United Kingdom

Last update: March, 2020

Given the UK’s forthcoming departure from the EU, there is no indication in the short term that the Government intends to amend the legislation referred to in Section 4. However, this cannot be ruled out in the medium to long term.

The UK has no written constitution, depending instead on the body of case law. There is no over-arching legislative legislation governing culture. The Human Rights Act 1998, which came into force in the UK in 2000, sets out the fundamental rights and freedoms that everyone is entitled to, including Article 10 on Freedom of Expression. Following the closure of some controversial or challenging exhibitions and productions in the UK, Index on Censorship and Vivarta published a series of legal guidance on freedom of expression for artists, artistic directors, cultural organisations and venues planning to present or exhibit potentially controversial work. These include legal regulations on public order, obscene publications, child protection and counter terrorism.

Last update: March, 2020

The UK Government in regard to England and the Welsh Government (and devolved administrations in Scotland and Northern Ireland) traditionally funds the arts and culture through an arm's-length principle whereby the government sets an overall funding figure and indicates priorities but, in the main, does not interfere with how funds are distributed. Such intermediary bodies have been established through legislation and/or Royal Charter. Ministers have a certain degree of discretion in relation to the distribution of funds, for example in relation to requiring structural or organisational change to / within the arm's length agencies they fund, imposing limits on how much is spent on administration or setting specific objectives and targets for such bodies to meet. 

Local authorities in England and Wales are legally obliged to support library provision, but legal powers to support arts, museums and other cultural areas is permissive. As such it will depend on local political will and available resources.

The National Lottery in the UK is centrally administered and controlled through Parliament, via the Department of Digital, Culture, Media and Sport, by an appointed Lottery Commission. Its legislative base was established through the National Lottery Acts of 1993, 1998, 2004 and 2006. 

Last update: March, 2020

There are no specific social security measures governing the cultural sector.

Last update: March, 2020

There are a number of schemes to encourage public-private partnerships using tax relief. For example, if a business temporarily seconds an employee to a charity or educational establishment, such as an arts organisation, the salary cost and other expenses which the employer would normally continue to pay will still be tax deductible. 

Theatre tax relief was introduced in 2014 enabling theatre producing organisations (who must be registered companies) to claim back up to 25% of their production costs for new theatrical presentations. Theatre tax relief amounted to GB£ 78 million in 2018/19. Similar tax relief schemes have been introduced by government for orchestras (defined as any orchestra with 12 or more instrumentalists) since 2016 and, since 2017/18, for museums and galleries wanting to research and curate new exhibitions and display their collections to broader audiences. Video game development has also been eligible for tax relief since 2014. The tax relief enables eligible organisations to deduct an additional percentage of qualifying expenditure when calculating costs for tax purposes.

A revised tax credit scheme for film was introduced under the Finance Act 2006. To qualify for tax relief a film needs to be: made by a UK film production company; intended for theatrical release; pass the revised Schedule 1 to the Films Act 1985 (the cultural test for British films), or be made under one of the UK's film co-production treaties, and have at least 25% of its budget incurred on UK expenditure. To pass the cultural test, a film maker needs to demonstrate that the project will have "British qualities" across four categories: A) Cultural content (setting, characters); B) Cultural contribution (heritage, diversity); C) Cultural hubs (photography, post-production); and D) Cultural practitioners (director, actors). If all these criteria are met the film is eligible for tax relief. British films costing GB£ 20 million or less are eligible for an additional tax deduction of 100% of qualifying UK expenditure and to surrender losses in exchange for a cash payment of 25%, amounting to a benefit worth at least 20% of qualifying production costs. Other British films will receive an additional deduction of 80% of qualifying UK expenditure and will be able to surrender losses in exchange for a cash payment of 20%, amounting to a benefit worth typically 16% of qualifying production costs. Film Tax Relief is offered on UK expenditure only. The definition of UK expenditure is ‘expenditure on goods or services that are used or consumed in the UK’. Once a film is certified, relief is claimed by a company submitting its tax return. 

The British Film Institute Statistical Yearbook 2018 revealed that tax relief had benefitted the audiovisual sector (including film, high-end TV and video games) significantly. It indicated that in 2016 GB£ 632 million in tax relief seeded GB£ 3.16 billion in direct production spending and the generation of 137,000 full-time equivalent jobs. Since it was first introduced in 2007 film tax relief had supported GB£ 11.6 billion investment in 1,680 British films in the period up to and including 2017 and the film sector secured GB£ 1.2 billion in tax relief.

