Copyright

Copyright is different from other forms of Intellectual Property (IP) because there is usually no official registration or fee required to obtain its protection.

In the UK copyright automatically vests in the creator of copy, artwork, or music, provided your work is 'fixed' in some way such as on paper, film, sound recording or as an electronic record.  The ownership rule can be changed by contract.

Novels, computer programs, movies, databases, dramatic works such as dance or mime, musical works, artistic works such as paintings, photographs, architecture, and sound recordings are all examples of works protected by copyright.

Register copyright?

One good reason people want to register their copyright is so that if a dispute arises they can prove they created the work first.

Contrary to popular myth, posting a copy of the work to yourself is not a good way to prove the date your work was created. Courts are often sceptical of this evidence since there is a huge potential for envelope tampering and fraud.  There are better and more reliable ways to prove your rights in a work.

For some types of work you could benefit from applying for a US copyright registration.  Alternatively, you could lodge the work with an independent and reliable third party, or swear a statutory declaration that you are the work’s creator.

It is not generally necessary to go to these lengths unless a work is commercially significant.  In practice, if a dispute arises, it will help if you are able to show detailed evidence of the progression of the work as you created it, and the dates involved.

Use of copyright notice

Although it is not legally necessary to do anything else to secure copyright, bear in mind that in some countries, such as the USA, copyright is registered.  You can strengthen your protection by taking a number of steps – principally by including the copyright symbol (C) followed by your name and the date. Using this symbol is a powerful warning to others against copying your work.

Other points to note about copyright

In certain circumstances, the creator of material has the right to be acknowledged as the creator - to assert their 'moral rights,' even if the creator no longer owns the copyright.

The owner of a copyrighted work has the right to control the work which includes deciding who may use it and for how much.  The owner can grant others the use of the copyrighted work through a license. Licensing can provide substantial economic rewards for your efforts in producing a copyright work.

We can help with all aspects of copyright.

What next?

Do you create copyright works for a living?

Do you need a licence to control use of copyright?

Do you have a potential copyright dispute?

Are you interested in registering your copyright in the USA?

Are you commissioning someone to produce a copyright work?

In all these situations and more you will need advisers with expertise in copyright issues.  Why not ring or email us for a preliminary free consultation?