UK design copyright bill comes into force

UK design copyright bill comes into force

News: a bill to extend copyright protection on industrial design from 25 years to the length of the author’s life plus 70 years has today become law in the UK.

The Enterprise and Regulatory Reform Bill, which also includes wide-ranging reforms to employment and shareholder rights, repeals section 52 of the Copyright, Designs & Patents Act 1988, which limited the terms of protection for mass-produced artistic works.

The changes to copyright law will give design the same terms of protection as books and music, extending rights over a design from the existing 25 years to the length of the author’s life plus an additional 70 years.

The legislation also allows for the commercial and noncommercial use of ‘orphan’ works – copyrighted designs for which the owner is unknown or untraceable – and the appointment of an authorising body to license this use.

Supporting the introduction of the bill last year, Sir Terence Conran said: “By protecting new designs more generously, we are encouraging more investment of time and talent in British design. That will lead to more manufacturing in Britain, and that in turn will lead to more jobs – which we desperately need right now. Properly protected design can help make the UK a profitable workshop again.”

In Milan this year, British designer Tom Dixon (whose much-copied Beat lamps are pictured above) told Dezeen that copying was becoming “an increasingly big problem” for his business, while Dutch designer Marcel Wanders agreed that “stealing most of the time is more cheap than buying”.

Not everyone in the design industry welcomes the new law, however. In a recent opinion column for Dezeen, architect Sam Jacob argued that the extension of copyright for design would “condemn us to mid-century modernism”. “Copyright’s expiration period creates dynamism in creative activity,” he noted. “The extension will mean there is less incentive to invest, to experiment and to develop new designs.”

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“Milan is a breeding ground for people who copy our products”

Dezeen and MINI World Tour: in this movie filmed in Milan earlier this month, leading designers and manufacturers discuss the phenomenon of copying and how they are responding. “It’s become an increasingly big problem for us,” says Tom Dixon. “People can steal ideas and produce them almost faster than we can now.”

“Milan is a breeding ground for people who copy our products”

“An original design product will have a cost higher than its copy,” says designer Marcel Wanders (above). “It’s very simple. Stealing most of the time is more cheap than buying.”

Unscrupulous manufacturers visit Milan to photograph new prototypes and then rush out copies before the original products reach the market, according to Casper Vissers (below), CEO of furniture and lighting brand Moooi.

“Milan is a breeding ground for people who copy our products”

“It’s very sour if you have presented a product in April and it’s in the shops in September, but a bloody copier has it already in August,” says Vissers, speaking at Moooi’s spectacular Unexpected Welcome show in Milan (below). “This is what happens at the moment.”

Vissers adds that legal action against copiers in Asia is expensive and, even if it’s successful in the short term, it does little to stem the tide: “You need huge amounts of money [to launch a law suit in the Far East] and if you win – if – a new limited company in China will start production [of copies]”.

“Milan is a breeding ground for people who copy our products”

Copiers are increasingly shameless about their intentions, says Tom Dixon, speaking at his presentation at MOST in Milan. “People feel very confident copying things. Some people come around with spy glasses photographing things but other people are more overt and come in with iPads or film crews.”

Dixon says the problem is getting worse, with markets around the world and even the UK market increasingly flooded with copies. “Everywhere we go in Australia or Singapore or India we’ll see many, many copies, and that’s also hitting more and more the UK as well.”

“Milan is a breeding ground for people who copy our products”

Gregg Buchbinder (above), CEO of furniture company Emeco, says the solution is for designers to push manufacturers to make more sophisticated products that are harder to copy. The furniture collection Emeco developed with designer Konstantin Grcic for the Parrish Art Museum on Long Island (below), for example, “was a very difficult project to do. Although the chair looks simple, there’s nothing skipped.”

“The more difficult it is, the more difficult it is for people to knock it off,” Buchbinder adds.

“Milan is a breeding ground for people who copy our products”

Emeco aggressively pursues copyists through the courts and earlier this year won a case against fellow US manufacturer Restoration Hardware, which had copied the iconic Navy chair.

But outside Europe and the US, copyright law is less robust and harder to enforce. “It’s very, very difficult to protect yourself legally,” says Dixon.

Dixon’s company is directly responding to the problem of copying by developing a range of new products designed to make life more difficult for counterfeiters.

“Milan is a breeding ground for people who copy our products”

“What you’ll see [at our Milan presentation] is a number of coping strategies,” Dixon explains. “We’ve been trying as much as possible to invest in tooling and slightly more advanced technology. We’re working on adaptive models where we make specific things for clients. A new bespoke division where we make things for people, so we adapt our products to suit a client’s needs. So there’s ways of dealing with it. We’ve just got to be faster and smarter.”

See all our stories about copying in design ».

“Milan is a breeding ground for people who copy our product”

Milan is the second stop on our Dezeen and MINI World Tour. See all our reports from our first destination, Cape Town. This movie features a MINI Cooper S Paceman.

The music featured is a track called Divisive by We Are Band, a UK-based electronic act who played at the MINI Paceman Garage in Milan on Friday. You can listen to the full track on Dezeen Music Project.

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“Retailers urged to support design copyright campaign” – The Guardian

Marks & Spencer (left) and Rachael Taylor

Dezeen Wire: The Guardian reports on a campaign to persuade high-street retailers to respect the intellectual property of independent designers following the case of English pattern designer Rachael Taylor, who last week spoke out after finding a product almost identical to her own on sale at Marks & Spencer (above and below; Taylor’s designs are on the right in both photos).

Marks & Spencer (left) and Rachael Taylor

The Commission It, Don’t Copy It campaign was launched in April by Anti-Copying in Design and has so far been supported by retailers John Lewis and Selfridges.

In May, the UK government announced changes to bring rights of designers into line with other creatives following a campaign to protect designers’ copyright initiated by Elle Deco editor Michelle Ogundehin to persuade retailers and industry to commission new products rather than copying existing ones.

See our interview with Michelle Ogundehin | See all our stories about Elle Deco’s anti-copying campaign

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