The Acceptance in Lieu scheme, operating since 1947, allows a person who is liable to pay inheritance tax, capital transfer tax or estate duty to settle part or all of the debt by disposing of a work of art or other object to the Board of Inland Revenue for public ownership. To qualify for exemption, an object must be of national, scientific, historic or architectural interest. These are often antiques, works of art etc and also archives. It is managed on behalf of the government by Arts Council England. Individuals offering objects under the Acceptance in Lieu Scheme have a legal right to remain anonymous; few choose to be named.

The printed book sector is specially treated for VAT purposes, being zero rated, as are some artist's supplies. Publications in digital format are subject to 20% VAT, but the new Government has indicted this will be abolished at the end of 2020. Since a European Court of Justice ruling in 2002, bodies administered on an "essentially voluntary" basis have been exempt from paying tax on admission charges – including theatres, museums, heritage and other cultural organisations. 

Inland Revenue has ruled that grants and awards to artists are taxable. Creative people, such as writers, composers and playwrights, can arrange with the Inland Revenue authorities to have their tax spread over a period of years if they can demonstrate that their income fluctuates significantly as a result of spending more time some years on the creative process when their income is lower than normal. However, the Inland Revenue does regard "buying time" bursaries as tax free. 

Since 2000, and under the provisions of the Gift Aid Act 1989, non-profit cultural organisations registered as charities could claim Gift Aid tax relief on donations worth an extra 5 pence for each GB£ 1 donated. Higher rate tax payers can claim the difference between the lower rate tax claimed by the recipient charity through Gift Aid and the higher rate tax they have actually paid. 

Last update: March, 2020

Artists fall within the general body of case law in this area. 

The Health and Safety at Work Act 1974 and related legislation places duties on employers, self-employed persons and those in charge of premises. Employers must ensure the health, safety and welfare of employees without exposing others to risks. Employers have a responsibility to work carefully and comply with their legal duties. Self-employed people have duties to ensure they undertake their work safely and their activities do not pose risks to themselves or others, while those in charge of cultural venues have to ensure those engaged on the premises, but not employed by them, can operate in a safe environment. The Health & Safety Executive (HSE) has produced safety guidelines specific to sectors such as theatre, and guidance is also available from the Association of British Theatre Technicians. A viola player who suffered permanent loss of hearing after sitting in front of the brass section in the orchestra pit of the Royal Opera House during Wagner’s Ring Cycle in 2012 was successful in his subsequent legal action against the Royal Opera House for this ending his professional career. Judges found that the Opera House was in breach of the Control of Noise at Work Regulation 2005 and, in 2017, dismissed claims by the Association of British Orchestras and Society of London Theatre that the earlier ruling threatened not only the Royal Opera House repertoire but also music making generally. 

Since 2018 all employers have been required to have work-based pension schemes and to contribute a minimum of 2%, which was increased to 3% in April 2019 (employees must contribute at least 5% now). Consequently, the new rules obliged smaller cultural organisations to introduce pension schemes which previously many had not provided. 

Under the Children and Young Persons Act 1963, a licence must be obtained before a child can take part in certain types of performances and activities in England and Wales. The Children Performances and Activities (England) Regulations 2014 streamlined and simplified the regulations governing the obligations of those presenting performances with children (e.g. live theatre productions where a charge for admission is made or where a ticket is sold, live broadcasts including internet streaming, recorded performances for film or sound, sport events and modelling etc.) Similar regulations were agreed for Wales in 2015.

The Equality Act 2010 made it illegal to discriminate, directly or indirectly, in employment on grounds of age, race, sex, disability, sexual orientations, gender reassignment, religion or belief. Every company must have an equal opportunities policy.

As a result of an employment tribunal ruling in 2019, self-employed music teachers working in schools are expected to be treated like other workers and thus benefit from minimum wage guarantees, holiday pay and other employment benefits (see also chapter 5.2.). In another employment tribunal decision in 2019 arts educators working at the National Gallery in London were adjudged to be workers and not self-employed as the Gallery had contended. This followed a decision by the Gallery to cancel prevailing agreements with the educators and invite them to apply for new contracts that were considered to be less beneficial by the educators. The Gallery is considering the implications of the decision.

