Intellectual property
A Guide to Copyright
Author
Barbora Korcova
Author
Barbora Korcova
October 8, 2024
Intellectual property
Copyright is a crucial aspect of intellectual property law that protects the rights of creators over their original works. In the UK, copyright law plays an essential role in safeguarding the intellectual and creative industries, covering everything from literature and music to software and databases. This blog post will guide you through the fundamentals of copyright, answering key questions about what it is, how it works, and why it’s important.
What is copyright?
In the UK, copyright law is set out in the Copyright, Designs and Patents Act 1988 (CDPA).
Simply put, copyright is a legal right granted to creators of original works, giving them control over how their work is used, reproduced, and distributed. The purpose is to reward authors for using independent effort to create the works.
Copyright protection arises automatically when a work is created and recorded in a tangible form. This means that no formal registration is required - you don't need to apply or pay any fees.
Copyright applies to a wide variety of works, including:
- Literary works (books, articles, scripts)
- Artistic works (paintings, photographs, sculptures)
- Musical works (songs, scores)
- Films and broadcasts
- Software and databases
What is not protected by copyright?
Copyright seeks to protect the form of expression of ideas and not the ideas themselves. This means that while a particular way of presenting or expressing an idea-such as a book, artwork, or musical composition-can be copyrighted, the underlying concepts, facts, or ideas remain open for anyone to use. This ensures that knowledge and ideas remain in the public domain, fostering innovation and creativity.
What rights does copyright provide?
Copyright gives the creator exclusive rights over their work, including the right to:
- Create derivative works based on the original
- Copy or reproduce the work
- Distribute or sell copies of the work
- Perform or display the work publicly
These rights allow creators to control the commercial use of their work, preventing unauthorised reproduction or exploitation. Copyright owners can also license or sell these rights to others, allowing them to use the work in exchange for payment or royalties.
How long does the copyright last?
The duration of copyright protection varies depending on the type of work:
- Literary, dramatic, musical, and artistic works are protected for the lifetime of the author plus 70 years after their death.
- Films are protected for 70 years after the death of the director, author of the screenplay and composer.
- Sound and music recordings are protected for 70 years from the date of first publication.
- Broadcasts are protected for 50 years from the date of first broadcast.
Once the copyright expires, the work enters the public domain, and anyone can use it without permission.
What is copyright infringement?
Copyright infringement happens when someone uses a work that is protected by copyright without getting permission from the owner. This could mean copying, distributing, or changing the work without approval. If this happens, the copyright owner can take legal action to get compensation (seek damages) or to stop the unauthorised use (an injunction).
What is the penalty for copyright infringement in the UK?
Copyright infringement in the UK is a serious matter, and the penalties can be significant, depending on the nature and severity of the infringement.
In most cases, copyright infringement results in civil action, where the copyright holder can take legal steps against the infringer. The following remedies are typically available:
- Injunctions. The court may issue an injunction, preventing the infringer from continuing to use the copyrighted work without permission.
- Damages. The copyright holder may be entitled to financial compensation for the infringement. This could be calculated based on the actual financial loss suffered by the copyright holder or the profits made by the infringer as a result of the infringement.
- Account of profits. In some cases, instead of damages, the copyright holder may request an account of profits, allowing them to recover any profits the infringer made from using the copyrighted work.
- Delivery up or destruction. The court may order that infringing copies or materials must be delivered to the copyright holder or destroyed.
In more severe cases, particularly where the infringement is intentional or involves large-scale commercial exploitation, criminal penalties can apply. These penalties are typically reserved for cases of deliberate and significant infringement, such as distributing pirated copies of software, films, or music. Criminal penalties can include:
- Fines. The infringer may face substantial fines. The amount can vary, but for serious infringements, the fines can be unlimited.
- Imprisonment. For serious cases of copyright infringement, the infringer could face a prison sentence of up to 10 years, particularly where the infringement involves large-scale commercial activity, counterfeiting, or piracy.
What is the best defence for copyright infringement?
One of the most commonly used defences against copyright infringement is fair dealing, which allows the limited use of copyrighted material without the copyright owner’s permission, under specific conditions. Some of the main categories of fair dealing are:
- Fair dealing for research and private study. Individuals can use copyrighted material for non-commercial research or private study, provided the use is fair and does not significantly impact the market value of the original work. However, this does not extend to uses where the material is widely distributed or published.
- Fair dealing for criticism, review, and news reporting. Copyright law permits the use of protected works for the purpose of criticism or review, as long as the use is fair and the material is properly credited. Similarly, copyright material can be used in news reporting, provided it is relevant to the story and not simply used for illustrative purposes. In both cases, the use must be proportionate, and there should be a legitimate need to use the copyrighted work for commentary or public interest.
- Parody, satire and caricature. Another fair dealing exception covers the use of copyrighted works for parody, satire, or caricature. This allows individuals to use elements of a copyrighted work to create something humorous or critical, as long as it does not affect the original work’s market value or unfairly exploit the work.
Who is the owner of the copyright?
In the case of literary, dramatic, musical or artistic works, the author or creator of the work is usually the first owner of any copyright in it. For films, the main director and the producer are both considered joint owners of the copyright. However, there is an exception for works created by employees.
If a literary, dramatic, musical, artistic work, or a film is made by an employee as part of their job, the employer typically owns the copyright (unless there is an agreement that says otherwise).
On the other hand, if someone works as a freelancer or contractor, they usually keep the copyright to their work unless their contract states otherwise.
For software, the law treats computer programs like literary works, meaning the software developer is usually the copyright owner unless there’s an agreement stating otherwise.
How can you protect your copyright?
Even though copyright is automatic, creators can still take steps to protect their work by:
- Keeping records of when and how the work was created.
- Using a copyright notice like “© [Author’s Name] [Year of Creation],” to clearly show ownership.
- Considering licensing your work to others, making sure that agreements are clear and legally binding.
- If you are worried about someone using your work without permission, seek legal advice to understand how to protect your rights and take action if needed.
The role of licensing and assignment
Copyright owners can let others use their work by either licensing or assigning their copyright.
A license allows the copyright owner to keep the ownership but gives someone else limited rights to use the work for specific reason or time period.
The owner can also register the work with a licensing body (such as a collecting society) which will handle licensing agreements with users and collect payments (royalties) on their behalf.
An assignment, on the other hand, transfers full ownership of the copyright to someone else. This requires a signed written document, called an ‘assignment’.
Conclusion
Copyright is more than just a legal formality; it’s a powerful tool that empowers creators to protect their work, control how it’s used, and benefit from their creativity. Simple steps like adding a copyright notice or setting up clear licensing agreements can go a long way in keeping your work safe.
If you need more advice or think someone is using your work without permission, don’t hesitate to get in touch with us!
