Copyright
What is Copyright?
Copyright gives legal protection for original works such as:

   literary, dramatic, musical or artistic creations;

   sound recordings, films or broadcasts;

   the typographical arrangement of published editions of
      works;

   computer software (protected as a 'literary work').

Copyright comes into existence automatically by the creation of the work and no formal registration is required in order to protect it. However, copyright in literary, dramatic or musical works does not subsist unless and until it is recorded in writing or some other permanent form. 

The duration of copyright is generally the life of the author of the work plus 70 years. There are however some variations to this such as sound recordings and broadcasts (50 years from the date of its release) and typographical arrangements of published editions (25 years from publication).

What rights do I have as a copyright owner?

The owner of a copyright work has the exclusive right to copy, perform, broadcast or make an adaptation of the work and to otherwise determine how their work may be used. Consequently, the copyright owner has the right to take legal action against anyone who exploits the copyright without permission, and seek an injunction against further copying and claiming damages from any losses arising from the infringement. However, in any legal proceedings, the owner of the copyright has to prove that the alleged infringer has copied the work. If it can be shown the alleged copy was created independently, then a copyright action will not succeed.

How do I prove ownership of copyright?

Since copyright is not subject to registration, it is important that copyright owners retain evidence to show that they are the owners of the copyright, the date that the work came into being and who was the author of the work. In many cases, if you are not the original author of the work, the copyright may well initially be owned by someone else and it is therefore important to be able to show how the chain of title passes back to you. For example:

   Employers will normally own the copyright in works created by their employees during the course of
      their employment, but this may not always be the case and is important to check the contract of
      employment. Where there is any doubt, a separate assignment agreement should be put in place
      transferring the copyright to you.

   If you have commissioned a work from someone else, you should ensure that you enter into an
      agreement with the author that confirms you are the owner of the copyright, or whereby the author
      agrees to transfer the rights to you by way of a separate assignment agreement (which should be
      executed upon completion of the work).

Is my company logo protectable by copyright?

Where a trade mark consists of, or contains a logo or device element, it is likely that the logo or device is also a copyright work. In such circumstances, it is important that the owner of the trade mark also owns the copyright in the logo as this could, in certain circumstances, undermine the ability of the owner to enforce its trade mark rights. Ensuring you (or your company) is the owner of the copyright as set out in the previous section above will help to ensure that ownership of the copyright and trade mark remain with the same party.

Do I have to use the "©" copyright symbol?

When you are using a copyright work, it is advisable to notify others that you are asserting ownership in the work. This is best done through use of the © symbol together with your name (or your company’s name) and the year the work was created. For example: © Montana Intellectual Property Limited 2009.

Where do I go from here?

If you require further information about any of these issues, or would like advice on a specific copyright matter, then please contact us. You may also wish to refer to our section on designs, as there is a form of copyright protection available for industrial designs (see our sections on UK Unregistered Designs and Unregistered Community Designs in the About Designs section of this website).

 

What is IP?        About Trade Marks        About Copyright        About Designs