According to a survey of Arts Pay 2018 conducted by Arts Professional, the sector is characterised by long unpaid hours. Workers on temporary and freelance contracts appear to be worst affected, but senior staff in small cultural organisations are also adversely affected according to the same research. Inevitably, this has raised questions about the sustainability of careers in the arts, especially for employees with domestic and other commitments. Moreover, with budgets tighter due to austerity, some organisations have been filling vacancies for permanent staff with freelance workers, interns or volunteers. A report from the Sutton Trust in 2018 revealed the 86% of internships were unpaid (see chapter 5.5.)

Last update: March, 2020

Original literary, dramatic, musical or artistic works (including computer programmes and databases), films, sound recordings, cable programmes, broadcasts and the typographical arrangement of published editions are automatically protected by copyright in the UK if they meet the legal requirements for protection. In general terms, copyright protection may also be given to works first published in (or, in the case of a broadcast or cable programmes, made in or sent from) EU member states, or from countries party to international copyright conventions, the World Trade Organisation, or reciprocal agreements. 

Historically, copyright legislation in the UK has differed from some of mainland Europe by its greater emphasis on the "property" owner rather than the original creator. However, the adoption of legislation over the years, not least EU Directives, has been changing this. The copyright owner has rights against unauthorised reproduction, public performance, exhibitions, broadcasting, rental and lending to the public and adaptation of his or her work; and against importing, possessing, dealing with or providing means for unauthorised copies. In most cases the author is the first owner of the copyright, and the term of copyright in literary, dramatic, musical and artistic works, photographs, digital images, etc. is generally the life of the author and a period of 70 years from the year in which he or she dies. For films, the term is generally 70 years and sound recordings and broadcasts are protected for 50 years. 

The Digital Britain report of 2009 suggested that the UK should become a ‘global centre for the creative industries in the digital age'. According to the report, key issues for the creative sector include support for content, intellectual property and the problem of internet piracy. To combat illegal downloading the intention is to create a clearer legal framework that establishes a payment-based model, and enables rights holders to pursue transgressions in the courts. 

The Digital Economy Act 2017 is wide ranging in scope and includes provision for the electronic communications infrastructure and services, the protection of intellectual property and registered designs, and data sharing. It also confers powers to create an offence for breaking rules on internet and other ticket sales (i.e. secondary ticketing).

Droit de Suite (artist's resale rights) was implemented into UK law in 2006. It was extended to the heirs and estates of deceased artists in 2012 (see chapter 4.2.4). 

Since 1982, the Public Lending Right Scheme (PLR) has given registered authors, illustrators, translators, editors and photographers royalties from a central government fund for the loans made of their books from public libraries in the UK. Payment is made according to the number of times that author's books are borrowed based on a sample survey (the rate per loan is 8.52 pence). Currently, over 22,000 individuals receive payments for PLR. The maximum an author can receive per year is GB£ 6,600. The scheme is administered by the British Library and from 2020 e-books and e-audio loans will be included.

The Copyright (Visually Impaired Persons) Act 2002 benefits visually impaired people who have difficulty accessing copyright material in the form in which it is published. Subject to certain conditions, they are able to make single accessible copies of copyright material, such as books, newspapers and instruction manuals, for their personal use without seeking permission from the copyright owners. 

There are two types of design rights: the registered design right introduced by the Registered Designs Act 1949 and the unregistered design right introduced by the Copyright, Designs and Patents Act 1988. The former right provides up to 25 years protection, while the unregistered design right protects the shape of a three-dimensional design and the duration is limited to 10 years after it was first sold or 15 years after it was first created (whichever is the earliest). Some updating to registered design provision was made in the Digital Economy Act 2017.

Royalties from copyrighted work are an important generator of income for the UK, e.g. in 2018 it generated GB£ 746 million, an increase of 4.4% on 2017. GB£ 280 million of this figure was collected through reciprocal arrangements with collecting societies worldwide. Licensing bodies and collecting management organisations (CMOs) can agree licenses with users and collect royalties on behalf of users. The Collective Management of Copyright (EU Directive) Regulations 2016 govern the conduct of CMOs. In England and Wales (and the UK as a whole) there are one or more collecting societies for each of the arts and films sectors. These include:

