What happens when the copyright I own expires?
This guide explains what happens when copyright expires, what it means for you as a creator or rights-holder, and how you might prepare as your works approach the end of the copyright term.
When does copyright expire in the UK?
Copyright in artistic works generally lasts for the artist or creator’s lifetime until the end of the period of 70 years from the end of the calendar year in which the artist died.
There are some exceptions, such as engravings unpublished at the time of the artist or creator’s death, and for typographical arrangements (presentation or layout) of books, magazines, journals and other published print, copyright lasts for 25 years from the end of the year the edition was first published.
Find out more on how long copyright lasts in the UK
If you manage an estate or hold rights inherited from a deceased artist, it’s important to know the creator’s date of death, as this may determine when copyright will expire.
What happens when copyright expires?
When copyright expires, the work enters what is known as the “public domain”.
The term “public domain” refers to works that have effectively become public property and are no longer protected by copyright law.
Artistic works are only eligible for Artist’s Resale Right royalties if they are still protected by copyright. Once the copyright in a work expires, the work enters the public domain and Artist’s Resale Right royalties would no longer be due on qualifying sales of that work.
This means that when copyright comes to an end, both copyright licensing royalty collection and Artist’s Resale Right royalty collection stop at the same time.
How can works in the public domain be used?
Works in the public domain can be used without seeking anyone's permission and without incurring a copyright fee (unless other rights apply).
Other rights that may still apply
When copyright expires, the work enters the public domain and is no longer protected by copyright. However, other UK rights and laws may still apply in certain situations, such as:
- Copyright in photographs or scans – A photograph or digital reproduction of a public domain artwork may still be protected. Museums, archives and galleries may seek to control the use of their images of artworks in their collections in this way.
- Trade marks – An artist’s name, logo or branded elements may be protected as a trade mark. Trade mark protection is separate to copyright and so does not follow the copyright term.
- Privacy and data protection – If the work includes identifiable living individuals, privacy laws (including UK GDPR and the Data Protection Act 2018) may affect how the image can be used.
- Confidentiality – Private letters, diaries, sketchbooks or images made in private settings may be protected by confidentiality rules even after copyright has expired.
- Performers’ rights – If a work involves a recorded performance, performers’ rights may still apply to the recording, even though the underlying artwork is in the public domain.
- Contractual restrictions – Access to some images or reproductions may be subject to the institution or website’s terms of access or use, which continue to apply regardless of copyright status in a featured work.
These rights do not prevent the public from using the underlying work once copyright has expired, but they may affect how certain reproductions, recordings or contexts of use can be used in practice.
What rights do not continue?
Once copyright expires:
- Exclusive control over reproduction and licensing ends.
- Moral rights will also no longer apply. Find out more about moral rights here
- You can no longer enforce copyright restrictions or moral rights such as requiring attribution.
- Artist’s Resale Right royalties only apply to works that are still protected by copyright. Once the copyright in a work expires, Artist’s Resale Right royalties are no longer due on qualifying sales of that work.
- DACS can no longer license or collect royalties for the artwork on your behalf.
Find out more in-depth information on what happens when DACS membership ends.
What about the physical artwork?
Owning a physical artwork does not affect its copyright status. Even after copyright expires, owning the physical artwork does not give special control over reproductions of that artwork, other than under any potential contractual terms relating to access to the work.
What this means for artists, estates and rightsholders
For estates managing significant bodies of work, planning ahead for copyright expiry can help ensure that royalties are fully realised while rights are still in force. It can be beneficial to explore options for preserving an artist’s legacy, such as archiving, so that artworks continue to make a difference for people.
How DACS can help
DACS can support you during the period when your work is still protected by copyright - for example through DACS Licensing, DACS Artist’s Resale Right or DACS Payback services. If you’re a DACS Licensing or DACS Artist’s Resale Right member we can also help you understand your rights in copyright cases and protect your work through our free copyright advice service.
Once a work’s copyright has expired, DACS is no longer able to license or collect royalties for that work. However, our advice pages remain available to support you in understanding the broader context of copyright duration and legacy planning.
Disclaimer
The content of this article is not intended to apply to individual circumstances. It does not represent an exhaustive account. It does not constitute legal advice, it is not a substitute for independent legal advice and should not be relied upon as such. We strongly recommend you seek specialist advice for any specific circumstances.