Copyright Law (UK)

Overview

Copyright protects your work and stops others from using it without your permission.

You get copyright protection automatically – you don’t have to apply or pay a fee. There isn’t a register of copyright works in the UK.

You automatically get copyright protection when you create:

1. original literary, dramatic, musical and artistic work, including illustration and photography
2. original non-literary written work, such as software, web content and databases
3. sound and music recordings
4. film and television recordings
5. broadcasts
6. the layout of published editions of written, dramatic and musical works

You can mark your work with the copyright symbol (©), your name and the year of creation. Whether you mark the work or not doesn’t affect the level of protection you have.

Copyright prevents people from:

1. copying your work
2. distributing copies of it, whether free of charge or for sale
3. renting or lending copies of your work
4. performing, showing or playing your work in public
5. making an adaptation of your work
6. putting it on the internet

Copyright overseas

Your work could be protected by copyright in other countries through international agreements, for example the Berne Convention.

In most countries copyright lasts a minimum of life plus 50 years for most types of written, dramatic and artistic works, and at least 25 years for photographs. It can be different for other types of work.

The Copyright, Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover:

• Broadcast and public performance,
• copying,
• adapting,
• issuing, renting and lending copies to the public.
• In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.

Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.

Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.

Normally the individual or collective who authored the work will exclusively own the rights. However, if a work is produced as part of employment then normally the work belongs to the person/company who hired the individual. For freelance or commissioned work, rights will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).

Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.

https://copyrightservice.co.uk/copyright/uk_law_summary

https://www.gov.uk/copyright