• Performing Rights Society for Music (PRSS): manages the rights of composers, songwriters and publishers.
• Phonographic Performance Ltd (PPL): manages the rights of record producers and performers.
• British Equity Collecting Society (BECS): is a CMO that collects revenue from the collective administration of its members’ (performers’) rights.
• Authors Licensing and Collecting Society (ALCS): distributes royalties to its members.
• Publishers’ Licensing Services (PLS): distributes royalties to publishers.
• Design and Artists’ Copyright Service (DACS): manages the licensing of visual artworks for uses such as print and online publications, broadcasts, etc.
• Copyright Licensing Agency (CLA): licenses on behalf of ACLS, PLS and DACS above (as well as the Picture Collecting Society for Effective Licensing).
• Artists Collecting Society (ALS): deals with the collection of artists’ resale rights and copyright on behalf of artists and/or their estates.
• Picture Industry Collecting Society for Effective Licensing (PICSEL): can represent visual works rights holders who license their work with a view to securing secondary rights.
• Mechanical Copyright Protection Society (MCPS): manages mechanical reproduction, distribution, import and synchronisation rights on behalf of music producers and songwriters.
• CreaCollect: grants licences for live performances, online streaming, mechanical reproduction, TV and radio broadcasting.
• Motion Picture Licensing Corporation (MPLC): issues licenses worldwide if the intention is to show one of its member’s films in a public forum.

The long-term impact of Brexit on the UK’s framework for intellectual property protection and registration is uncertain.

Last update: March, 2020

The Data Protection Act 1998 was designed to ensure the fair and lawful processing of the personal data of living individuals and updated previous legislation. It obliges organisations to provide a reasonable degree of confidentiality for information about people, and to respect their privacy. The General Data Protection Regulation, which came into force in May 2018, requires cultural organisations to maintain records of customers who have consented to be contacted with marketing information and what they were advised would happen to their data.

Archives and records are essential for freedom of information and data protection and legislation provides opportunities for improving record keeping by public bodies. Data protection legislation is UK-wide, while freedom of information legislation is devolved to Scotland, but not in Wales. 

Last update: March, 2020

Specific legal provisions for the use of indigenous or foreign languages in the culture industries exist in Wales, where the grant-aided Welsh Fourth Channel Authority was established by the Broadcasting Act 1980 to provide a Welsh language television service. The 2003 Communications Act also introduced amendments to the Welsh Authority's public service remit, but retained the provision of Welsh language broadcasting as its core. A White Paper published by the Welsh Government in 2017 put forward proposals for a Welsh Language Bill (see chapter 2.5.4). 

Last update: March, 2020

The Freedom of Information Act (FOI) enables anyone to request information from a public authority which has functions in England and Wales. The Act provides a general right of access to information held by the authorities and obliges all public bodies, including government departments, Arts Councils and public culture services to disclose information within 20 working days of a request, providing there is no specific exemption. However, in 2019 the Information Commissioner called on Parliament to take action to close a loophole in transparency in the legislation that is allowing some local authority cultural services that are contracted out to private bodies to be exempt from public information requests. There are no requirements of residence, domicile or citizenship in order for a person (which can include a company) to be entitled to make a request. 

The Charities Act 2006 made the Charity Commission responsible for assessing the public benefit of charities and ensuring they are “charitable”. Charities need to prove that all their activities conform to the principle of “providing public benefit” and have to register with evidence of this. If charities (including arts companies) are found to be failing in the delivery of public benefit, the Commission is empowered to enforce change, even as far as directing organisations’ assets towards charitable purposes.

The Equality Act 2010 legislated against discrimination in a range of areas (see chapter 4.1.5).

The Disability Discrimination Act (DDA), introduced in 1997, is designed to protect disabled people from discrimination in areas such as gaining physical access to premises, as well as legislation to ensure equal access to employment. Extensive legal guidelines came into force in May 2004 to ensure that new and existing non-domestic buildings are designed to be accessible to, and useable by, people with mobility and sensory impairments. 

The Trade Marks Act 1994 (as amended) covers the registration and protection of registered trademarks in the UK.

Regulations banning smoking in premises that serve food to the public are in force. 

There are several laws that cover the sale of cultural goods: the Sale of Goods Act 1979, the Trade Description's Act 1968, the Consumer Protection Act 1987 and the Supply of Goods and Services Act 1982. 

Other legislation that may impact on culture includes the Criminal Justice Act 1994 that also extended to film and video censorship.

