Copyright FAQs

WHAT IS COPYRIGHT?
Copyright entitles the owner of a work to control how that work is used. It can be described as a negative right, as it does not specifically allow the owner of it to do anything in relation to the copyright work but entitles the owner to restrict or prevent others from using the work in various ways. The Copyright Designs and Patents Act 1998 which governs copyright sets out a list of "restricted acts" which third parties are not permitted to do without the copyright owner's consent. These include: - Copying the work - Issuing copies of the work to the public - Renting or lending work to the public - Performing, sharing or playing the work in public - Broadcasting the work or making an adaptation of the work or doing any of the acts listed above in relation to an adaptation

WHAT DOES COPYRIGHT PROTECT?
Copyright protects creative or artistic works. Literary works (e.g. articles, song lyrics, computer code), dramatic works, musical works, artistic works (e.g. logos, drawings, designs, photographs), sound recordings, films, broadcasts, cable programmes can all be copyrighted. It does not protect an idea itself but only the expression of an idea. The work therefore has to be recorded in some way.

CAN COPYRIGHT BE REGISTERED?
In the UK, there is no system for registration of copyright. This may not be the case in other countries. In the UK, copyright arises automatically as soon as the work is recorded in some form (e.g. in writing). It is therefore important to retain evidence of a copyright work, together with evidence of the date of creation of that work, in order to prove that the work is original.

DO WORKS HAVE TO BE NOVEL TO GET COPYRIGHT PROTECTION?
There is no requirement of novelty or inventiveness. To benefit from copyright protection, a work needs to be original but this means little more than it has not been copied. The requirement is that the work has been originated by the author using some original thought, skill or judgment. In addition, a person claiming copyright in a work must show that he has used some element of skill, effort or judgment in a creation of the work.

WHO OWNS THE COPYRIGHT?
The general rule is that the first owner of a copyright work is the author of such work, subject to some exceptions. For example, where a work is produced in the course of employment, the copyright will be owned by the employer and not the employee. Where a work is the result of a joint effort by two or more people and each person's input into the work cannot be distinguished from that of the other, each party is entitled to claim that they are a joint owner of the whole work. Where, however, the contributions of each person are distinguishable, there is no joint ownership and each person can own separate copyrights in different parts of the work. It is important to note that where a work is produced by an independent contractor, the copyright will belong to that contractor and not to the individual or organisation commissioning the work (commissioner). Whilst the commissioner will usually have an implied licence to use the work for the purposes for which it was commissioned, the commissioner will not own the work. It is therefore important to address the issue of ownership of the copyright prior to engaging an independent contractor. If the intention is that the commissioner is to own the copyright, an express written assignment should be entered into by both parties before the contractor commences work.

WHAT ARE MORAL RIGHTS?
Moral rights exist independently of the ownership of the copyright and include: - The right to be identified as author of the work - The right to object to derogatory treatment of the work. This means that the author can object to anybody treating his work in such a way as to devalue or diminish the appeal of the work in question - The right not to have another person's work falsely attributed to the author It is important to expressly deal with the issue of moral rights in any assignment of copyright, to ensure that they are waived (where appropriate).

HOW CAN COPYRIGHT WORKS BE EXPLOITED?
Copyright is a proprietary right and can therefore be assigned or licensed. As copyright and moral rights are distinct rights, it is possible to assign or transfer the copyright in the work, whilst retaining the moral rights in that work. For example, a photographer may assign the copyright in a photograph but retain his moral rights to be identified as the author of the photograph and object to derogatory treatment of it.

IS PERMISSION REQUIRED TO USE COPYRIGHT WORKS?
There are certain acts that can be carried out without the permission of the copyright owner and without infringing copyright. "Fair dealing" is the term used to describe these acts. Examples of acts which would constitute fair dealing include use of the work for private and research study purposes, criticism and news reporting and incidental inclusion. In addition, producing a back up copy of a computer program for personal use does not constitute copyright infringement.

HOW LONG DOES COPYRIGHT LAST?
The duration of copyright will depend upon the nature of the particular work and on the country of origin. In the UK, copyright in literary, dramatic, musical and artistic works lasts for 70 years from the end of the calendar year in which the author dies. Where there is joint ownership of a work, the 70 year period will run from the year in which the last surviving author dies. Where work is computer generated, copyright expires at the end of 50 years from the end of the calendar year when the work was made.

HOW SHOULD OWNERSHIP OF A COPYRIGHT IN A WORK BE SHOWN?
Using the copyright symbol ©, followed by the name of the owner and the date of creation may help to deter infringement of the work. In some countries use of the symbol is a requirement in order to get automatic protection. This is not the case in the UK but use of the symbol may assist where taking action against someone using the work without permission. The symbol is clearly notifying the public that ownership of copyright in that work exists.