Copyright

Copyright is the legal protection afforded to specific types of creative works. Unlike trademarks, patents and designs, you cannot register a piece of work for copyright as it is an automatic right granted to creators provided certain criteria is satisfied.

Types of works protected by copyright

• Literary works (e.g. song lyrics, scripts, and computer programs)
• Dramatic works (e.g. dance and mime performances)
• Musical works (e.g. musical composition)
• Artistic words (e.g. painting and sculptures)
• Broadcasts
• Sound recordings
• Films
• Typographical arrangements  of published editions ( e.g. the layout of a book)

Types of works NOT protected by copyright

• Works where copyright protection has expired
• Ideas- copyright protects the expression of an idea, not the idea itself

 

Requirements for copyright

Different rules apply to different types of creative works but all works must be original (i.e. not copied) to benefit from copyright protection. Similarly, all literary, artistic, dramatic and musical works must be recorded in writing or otherwise. Examples of this include a composer transcribing a musical work into a written score or an author dictating a novel into a recorder.

Literary works

Copyright applies to recorded original literary works such as novels, newspaper articles, song lyrics, instruction manuals and exam papers. Names, titles or slogans might not meet the criteria for copyright protection but this would be for the courts to decide in the event of a dispute. They may, however, be eligible for registration as a trademark.

If you wish to copy a literary work protected by copyright in any way, for example, photocopying, reproducing a printed page by handwriting it, typing it or scanning it into a computer, you will need the permission of the copyright owner unless any exceptions apply.

Dramatic works

Copyright applies to recorded original dramatic works such as ballet, mimes and plays. Dramatic works require action and must be capable of being performed.

If you wish to perform a dramatic work protected by copyright, for example performing a play in public, you need the permission of the copyright owner unless any exceptions apply.

Musical works

Copyright applies to recorded original musical works such as a jazz tune, an advertisement jingle or a sonata. Musical works must be recorded by being written in score or by sound recording or film.

If you wish to copy or perform a musical work, for example playing cover songs at a local pub or copying MP3 files onto CDs, you will need the permission of the copyright owner unless any exceptions apply.

Artistic works

Copyright applies to original artistic works such as paintings, drawings, engravings, sculptures, photographs, diagrams, maps, works of architecture and works of artistic craftsmanship. Logos may be protected under copyright as artistic works, and many trademarks may therefore also be copyright works.

If you wish to use artistic works protected by copyright, for example making a poster for a book club using a photograph from the front cover of a book, you will need the permission of the copyright owner unless any exceptions apply.

Broadcasts

Copyright applies to broadcasts, defined as the electronic transmission of visual images, sounds or other information. Copyright protection for the broadcast is not the same as the copyright protection of the content of the broadcast. The components of the broadcast will receive protection individually.

If you wish to use a broadcast protected by copyright you will need to get permission from the copyright owner unless exceptions apply.

Sound recordings

Copyright applies to all sound recordings regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. Copyright protection for the sound recording is no the same as the copyright protection of the sound recording. For example, the modern opera score receives protection separately from the recording the is made of the modern opera.

Film

Copyright protects all films- not just big budget cinema pictures but also home videos and the DVDs of television programmes.

A film may include a number of works which are protected by copyright. So for example, the score may be protected as a musical work, the screenplay may be protected as a dramatic work, and the script may be an adaptation of a book, both of which are protected as literary works.

Typographical arrangements

Copyright protects typographical arrangements of a published edition of the whole or nay part of one or more literary, dramatic or musical works.

If you wish to use a typographical arrangement protected by copyright, you will need to get the permission of the copyright owner.

 

Note: There are a number of specific circumstances where reproducing or otherwise using copyright works will not be an infringement of copyright:

1. Employee-created works- if a literary, dramatic, musical or artistic work or film is made by an employee in the course of their employment, the employer will be deemed the first owner of the copyright in the work. However this can be overridden by any agreement to the contrary such as a clause in the contract of employment.
2. Commissioned works- when you commission another person or organisation to create a copyright work for you, the first legal owner of the copyright is the person or organisation that created the work and not you the commissioner unless you agree it in writing.

 

Duration

The duration of copyright varies depending on the type of copyright work and when the work was created.

For literary, dramatic, musical and artistic works the term of protection last for the life of the author plus 70 years from the end of the year in which they die.

For films, copyright runs out 70 years after the end of the year in which the last to survive out of the principal director, the author of the screenplay and dialogue or composer of any music specially created for the film, dies.

For broadcasts, copyright in a broadcast expires 50 years from the end of the year of the making of the broadcast.

For sound recordings, copyright lasts for 50 years from the end of the year in which is was made. If it is published within 50 years of it being made, copyright will last for 50 years from the end of the year of publication. If it is not published but it is played in public within 50 years of it being made, then copyright will last for 50 years from the date of communication.

For typographical arrangements of published editions, copyright lasts for 25 years from the end of the year in which the edition was first published.

 

Exclusive rights

If you have created copyright work, you have certain exclusive rights over certain uses of the work. Rights granted fall into two categories (a) economic rights and (b) moral rights.

• Economic rights- give the copyright owner the opportunity to make commercial gain from their works, for example, a music artist has an economic right to sell their sound recordings. It also allows authors to take action to claim compensation for and prevent infringing acts.
• Moral rights- protect non-economic rights such as the right to be identified as the author or director of the work, the right to object to derogatory treatment of the work and the right to object to false attribution, i.e. being named as an author when you did not create the work. Moral rights only apply to literary, dramatic, musical and artistic works.

 

Infringement of copyright

Copyright can be infringed if the whole or a substantial part of a work is sued in manner restricted by copyright. Only the owner of the copyright or exclusive licensee may bring an action for civil copyright infringement.

If you do go to court, the courts can:

• Stop that person making further infringing use of the material by granting an injunction
• Award the copyright owner damages
• Make the infringing party give up related goods to the copyright owner, for example, any copies made.

Going to court is often costly and expensive so it may be worth sending the infringer a ‘cease and desist’ letter to dissuade them from using your work. If they continue to  infringe your work, then it my be worth seeking legal advice. Take a look at our Legal Services Directory for recommended legal advisors.

 

Exceptions

There are some exceptions which allow the use of copyright works within certain conditions and limits.

Non-commercial research and private study- this exception allows the making of single copies or short extracts of literary, dramatic, musical or artistic works as well as typographical arrangements when the use is for research (if not many is made) or private study. These copies must be supported by sufficient acknowledgement.

Criticism, review and reporting current events- this exception allows the criticism or review or the reporting of current events using copyright works. The criticism, review or report must be sufficient acknowledgement and the work must have been made available to the public. This exception does not apply to photographs.

There are other exceptions for teaching in educational establishments and visually impaired people.

 

Source: www.ipo.gov.uk