What is copyright?

As the word suggests, ‘copyright’ is a right, which prevents others copying or reproducing your work and ideas. However, the right attaches not to the idea itself, but to the expression of the idea. An idea for a painting or a photograph which one carries in ones head or communicates in speech, is not a copyrighted work. Nor is an idea for a story. Once committed to paper however, or some other fixed form with a degree of permanence, it will become a ‘work’ in which copyright can subsist.

Works which are capable of being protected by copyright are:

1. original literary works – e.g. novels, instruction manuals, computer programmes, lyrics for songs, poems, articles in newspapers
2. original dramatic works – e.g. works of dance or mime
3. original musical works
4. original artistic works – e.g. paintings, engravings, photos, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos
5. sound recordings – these may be recordings on any medium e.g. tape or CD
6. films – including videos
7. broadcasts and cable programmes
8. Published editions of works – e.g. typographical arrangements of a publication.

Copyright is a right which arises automatically on creation of a work capable of copyright protection. It cannot be registered, so proving the right and ownership of it is not always as straightforward as it might be in respect of a registered trademark for example.

Matters can be complicated further in that one work may be protected by a number of copyrights, all of which are owned by different people. Take by way of example a song, the lyrics to which have been written by one person and the music written by another. If the song is recorded there will be a derivative copyright in the sound recording in addition to the underlying copyright in the words and the music.

Who owns copyright?

The first owner of a copyright is the author of the work in question - except where a literary, dramatic, musical, artistic work or a film is made by an employee in the course of his employment (in which case the employer is the first owner). The author is the person who creates the work. The author of a sound recording might be its producer. The principal director or producer may the author of a film.

If you have commissioned a work from a freelance or other third party you will not automatically own the copyright and will need to have a written assignment or licence in place to govern the arrangements.

Exploitation of copyright

The owner of the copyright in a work has the exclusive right to do the following in the UK – copy the work, issue copies of the work to the public, rent or lend the work to the public, perform, show or play the work in public, broadcast the work or make an adaptation of the work. He may also grant licences to others to make use of the work, or assign his copyright to a third party.

Infringement

Copyright is infringed by a person who without the licence of the copyright owner, does or authorises another to do, any of the above acts restricted by the copyright – in relation to the whole, or any substantial part of the work.

Some acts of infringement can be less serious, and are known as ‘secondary infringements’. They include importing an infringing copy otherwise than for ones private domestic use, possessing or dealing with an infringing copy in the course of business, providing a means of making infringing copies, permitting the use of premises for infringing performances and the provision of apparatus for infringing performances in public.

Enforcement of rights

For further advice contact our team direct or talk to your usual contact in the firm