When renting or managing studios where artists are working, there are many other regulations apart from the Health and Safety at Work Act (see chapter 4.1.5.) that need to be observed (such as the Building Regulations Act 1976 and the Fire Precautions Act 1971) in addition to insurance, leasing and contracting obligations. Many studio complexes will not insure the personal or creative contents of each individual studio, thus this becomes the responsibility of the renting artist. The Occupiers Liability Act 1957 specifies that the building or construction where art is displayed must have the correct insurance cover against fire, theft and flood; that any artworks are insured against theft, loss or damage and that the safety of audiences or visitors is safeguarded. Artists often find they have to take out their own exhibition insurance where owners or administrators of premises do not.

Last update: March, 2020

There is no overall legislative framework governing culture. There is a range of legislation relating to governance and finance, much of it sector specific. Other legislation includes the Health and Safety at Work Act 1974 (HASWA) that applies to everyone at a place of work, including theatres, concert halls, museums and artists' studios and governs the conditions in which employees work (see chapter 4.1.5). 

Last update: March, 2020

Statutory controls exist to protect historic buildings and monuments when this is considered to be in the public interest. The Museums Act 1845 empowered borough councils of at least 10,000 inhabitants to levy a half penny on the local rates to provide public museums. The National Heritage Act 1983 clarified the administration of heritage and established English Heritage. Buildings of special architectural or historic significance (including occupied premises) are "listed" according to specific grades of importance by the relevant government departments or their appointed agencies in all four countries of the UK. Government departments are also responsible for compiling a schedule of ancient monuments, which offers a similar level of protection to that of "listed" buildings. Local planning authorities in England and Wales are legally obliged to designate as "conservation" areas those places (as opposed to buildings) of special historic or architectural interest. 

Licenses are required to export national treasure purchased (generally in auction) from the UK and may be temporarily deferred by the Department of Digital, Culture, Media and Sport. An advisory panel, the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) decides whether an object is of exceptional cultural and historic value and a six-month period is allowed for sufficient funds to be raised by museums, galleries and other institutions (often through public appeal) to keep the works in the UK. Arts Council England provides the secretariat for the RCEWA. However, research by the ‘I’newspaper (reported on 2 February 2019) suggests that almost GB£ 500 million of national treasures have been lost to the UK in the past decade, because matching funds could not be raised in time from the public or museum and gallery budgets.

In 2019 Member of the UK Parliament indicated their support for the Holocaust Return of Cultural Objects (Amendment) Bill, which seeks to consolidate 2009 legislation allowing museums and libraries to return items lost, stolen or seized during the Holocaust.

The Dealing in Cultural Objects (Offences) Act 2003 makes it an offence to acquire, dispose of, import or export illicit or “tainted” cultural objects.

Last update: March, 2020

The Theatres Act 1968 abolished the role of the Lord Chamberlain and censorship of theatre scripts. Obscene performances are still prohibited and those concerned may be liable to prosecution by the Civil Authority if the words and action of a play constitute a criminal offence (e.g. obscenity, incitement to racial hatred, or provocation likely to lead to a breach of the peace). They may also be liable to a civil action for defamation. The Licensing Act 2003, which came into force in England and Wales in November 2005, brought together six licensing regimes for premises which provide regulated entertainment, and dispense alcohol or late-night refreshment. The 2003 Act also removed outdated anomalies, restrictions and exemptions (it repealed the Sunday Observance Act, the Sunday Entertainment Act, Sunday Theatres Act and a number of sections in the Theatres Act 1968). Subsequently, the Licensing Act 2003 (Descriptors of Entertainment Amendment) Order 2013 removed the need for entertainment licenses between 8:00am and 11:00pm for performances of plays and dance where audiences were limited to 500.

The 2003 Act ended the "two in a bar rule", which allowed licensed premises (such as pubs) to put on up to two entertainers all night without the need for a licence. The Government at the time believed this rule in practice created a disincentive for venues to put on acts involving more than two people, but also failed to protect local residents from noise nuisance. Any performance which mixes live and recorded music requires a licence, regardless of numbers of performers. 

Last update: March, 2020

Artists in the UK receive "Artists' Resale Rights" by which they benefit from a proportion of the profits made when their works are resold through an auction house or art market professional. In 2001 the EU adopted a Directive that all Member states introduce this right into their domestic laws by 2006. Though generally opposed by UK based auction houses, the UK Parliament eventually legislated to give living artists this right and, by 2012, the right was extended to the estates of artists who have died within the previous 70 years. 

