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ARTICLE · 02 MAY 2018

Brexit And Copyright Law

Reed Smith (Worldwide)
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At the end of March the European Commission issued a "Notice to Stakeholders. Withdrawal of the United Kingdom and EU Rules in the Field of Copyright." ....

European UnionIntellectual Property
Stephen Edwards
Stephen Edwards
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At the end of March the European Commission issued a "Notice to Stakeholders. Withdrawal of the United Kingdom and EU Rules in the Field of Copyright." It is a helpful but notably incomplete summary of the legal repercussions of Brexit on copyright law in the UK and EU.

In what ways is the Notice incomplete?

  • It assumes that as from the withdrawal date, 30 March 2019, EU rules in the field of copyright will no longer apply in the United Kingdom. That is unlikely to be the case, because the European Union (Withdrawal) Bill now being debated in Parliament provides that on and after that date EU-derived UK legislation will continue to have effect and direct EU legislation (for example, an EU Regulation) will continue to form part of UK law. Moreover, some EU rules have been embedded in UK legislation in ways that mean they will be unaffected by Brexit.

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