Copyright Protection Service - Help Protect Your Work Worldwide - FAQs
The Copyright Protection Service system protects your copyright by independent dated registration of your work with our service and has been called 'an advanced innovation to protect valuable rights' by legal experts in copyright. Click on your creative area of interest above to view details about how the Copyright Protection Service works, membership of our site is free and includes free expert copyright advice from the copyright law specialist team of legal firm Silverman Sherliker. The copyright specialist team of Silverman Sherliker have been named as "a leader in their field" by leading law directory Chambers. Click here to register now for free
We have listed the most frequently asked questions about copyright below.
The following copyright information is by kind permission of the Intellectual Property Office, the operating name of The Patent Office. The Intellectual Property Office is the official government body responsible for intellectual property rights in the UK.
While exploring the questions if you click on links to view information and wish to return to a previous page then click on one of the following type buttons on the top left of your screen to return to the page you were viewing before 
Copyright Legal FAQs
What copyright applies to
What copyright can protect
The benefits of copyright protection
How long copyright lasts
Ownership of copyright works
Managing and enforcing your copyright
Other people's copyright works and gaining permissions
Other copyright protection
Copyright Abroad
Trademark FAQs
What is a trademark?
Trademark protection and benefits
Trademarks abroad
Other people's trademarks
What copyright applies to Return to Top of Page
Copyright applies to and can protect the following:
* literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database
* dramatic works, including dance or mime
* musical works
* artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos
* layouts or typographical arrangements used to publish a work, for a book for instance
* recordings of a work, including sound and film
* broadcasts of a work
You should only copy or use a work protected by copyright with the copyright owner's permission.
Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark. The Copyright Protect Service offers free trademark advice for members from the copyright specialist team at legal firm Silverman Sherliker, named as "a leader in their field' by legal directory Chambers. Click here to join the Copyright Protection Service, membership is free.
Click on a link for more information:
Original works
Most works must be original to have copyright protection.
Websites and the internet
The same rules apply on the internet as with other medium.
Written work including software and databases
Software and databases can be protected as written work.
Theatre
Dance and mime can receive protection too.
Music
Music can have numerous types of work capable of protection.
Artistic works including photographs
Photographs are also artistic works.
Spoken word and performers
Performers of spoken word may receive protection.
TV and Film
Numerous types of work can be protected in the case of TV and film.
What copyright applies to in detail
Original works Click one of the following type buttons on the top left of your screen to return to a previous page
A work can only be original if it is the result of independent creative effort. It will not be original if it has been copied from something that already exists. If it is similar to something that already exists but there has been no copying from the existing work either directly or indirectly, then it may be original.
The term "original" also involves a test of substantiality - literary, dramatic, musical and artistic works will not be original if there has not been sufficient skill and labour expended in their creation. But, sometimes significant investment of resources without significant intellectual input can still count as sufficient skill and labour.
Ultimately, only the courts can decide whether something is original.
There is much case law indicating, for example, that names and titles do not have sufficient substantiality to be original and that, where an existing work is widely known, it will be difficult to convince a court that there has been no copying if your work is very similar or identical.
Works that are not required to be original
Sound recordings, films and published editions do not have to be original but they will not be new copyright works if they have been copied from existing sound recordings, films and published editions.
Broadcasts do not have to be original, but there will be no copyright, if, or to the extent that, they infringe copyright in another broadcast.
Websites and the internet Return to Top of Page
Copyright applies to the internet in the same way as material in other media. For example, any photographs you place on the internet will be protected in the same way as other artistic works; any original written work will be protected as a literary work, and so on.
Downloads and uploads
If you download, distribute or put material on the internet that belongs to others you should ensure that you have the owners' permission, unless any of the exceptions apply.
Written works including software and databases Return to Top of Page
Copyright applies to original written works such as novels, newspaper articles, lyrics for songs, instruction manuals and so on. These are known as literary works.
There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark, or a common-law action to prevent passing-off may give protection for unregistered trade marks. However, logos may be protected under copyright as artistic works and many trade marks may therefore also be copyright works.
You may need to get permission from a copyright owner if you wish to copy written work in any way, for example, photocopying, reproducing a printed page by handwriting or typing it or scanning into a computer ; or rent or lend books and so on, to the public, unless any exceptions apply.
