’s how copyright and renewal rules affect both in the UK and USA:
1. Born-Digital Works
These are works created in digital form (e.g. ebooks, websites, software, digital images).
UK & USA (Post-1978 Works):
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No renewal required.
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Copyright protection applies from the moment of creation.
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Term:
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Life of the author + 70 years, or
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95/120 years for corporate/anonymous works (mainly USA).
Implications:
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Simply being digital doesn’t shorten or change the term.
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Uploading to the internet does not relinquish rights.
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Copying or sharing requires permission unless:
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A license is granted (e.g. Creative Commons), or
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It qualifies as fair use (USA) or fair dealing (UK).
2. Digitisation of Physical (Analogue) Works
This includes scanning books, photographs, newspapers, etc., into digital form.
Important Points:
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Digitisation does not create a new copyright unless the digital version involves creative input (e.g. restoration, editing, curation).
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The original work’s copyright still governs its use.
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Even if the physical copy is old, the copyright might still be in force.
USA:
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If the work was published before 1929, it is public domain (as of 2025).
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For works published 1929–1963, check if renewal was filed:
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If not renewed, it's in the public domain.
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If renewed, copyright may last 95 years from publication.
UK:
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If the author died before 1955, the work is in the public domain.
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There is no renewal process, so once the term ends, it's free to use.
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Some exceptions apply to unpublished or Crown works.
3. Libraries, Archives, and Educational Use
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UK: Libraries can digitise for preservation, but public access is restricted unless under fair dealing or copyright has expired.
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USA: Libraries can digitise under Section 108 (limited rights), or fair use for scholarly or preservation purposes.
4. Risk Factors
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Assuming something is public domain just because it’s old or online is risky.
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Many digitised collections (e.g. Google Books, Internet Archive) apply access controls unless the copyright status is confirmed.
Summary
| Action | USA | UK |
|---|---|---|
| Digitising old book | Legal if public domain or under fair use | Legal if public domain or fair dealing applies |
| Born-digital work | Protected from creation, no renewal needed | Same |
| Digitised version copyright? | Only if significant creative input | Same |
| Use of digitised work | Must respect original copyright | Same |
| Pre-1929 works | Public domain (as of 2025) | Use death date of author to confirm |
| Renewal affects digitisation? | Yes — only for 1929–1963 works | No — renewal doesn’t exist |
Whether a personal user can make a digital copy of a printed work for backup depends on whether the law allows this under copyright exceptions. Here's a breakdown for the UK and USA:
United Kingdom: "Private Copying" Exception
Status: Currently Not Allowed
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The UK briefly had a private copying exception (2014), allowing individuals to make personal backups of legally owned works.
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BUT: This exception was struck down by the High Court in 2015.
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The court ruled that it unfairly harmed copyright holders without compensation.
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Result: It is illegal to digitise or copy a printed book or CD for personal backup in the UK, even if you own it.
Exception:
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Fair dealing might apply for private study or research, but only short extracts, not whole works.
United States: "Fair Use" Doctrine
Status: Possibly Allowed (Case-Dependent)
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The USA has no explicit exception for personal backups, but fair use may apply in certain cases.
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Courts consider 4 factors:
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Purpose: Personal backup (non-commercial) weighs in favor.
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Nature of the work: Factual works more likely fair.
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Amount: Copying the entire work weakens the claim.
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Effect on market: If it doesn’t substitute for a sale or harm the market, that favors fair use.
Implication:
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You might be able to digitise a book for your own use under fair use, if you don’t share, distribute, or undermine sales.
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Still, not guaranteed—it’s a legal gray area unless tested in court.
Summary Table
| Action | UK Status | USA Status |
|---|---|---|
| Digitise printed book for backup | Not allowed (no private copy exception) | Possibly allowed (fair use dependent) |
| Conditions | None legal unless research extract | Must be for personal use only, no sharing |
| Legal certainty? | Clear: not allowed | Unclear: case-by-case basis |
If you’re digitising something like a user manual or out-of-print reference solely for personal research, enforcement is rare—but legally, the UK is stricter than the USA.