Copyright in Unpublished Works: 2039 and Orphan Works

Transitional provisions in the implementation of the Copyright, Designs and Patents Act (1988) made changes to the copyright protection to works which were unpublished at the time of the implementation of the Act. Those unpublished works will remain in copyright until 31 December 2039, rather than in perpetuity, as was previously the case. Following a consultation in late December 2014, the government has stated that they will not be making any changes to the legislation until further discussions take place. This article discusses the ways in which cultural and heritage institutions may make use of works subject to the 2039 rule, including both UK and European Orphan Works provisions, and considers the possible solutions for making the use of older 2039 works simpler.