In new guidance on changes that could occur in intellectual property (IP) law should the UK leave the EU without a deal next month, the Law Society has warned that broadcasters may have to obtain copyright permission in every EU country they intend on broadcasting in.
Currently, under EU Directive 93/83/EEC broadcasters can obtain a blanket broadcast right by obtaining copyright clearance solely in the member state where the broadcast signals are introduced.
However, the Law Society now warns that under a “no deal” Brexit, broadcasters based in the UK will no longer benefit from the rulings in this directive when providing services to EU customers and they should be aware that they will have to clear rights in all locations where the signal is broadcast to.
UK-based broadcasters are now being encouraged to check they have the correct rights needed to allow reception from outside the UK so as to avoid copyright infringement issues in locations classed as EEA member states.
The Law Society also notes that if the UK leaves the EU without a deal, registered EU trade marks and community designs will no longer have effect in the UK.
The government has previously claimed that it will provide registered EUTM and community design holders with the equivalent UK right but there are uncertainties for sectors such as the fashion industry which relies heavily on unregistered design right protection.
The Law Society has said it is still unclear whether disclosing a design in the UK first will result in a loss of protection in the EU and vice versa.
Law Society Presiden Christina Blacklaws said: “The law governing intellectual property is largely harmonised across the EU. Much of the legislation and case law stems directly from EU level law.
“The government has taken steps to try to minimise disruption for rights holders but they will still need to be alive to the pitfalls resulting from a no deal exit as the current reciprocal arrangements between the UK and EU27 from which we have benefited until now will come to an end if we go out without a deal.”