Software
Software, that is computer programs, and games for games consoles are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to adapting a work. Storing any work in a computer amounts to copying the work. In addition, running a computer program or displaying work on a video display unit (VDU) will usually involve copying and thus require the consent of the copyright owner.
Databases
Databases may receive copyright protection for the selection and arrangement of the contents. In addition, or instead, database right may exist in a database as below. This is an automatic right and protects databases against the unauthorised removal and re-use of the contents of the database.
Database right
A database, that is a collection of data or other material that is arranged in such a way so that the items are individually accessible, may be protected by copyright as a literary work and/or database right. This protection can apply to both paper and electronic databases.
For copyright protection to apply, the database must have originality in the selection or arrangement of the contents and for database right to apply, there must have been a substantial investment in obtaining, verifying or presenting its contents. It is possible that a database will satisfy both these requirements so that both copyright and database right apply.
There is no registration for database right - it is an automatic right like copyright and commences as soon as the material that can be protected exists in a recorded form. However, the term of protection under database right is much shorter than under copyright. Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication.
Many databases are a collection of copyright works, such as a database of poetry from the last fifty years where each poem will also be protected by copyright. So people compiling databases need to make sure that they have permission from the copyright owners for use of their material and people using databases need to be aware of the rights of the owners of underlying works as well as database right owners.
Theatre Return to Top of Page
Copyright applies to any original live theatrical performance such as ballet, opera, plays, musicals, pantomimes and so on. These are known as dramatic works.
In ballet, for instance, if the choreography of the dance has been recorded in writing or filmed, the dramatic performance of the dance itself could be entitled to copyright. As would any musical scores used, scripts, stage directions, and even any art work on the set design.
The performers of the play or ballet and so on could also be afforded protection as would any film or audio recording of the performance.
As with any other form of copyright work, if you wish to reproduce or perform a play or musical production, you should first seek permission from the copyright owners of any written work, music, recorded dance steps and so on.
Theatrical performances within schools
Within schools, if the performance or concert is only being watched by teachers and pupils as part of the activities of the school then you do not need permission from the copyright owner(s). This falls within the scope of one of the exceptions to copyright.
However, if parents are invited to watch the performance or concert, then you probably will need permission, unless you use only old material in which copyright has expired, such as Shakespeare's plays or Mozart's music.
Music Return to Top of Page
Copyright applies to a musical composition when it is set down in permanent form, either by writing it down or in any other manner. With a song there will usually be more than one copyright associated with it. If you are the composer of the music you will be the author of the musical work and will have copyright in that music. The lyrics of a song are protected separately by copyright as a literary work. The person who writes the lyrics will own the copyright in the words.
If your work is subsequently recorded the sound recording will also have copyright protection. The producer of the recording will own the copyright in the sound recording.
Composers of music may also have moral rights in their work.
Copyright is like any form of physical property in that you can buy it, sell it, inherit or otherwise transfer it, wholly or in part. Therefore, some or all of the economic rights may subsequently belong to someone other than you, the first owner.
Sound recordings Return to Top of Page
In the case of a sound recording the author and first owner of copyright is the record producer.
Sound recordings do not have to be original but they will not be new copyright works if they have been copied from existing sound recordings. It may be therefore that the courts would consider that your re-mastering of an existing recording does not have copyright protection.
Sound recordings may also contain Performers' rights
Performers' rights Return to Top of Page
Performers are entitled to various rights in their performances, whether these take place on the stage, during a concert and so on. Performers also have rights in any recordings, films or broadcasts of their performances.
In many cases, but not always, the performance may be of a copyright work - literary, dramatic or musical - so the performers' rights will be in addition to the rights of copyright owners with respect to the performance and subsequent exploitation of any recording or broadcast of the performance.
A performer has the right to control the broadcasting of his or her live performance to the public. The permission of a performer must also be sought before a recording of the live performance is made. These are referred to as a performer's non-property rights.
Once a recording of the performance has been made, the performer's permission is also needed to make copies of that recording. A performer may be entitled to remuneration in respect of broadcasting, other types of communication to the public by electronic transmission, public performance and rental of those copies. These are a performer's property rights.
It will usually be necessary, therefore, to obtain permission from the performers in advance for activities that would infringe any of these rights.
A performer also has moral rights.
Artistic works including photographs Return to Top of Page
Copyright applies to original artistic works such as paintings, drawings, engravings, sculptures, photographs, diagrams, maps, works of architecture and works of artistic craftsmanship.
