Copyright: What does it mean?

What is a copyright?

Copyright is an intellectual property right which protects creative works, such as original literary, dramatic, musical and artistic works including sound recordings, films or broadcasts. Like other forms of intellectual property, the copyright owner enjoys certain exclusive rights. The owner may take action before a court to stop or prevent another from using their copyright works without permission.

How do I obtain my copyright?

Unlike other forms of intellectual property such as patents or trade marks, copyright (at least in most countries, including the UK) does not need to be registered in order to be protected. Copyright automatically comes into existence upon creation of the particular work. For example, if you take a photograph, copyright in that photograph exists from the moment the photo is taken. And because no registration is required there is also no cost, although asserting your copyright against will incur costs.

Who owns copyright?

The law distinguishes between the person who created the copyright work, the ‘author’, and the person who owns the copyright, the ‘owner’. The first owner of a copyright in a work is the author, unless the work was created by an employee in the course of her/his employment. For employee created works, copyright belongs to the employer as owner. The owner of a copyright work is entitled to do all of the things associated with intellectual property ownership. So, in addition to taking court action to enforce her or his rights, the owner may sell, licence or otherwise dispose of the copyright work. Note that even if the author is no longer, or never was, the owner, her or his right to be identified as the originator of the work remains.    

How long does copyright last for?

There are some complexities for certain types of work but in general terms, copyright in literary, dramatic, musical or artistic works, such as books, paintings or songs, lasts for a period of 70 years following the death of the author. Copyright in sound recordings last for 50 years from the end of the year in which the recording was made. Neither of these periods can be extended.

What is copyright infringement?

A person infringes the copyright belonging to another if the copyright work is copied without the owner’s permission. It is important to note that infringement only occurs if the owner’s work is actually copied. The independent creation of another work, even if identical to the copyright work, is not an infringement as the original work was not copied. Returning to the photography analogy; if two people take a photograph of the same object, from the same place at the same time, both will produce identical photographs but neither will constitute an infringement of the other’s copyright. This is because no copying has taken place. Indeed, even though the photographs are identical, each photographer will enjoy their own independent copyright in the images they have captured.

The law does not define how a copy must be made in order to be an infringement. So for example, the act of photocopying a published book and the act of reproducing the text of a book long-hand using a pen would be treated in the same way as both result in a copy of the original. Electronic means for transferring and storing files, images, music and other media are very convenient but often result in the creation of multiple versions of the original works. Care should thus be taken to ensure that copyright is not inadvertently infringed. Mathisen & Macara can help you to navigate through what can be a complex landscape.

What if I want to use a work I did not create?

It is often possible to obtain a licence, for example from a from a collecting society, a photo library or directly from the copyright owner. For works where it is not possible to identify the author or copyright owner, it may be possible to obtain a licence from the orphan works register licences register.

Can I copy anything?

The law recognises that some copying of works is necessary or desirable in certain circumstances and so provides some limited exceptions. For example, it is permissible for students and researchers to make copies of works for the purposes of research and private study. And there are provisions to allow copying for the purposes of criticism, review or news reporting. However, as a general rule, copying for any commercial purpose is not permitted without the copyright owner’s permission. As with any exception, these rights should be narrowly construed, and we strongly suggest that you seek advice on the extent of these exceptions before copying any copyright works.

Copyright and the Internet

A final word of warning! The Internet contains countless images, music files, film clips and other resources. It is a common misconception that because everything on the Internet is freely available it must also be free to use. This is rarely true. So, before you search for that perfect image to complete your presentation or website, remember that copyright probably exists in that image and that each copyright has an owner.

How do I stop other people using my work?

The copyright owner is responsible for defending their copyright against infringement. We would always recommend marking a copyright work to alert others to the fact that you own the copyright and are claiming your copyright in the work.  You should monitor use of your copyright work for infringement.  There are collecting societies that you can register your work with who will deal with licensing.  Furthermore, a copyright owner can check the licences register to see if anyone has licensed the work or is in the process of applying for a licence. If the work is on the register, the copyright owner can apply to have an application stopped and claim the licence fee that has been paid if a licence has already been issued.

The Copyright Tribunal can be used to settle licencing disputes. They can also contact the UK Intellectual Property Office who can offer general advice on copyright law.

What about other countries?

Most countries around the world have similar copyright provisions either in their National Law or as a result of international agreements such as the Berne Convention, but there is variation in the specifics of protection and enforcement from country to country.  Furthermore, it is possible to register your copyright in some countries, which makes enforcement more straight forward. Again Mathisen & Macara can advise you on the provisions of the particular countries of interest to you.

For further advice…

Further information can be found on the UK Government website, here: www.gov.3uk/copyright.