Q. What is a Copyright?
Copyright is a legal right which protects the many different types of creative works, wuch as books, paintings, songs, sound recordings, databases, computer programs and more. It gives the owner the option to sue, in Court, a party who copies their work without authorisation. If such a Court action is successful, the copyright owner may be granted, for example, damages and/or a Court Order requiring the other party to stop using the copyright work. Copyright is also a property right that can be bought and sold and also licensed, and can therefore be a valuable asset for your or your company.
Q. How do I obtain Copyright?
Copyright automatically arises as soon as you record your copyright work in some tangible form. There is no need to register copyright, though some countries, such as the USa and China, do have systems for registration. It is very important, though to record the various stages of creation of your copyright work though, including recording of dates and manner of creation, to provide proof that you created the work should ownership be disputed at a later date. You may also wish to consider registering your work with a copyright royalty collecting agency if you are willing to licence use of your work to others.
Q. In which countries can I obtain coyright protection?
Copyright laws do vary somewhat from country to country and for different types of copyright work. Therefore, it is best to ask your attorney for advice on the protection available to you in your specific circumstances.
Q. How is ownership of copyright determined?
Copyright is generally first owned by the creator of the copyright work, so, for example, the photographer will be the first owner of the copyright in a photograph. However, if a work is created as part of your contract of employment, it is likely that your employer will be the first owner of the copyright. Importantly, commissioning a copyright work to be created does not mean that the person who commissions the work owns the copyright in the work. Usually, the photographer will retain ownership of the copyright in a photgraph, even if you have paid them to take the photograph. If you commission a copyright work, copyright can be transferred from the creator, but you will need a written assignment document for this transfer to take place.
Q. Should I keep my copyright work confidential?
Since copyright automatically arises upon creation of a work, there is no need for confidentiality. Furthermore, it is often thought prefererable to clearly mark your works with the © symbol and the year of creation and possible also your name/company name, so that it is clear to third parties that you are asserting your copyright in that work.
Q. How long does copyright last?
There is no single, defined duration for copyright protection. Copyright duration differs between the various categories of work and is most often determined with reference to the death of the author or the date of completion or availability of the work. In the UK, literary works, such as books, enjoy copyright protection for 70 years following the death of the author. Copyright protection for sound recordings, songs and the like lasts for 50 years from the date of creation of the work in the UK. There is also some variation in terms of protection between jurisdictions.
Q. How is copyright infringed?
To infringe copyright in a work, the work must have been copied. This means once ownership of a copyright work has been established (by reference to the records made at creation and any relevant contracts and assignments), infrignement actions relating to copyright works generally revolve around whether the work has actually been copied (and it so how much). There are some exceptions to copyright infringement too, such as fair use and parody, that further complicate matters. Therefore, in practice legal disputes concerning copyright are among the most complex of intellectual property cases. Often there are significant sums of money involved, for example in high profile cases where well-known musicians stand accused of copying the songs of others. Lengthy arguments as to what, if anything, was copied, by whom and when, are common. Copyright also impacts the more mundane too. The internet is awash with images, videos and other media which are all freely accessible. However, each will have an author, and thus a copyright owner and so it is important to recognise that free-accessibility does not mean that content found on the internet can be freely copied.