How Brexit will influence the UK copyright law?

Brexit has caused excitement not only in the hearts of population but also became the reason for the lively discussions of the UK IP perspectives. However, there are still no clear forecasts about the effect of this event on both UK law and the professional lives of rightholders, practitioners, academics, and artists.

Britains eurozone exit, short Brexit, on Blackboard
Brexit – (Prowle, 2016)

According to the Cambridge professor Lionel Bently (2016), the promised illusory freedom will make ‘UK copyright law
irrelevant on a global scale'(Rosati, 2016).

Kaye (2016) claims that this could change the way UK-made content is getting and to Europe and perceived by EU consumers. Because of Brexit, the UK will not have co much power in affecting law regulations and its reforms that may lead to unpleasant consequences for British filming and music industry. Probably, EU broadcasters will play fewer British movies, shows, and songs and set higher costs for UK citizens.

Rosati (2016) claims that EU action in the UK copyright area was beneficial. For instance, CJEU case law influenced the UK notion of originality and closed subject-matter categorisation envisaged by the Copyright, Designs and Patents Act. She also considers that the further improvements of UK Copyright law will not be possible without EU influence.

However, Saviddes (2016) believes that Brexit will not make much difference to the UK copyright law. He also discusses the additional freedom that Britain will have in making reforms of copyright dictated by continuous changes in digital technologies.

Thus, there are a lot of forecasts both positive and negative and now it is difficult to say exactly how Brexit will change the licensing of creative works in the UK. The only thing that can be argued at this moment is that the changes will occur.

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  • Vera

    Interesting topic! I had not thought so much about possible consequences Brexit might have for copyright before reading this article. In terms of digital assets from my point of view there will not be many changes where you will buy copyrights from. In my opinion companies do not necessarily care so much about where the asset is from. Moreover I wonder if copyright does not also depend on where you publish content e.g. you could be British but offer your assets on a US stock website. Anyways, I do not know what is going to happen and wonder if anyone actually knows. The solicitor company I am in contact with for my startup, however, seems to have become more busy after the referendum…

    • Veronika Lindorenko

      Thanks Vera for you comment! The copyright issues are really complex and I hope that British cultural workers won’t lose a lot because of unpredictable political changes.