Copyright is a concept that many are familiar with, but many do not have a specific understanding of how it works in practice or business.
In his first article for the firm, Specialist Corporate & Commercial Solicitor Arya Koohgilani answers your questions on copyright in practice or business.
What is copyright UK?
It is a very important and powerful type of intellectual property which is ever present in modern use, including in commercial situations. So, it is important to know how this impacts your business.
It can be integral in helping to protect your brand and the tangible assets that are used in the course of your business, regardless of how big or small they may be.
How does copyright work in the UK?
Copyright is governed by the Copyright, Designs and Patents Act 1988. It relates to literary, dramatic, musical and artistic works.
It comes into existence automatically and can be used to protect the authorship of any original work that is created or produced. It is important that the item produced is original and the result of the work of the author – it does not have to be artistic.
Once the copyright has been created, then that creative output has become protected. This could be pen being put to paper, software created or alike.
If another then uses the copyright that you have created, and you have legal ownership of, then they are in danger of infringing on your rights.
Is copyright an automatic right in the UK?
Copyright arises automatically in the UK, therefore there is no registration cost or procedure, unlike other countries such as the USA. It is also capable of being protected internationally through agreed treaties and conventions.
Does my employer own my intellectual property in the UK?
An important note to consider is that copyright that is produced by employees in the course of their employment belongs to the employer.
However, this is not the case if work is carried out by an independent contractor, this can include a design studio or professionals such as architect or engineer. This is a common trap that businesses fall into.
How can a business use copyright?
A business can use copyright to protect any original works that they have produced and to protect themselves from others using their copyrighted material in the course of business.
A business’ original works may include:
- The texts that you display on your business website to describe a product
- A user manual used by a business to train their employees or business communications
- Software and business logos or designs
- Publications such as newspapers, books or technical manuals.
Does my business need a copyright licence?
In certain circumstances, you may wish to allow others to use any copyright that you may own.
This can be done under a licence agreement that provides the specific details and manner in which the licensee (the party granted the licence) is able to use your copyrighted works in the course of their business. This is why licence agreements are needed where software is being distributed.
For example, photographers may grant businesses a licence to use their photos on their website or a musician may grant a licence to a business for them to use their music in an ad.
Can you copyright business ideas?
Under English law, there is no copyright in an idea as such, unless it is in written form.
Copyright cannot protect an idea or concept, by its own definition, it is too broad to protect. It is not the idea that is protected, but the physical creation of it which can be protected.
Other forms of intellectual property protection may be available under different legislation.
- Trademarks are used to register a mark, symbol or logo that is used by a business.
- Patents are used to protect inventions within a certain territory provided an “inventive step” has been involved in their invention.
- There are also legislative provisions relating to databases, designs, plants and seeds.
How do I copyright my work in the UK?
Unlike trademarks and patents, copyright arises automatically and no registration is required. Once your work, which is an original literary, dramatic, musical, or artistic piece, is produced in a material form, the copyright then exists. However, it is important to have some evidence of when and how it was created in case the copyright is disputed..
For international protection, it is important to use the copyright symbol and the year of first publication.
How long does copyright last for in the UK?
The duration of the copyright will be, most often, the life of the copyright author plus 70 years from the year of their death. For example, if a copyright author’s death was in October 2030, the copyright would expire 70 years later, in the year 2100 (2030 + 70).
Do I need a solicitor for copyright?
A solicitor experienced in copyright law will be helpful in advising on any copyright matters that may arise in the course of your business. They will be able to advise in disputes or also draft any necessary copyright assignment or licences that are required or on the basic laws of copyright.
At Frettens, we specialise in providing clear legal advice in plain English.
Our Corporate & Commercial Team are one of the largest and most-experienced in the area. They will be more than happy to help with any queries you have around copyright and intellectual property.
If you have a dispute over copyright, our Dispute resolution team may also be able to help.
At Frettens our bright Corporate & Commercial Team is one of the most experienced in the area and would be happy to assist you in any copyright matters.
If you have any questions following this article, or would like to discuss your circumstances with our team, please don’t hesitate to get in touch on 01202 499255 or by filling out the form on this page.
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