My Label is a Work of Art. No it isn't....!

The usual period of protection which copyright owners can expect under the current legislation is the life of the author plus 70 years. But did you know that if the work in question is made by an industrial process and marketed (like the design of a label printed on a paint can) that that protection will be reduced to a mere 15 years, unless you can show that the label constitutes “printed matter primarily of a literary or artistic character” (amongst other exceptions) and this will depend on the facts of the case.

In a recent case before the High Court a brand owner was horrified to find that the copyright protection for the design of his paint can labelling was reduced at a stroke from over 100 years to 15 as the articles in question were printed on the cans and were not “printed matter” of “artistic character” as set out in the exception, as he had thought. 

The moral of the story is that brand owners (and particularly those working with products made by an industrial process) should not rely on copyright protection in preference to trademark registration if registration can be obtained.

If you require any further information about Intellectual Property or Media related issues, please contact our IP specialist, Lucy Morgan of Follett Stock either by email at lucy.morgan@follettstock.co.uk, or by telephone on 01872 241700 or any other member of our IP team.