Copyright Law in the UK
Copyright is an intellectual property right that protects the creator of a work. It gives the owner control over their work and stops others from using it without their permission. Copyright protection is given automatically and starts as soon as the work is created. Unlike a patent or trademark, you don’t need to register your work to ensure your rights are protected by copyright.
For a work to be protected by copyright it needs to be both original and tangible. In order to be considered original, it must be the product of an intellectual creation and should not just replicate the work of someone else. A work also needs to be tangible, not just an idea, but a specific expression of an idea.
The types of work protected by copyright are vast and varied. These include:
Original literary work, dramatic, musical and artistic work, graphics, and photography
Original non-literary written work, software, web content, and databases
Sound and music recordings
Film and television recordings
Broadcasts on television and radio
Ownership of a copyright work may depend on the circumstances under which the work was created, and such copyright can both belong to individuals and to a group of people. Where two or more people have created a single work protected by copyright and the contribution of each author is not distinct from that of the other, those people may be considered joint owners. A copyright work can also be made by an employee in the course of their employment. When this is the case the employer is the first owner of any copyright in the work (subject to any agreement to the contrary).
The copyright owner can decide to licence the use of their work. The licence is made between the copyright owner and the user. Use of a work is governed by its licence. Any licence may be time- or otherwise-limited, and it may cover one or more relevant rights. To negotiate agreements with users and collect royalties, a copyright owner can register a work with a licensing body, such as a collecting society. Joining CMOs and giving them permission to licence rights are copyright holders. Before releasing royalties, the CMO deducts administrative expenses from the licence price. They are managed by the owners of the rights as nonprofit organisations.
The copyright owner can also decide to sell or transfer his copyright. In order to do so, there will need to be a written contract stating that a transfer has taken place. However, a copyright owner might still have certain moral rights even when he sells or transfers a work. Moral rights in a work cannot be transferred or assigned.
There are some exceptions to copyright law that allow copies to be lawfully made for certain purposes. These include:
Limiting an individual's copying of works for private study or non-commercial research purposes.
Fair dealing for criticism, review, and reporting current events
Copies for disabled people when no accessible version is commercially available
Time shifting of television and radio broadcasts for personal use
Teaching
Parodies
Copyright protection can last up to 70 years after the death of the copyright owner. The duration differs depending on the type of work and whether it is published or not. When copyright expires, the work is in the public domain.
Because copyright is an automatic right, there are no forms to complete and no fees to pay. However, it is good practice to mark your work with the copyright symbol (©), your name. and the date it was created.
In addition to the economic rights mentioned above the copyright owner also has certain non-economic rights, known as moral rights. The moral rights are the right to be identified as the author of a work, the right to derogatory treatment affecting the reputation of the creator of copyright, and the right to object to changes made to a work. Only artistic, musical, dramatic, and literary works, film, and some performances are subject to moral rights. Normally, moral rights last for the same amount of time as the copyright itself.
Anyone who violates the exclusive rights of the copyright owner without permission violates copyright. The following are the primary acts of copyright infringement:
copying a copyrighted work
Distributing copies of the copyright work to the general public, whether free of charge or for sale
Renting or lending copies of a copyright work
Performing, showing. or playing a copyright work in public
Making an adaptation of a copyright work
Putting a copyright work on the Internet
When a copyright work is made available to the public in electronic form, the copyright owner may choose to adopt technological measures that make it impossible to make a copy of the work. In cases of copyright infringement, criminal offences may also apply to those who deal in the means to get around technological measures.
Protection of copyright work abroad will usually be automatic in the same way UK protection works. The UK is a member of several international conventions in the field of copyright, including the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Most countries belong to the Berne Convention and/or TRIPS, which is a World Trade Organisation (WTO) agreement. Copyright material created by UK nationals or residents and falling within the scope of one of these conventions is automatically protected in each member country of the convention by the national law of that country.
If you have any questions regarding the above, or if you have other concerns related to intellectual property regulation in the UK, do not hesitate to get in touch. We offer a FREE 30-minute consultation, so book today to see what First Steps Legal & Consulting can do for you and your business!
