Copyright After a No-Deal Brexit

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From Plagiarism Today:

In June 2016, just a week after the original Brexit vote, I wrote about what Brexit means for copyright in the country.

However, at that time, there was a great deal of uncertainty about exactly how Brexit would unfold and what legislation might be passed before it came to fruition.

Since then, the UK and EU have more than two years trying to determine their future relationship and copyright has been just one small part of that relationship.

Unfortunately, with the deadline for withdrawal approaching, it’s safe to say that Brexit has not gone entirely as planned.

. . . .

[W]ith the no-deal Brexit looking more and more likely, it’s worth taking a moment to understand how this might impact creators and rightsholders both in the UK and EU.

The answer, as with most things related to a no-deal Brexit, is uncertain. However, there are some things that we can predict and they are things both rightsholders and users alike should be aware of and preparing for.

. . . .

[T]he UK and EU would both be bound by treaties that it signed prior to the UK joining the EU. With copyright, that includes most of the major framekwork treaties including the Berne Convention, which lays out many of the minimums for copyright internationally.

What this means is that there won’t be any broad holes in the UK copyright regime after a no-deal Brexit and that the term and scope of copyright will, for the most part, remain unchanged.

Even the parts of the EU law that are relevant will likely not change quickly or immediately. Under the EU Withdrawal Act of 2018, EU directives and regulations on copyright will be codified into UK law upon exit.

. . . .

None of this is to say that there will be no changes to copyright in the UK.

The reason for this is that, in the event of a no-deal Brexit, the UK will go from being a member of the EU to a legal stranger overnight. Elements of the EU copyright that apply to cross-border harmonizations will likely not, at least not initially.

Likewise, treaties that the UK joined through the EU will need to be re-ratified as the UK. This most prominently includes the Marrakesh Treaty, which creates copyright exemptions to enable access to copyright-protected works by those who are visually impaired or otherwise have limited usability with print media.

Link to the rest at Plagiarism Today

20 thoughts on “Copyright After a No-Deal Brexit”

  1. It’s none of my business, but I suggest that the Brits resolve the issues with Spain over Gibraltar before tackling the exit from the EU. I am not suggesting the Queen give the Rock back to Juan Carlos. But Spain can upend any Brexit deal unless Gibraltar is settled.

    • I suspect the UK might consider coughing up Gibraltar right after Spain coughs up Ceuta and Melilla. 😉

  2. I heard that without ties to the continent, the Isles will drift off and may end up off the coast of Brazil.

    Stop Brexit now, because no one wants to see a London full of palm trees and sunburnt Brits. The halls of Parliament will smell of sunscreen. The guards at Buckingham Palace will have to alter their uniforms into one with shorts, white socks, and sandals.

    But no matter what, one copyright will stand for now and for eternity: the Crown’s copyright for the Authorized Version (KJV) of the Bible. 400 years old and still under copyright…

  3. Those of you not in the UK probably couldn’t imagine in your wildest dreams the ridiculous claims being made about a no-deal brexit. Two of the best recent ones I’v seen are that we’ll be more likely to have affairs and more likely to have bits of satellite fall on our heads. The last one conjures up images of Chicken Little which is pretty much how our parliament is acting at the moment.

    Copyright will be fine. It’s not dependent on being in the EU.

    • Two of the best recent ones I’v seen are that we’ll be more likely to have affairs

      Do tell! 🙂 Sorry, I’m just trying to picture the sequence of events that makes affairs more likely with Brexit.

      • Once you become foreign, the EU sends in its corps of exotic European lovers, just to lure you back.

  4. It’s doubtful whether the current mob of shysters laughingly called a government will be allowed to get away with a cliff-edge ‘no deal’ Brexit, although it is now the default position if parliament doesn’t manage to wrest control back from an out-of -control executive within the next few weeks. Then copyright will be the very least of our worries. Brexit is already having devastating effects in other ways, with many companies moving to Europe, especially tech companies. There is also evidence that the Home Office and their ‘hostile environment’ to any kind of immigration is now adversely affecting the arts and sciences alike with people from outside the EU even being denied short term visas to attend festivals and conferences. Scotland, meanwhile, seems more and more detatched from what’s happening south of the border!

    • I suspect you and a great many others are becoming very tired of political drama, Catherine.

      Some in the United States believe that the parliamentary structure with the executive and legislative functions controlled by the same party(ies) is more efficient than the US model with separation of powers between the executive, legislative and judicial branches.

      Perhaps one lesson from Britain’s current struggles might be that, regardless of the system of government, politicians are capable of making a hash of things anywhere in the world.

      • PG, I think that’s one thing pretty much everyone of all political and philosophical persuasions can agree with.

    • although it is now the default position if parliament doesn’t manage to wrest control back from an out-of -control executive within the next few weeks.

      Didn’t the parliament vote 2 to 1 last week against the plan of the out of control executive?

      • Didn’t the parliament vote 2 to 1 last week against the plan of the out of control executive?

        They did, and such a defeat is unprecedented in our parliament, but that’s a long way from “wresting back control.” Almost every MP (member of parliament) agrees that leaving without a deal would be a disaster, but there doesn’t seem to be a majority for any of the better options. I’m just waiting to see who blinks first…

        • “Almost every MP (member of parliament) agrees that leaving without a deal would be a disaster, …”

          But not enough of them agree to any one plan that could then be voted into place.

          Which is why a ship has only one captain. Said captain may make the wrong choice, but at least they don’t wait for the peanut gallery to fret about things before deciding which way to turn.

        • The stumbling block seems to be a border issue about walls, physical or virtual. Those kinds of impasse typically involve some pretty deep heel digging.

          • It being the Eire / United Kingdom border that is the subject of the dispute – they’re going to need dynamite and backhoes to uproot those heels. My distant kinsmen are correctly known as the world’s premiere heel-diggers.

            So long as the “dynamite” remains a metaphor this go-round, I think that it will eventually resolve.

        • Almost every MP (member of parliament) agrees that leaving without a deal would be a disaster,

          I suppose the only people whose opinions I value less than members of Parliament are members of the US Congress.

    • I have great hopes for the British people – but not a great deal of optimism.

      Even a “hard” Brexit will simply (as of now) trade a German nanny in for a British nanny. Marginally better, I suppose, being that the nannies will have to live with at least some of the consequences of their policies, but still deadly for any kind of economic or social revival.

      • If the British people want economic or social revival, will they have a better chance under a German or British nanny? Will it be easier to depose or curb a German or British nanny?

    • Elections/votes have consequences. You can’t pick and choose which votes to deem legitimate, as much as you would like to. Stockholm Syndrome en masse.

  5. What this means is that there won’t be any broad holes in the UK copyright regime after a no-deal Brexit and that the term and scope of copyright will, for the most part, remain unchanged.

    Yeah, that’s what I thought before I skimmed the article. The whole article can be condensed to “No worries.”

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