Last update: March, 2020

The Public Libraries Act 1850 empowered local authorities in England and Wales to provide a free library service on a discretionary basis, but support from philanthropists and wealthy entrepreneurs was the key to the development of the public library system up until 1919 when financial restrictions were abolished. The Public Libraries and Museums Act 1964 enabled local authorities to offer non-book material for loan through public libraries and made library provision mandatory. The Public Lending Right Act 1979 established the right for authors to be remunerated for loans made of their books through the public library system (see chapter 4.1.6). The Obscene Publications Act 1959 relaxed censorship laws. 

Under the Legal Deposit Libraries Act, the person publishing work in print (including books, pamphlets, newspapers, magazines, music, maps etc.) is responsible for delivering copies to the official deposit libraries in the UK. 

There are no fixed book pricing policies. A voluntary Net Book Agreement on prices between publishers and retail outlets was abandoned.

Last update: March, 2020

Legislation for the cinema industry in the United Kingdom goes back to 1909, when the Cinematograph Act was passed providing for the licensing of exhibition premises and safety of audiences. The emphasis on safety has been maintained through the years in other enactments, such as the Celluloid and Cinematograph Film Act 1922, Cinematograph Act 1952 and the Fire Precautions Act 1971 - the two latter having been consolidated in a key piece of legislation, the Cinemas Act 1985, which amended earlier legislation regulating the opening and use of cinema premises on Sundays. 

The British Film Institute Act 1949 allows for grants of money from Parliament to be made to the Institute. All films intended for public viewing are subject to prior consideration by the British Board of Film Classification (BBFC) to check no criminal offence has been committed in the content. Guidance is given on the suitability of films for children. Although local authorities are ultimately responsible for film licensing they rarely ignore the BBCF’s recommendations.

The Video Recordings Act 1984 controls the distribution of video recordings with the aim of restricting the depiction or simulation of human sexual activity and gross violence taking into account the potential for under-age viewing and whether content is suitable for watching at home.

The Communications Act 2004 established the Office of Communications (Ofcom) as the independent media regulatory body, replacing five existing regulators – the Broadcasting Standards Commission, the Independent Television Commission, Oftel, the Radio Authority and the Radiocommunications Agency. Ofcom answers to the UK Parliament. Its task is to ensure that commercial television and radio, telecommunications networks and wireless and satellite services operate, compete and develop in the greater public interest. Ofcom also has a number of powers in relation to BBC television and radio and advises the Secretary of State for Digital, Culture, Media and Sport on proposed newspaper mergers. 

Independent production quotas have been statutorily imposed in relation to the UK's terrestrial and public service broadcasters. The Broadcasting Act 1990 requires the BBC, the ITV companies, Channel 4 and Channel 5 to devote at least 25% of their qualifying programming time to broadcasting a range and diversity of independent productions. Article 4 of the EU Broadcasting Directive Television Without Frontiers (TVWF), implemented by the UK through the Broadcasting Acts 1990 and 1996, requires Member States to ensure that broadcasters within their jurisdiction reserve a majority proportion of their qualifying transmission time for European works. Additionally, under Article 5, at least 10% of their transmission time was to be earmarked for European independent works. The Audiovisual Media Services Directive 2007 (AVMS) updates the former TVWF Directive, in particular by extending its scope to include video on demand (VOD) services. Although such legislation is to beabsorbed initially into UK law, it is not known whether it be retained in the longer term after the UK leaves the EU.

The Children (Performances and Activities) England Regulations and its equivalent in Wales govern children appearing in film and TV (see chapter 4.1.5).

Last update: March, 2020

In the design field the protection of copyright is of prime concern. The Registered Designs Act 1949 is the law for registration of designs, incorporating some revisions since the Regulatory Reform (Registered Designs) Order came into force in 2006. Key provisions of the 1949 Act are briefly indicated in chapter 4.1.6.

Original drawings and other graphic works are protected as artistic works under the Copyright, Designs and Patent Act 1988. In fashion the garment itself will also be protected if it qualifies as a work of artistic craftsmanship. If it doesn’t qualify this way, it will be protected (if an original work) under the Act by the design right, which lasts for 10 years (with up to a further five years to cover previous research and development). Textile designs are protected by copyright as artistic works in relation to the original drawing and as surface decoration on the finished work.

The use of children in fashion modelling is governed by the Children Performances and Activities (England) Regulations 2014 (in Wales regulations came a year later).