So, for example, cartoon characters may have copyright protection and if you wish to copy the characters onto cakes, wallpaper and so on, you will almost certainly need a licence to do this to avoid infringing copyright.
If you wish to use or copy copyright protected artistic works you may need permission from the right holder, unless copyright exceptions apply.
In the case of a drawing of an article to be mass-produced, there will only be copyright in the article made to the design in the drawing if the article itself is also an artistic work. This would have included something that could be called a work of artistic craftsmanship. However, design right protection might exist for such an industrially produced item even if there is no copyright. Applying for a registered design is another possibility.
If you want to reproduce existing Royal emblems such as Coats of Arms on any souvenirs, you will need permission from the Lord Chamberlain's Office.
Spoken word and performers Return to Top of Page
There is no copyright in speech unless and until it is recorded. If your speech is recorded, either in writing or by other means such as by electronic means, then the words of your speech will be protected as a literary work.
If you perform a dramatic work, such as a play, or record your performance on an audio cassette or CD you may also be entitled to performers' rights.
TV and films Return to Top of Page
For TV productions and films, copyright may exist on a number of its components, for example, the original screenplay, the music score and so on. If you produced the TV show or film then you would normally obtain the rights to, or gain permission to use, the works required to make the production.
You will not infringe the copyright in a broadcast if you make a recording of a TV programme in your own home to watch later. For any other use you may need the permission for the rights holder, unless copyright exceptions apply.
Broadcasts, which may be transmitted by cable or wireless means, including satellite broadcasts, but excluding most transmissions on the internet, afford copyright protection in addition to any copyright in the content of broadcasts such as films, music and literary material.
Films do not have to be original but they will not be new copyright works if they have been copied from existing films. Broadcasts do not have to be original, but there will be no copyright, if, or to the extent that, they infringe copyright in another broadcast.
Published editions Return to Top of Page
Published editions of literary works include books, magazines, anthologies of poems and so on.
There may be one or more copyright owner of the material. The publication itself may also be afforded copyright protection for the typographical arrangement of the edition.
The typographical arrangement of a published edition does not have to be original but it will not be a new copyright work if it has been copied from existing published editions.
The benefits of copyright protection Return to Top of Page
Copyright allows you to protect your original material and stops others from using your work without your permission. The existence of copyright may be enough on its own to stop others from trying to exploit your material. If it does not, it gives you the right to take legal action to stop them exploiting your copyright, and to claim damages.
Copyright is essentially a private right. You, the copyright owner must decide how to exploit your copyright work and how to enforce your copyright. A copyright owner can decide whether or not there will be any use of the copyright work falling within the scope of the economic rights and, if so, whether he or she will use the copyright work and/or license one or more other people to use the work.
A copyright owner can also benefit from copyright by selling or agreeing a transfer of copyright to someone else.
Many of the options available to a copyright owner will involve contractual agreements which may be just as important as the rights provided by copyright law. The right contractual agreement can minimise the chances of a dispute over use of your copyright work.
As a copyright owner, you may also like to consider the benefits of belonging to an organisation representing copyright owners in your area.
By understanding and using your copyright and related rights protection, you can:
* sell the copyright but retain the moral rights.
* license your copyright for use by others but retain the ownership.
* object if your work is distorted or mutilated.
As long as you have created an original work that qualifies for copyright protection - see what copyright applies to above - you have what is known in copyright terms as an 'automatic right' to copyright.
There is no official registration for copyright required in the UK, US, Western European Countries or in most parts of the world that belong to the Berne Convention, but the UK Intellectual Property Office, a government organization states that, “it may be useful to be able to show the court that the work was in your possession at a particular date.” The Copyright Protection Service helps as independent evidence and proof to show your work content existed at a set date as registered by you if another person should clearly infringe your copyright. The copyright specialist team at Silverman Sherliker, named as 'a leader in their field' as above, calls our system "an advanced innovation to safeguard valuable rights" and provides free legal advice for members. Click here to register now for free.
Copyright gives the right owner numerous exclusive economic rights
Economic rights Click one of the following type buttons on the top left of your screen to return to a previous page
Economic Rights give the copyright owner the opportunity to make commercial gain from the exploitation of his/her work. Copyright owners generally have the right to authorise or prohibit any of the following things in relation to their works:
* copying the work in any way. For example, photocopying, reproducing a printed page by handwriting, typing or scanning into a computer, and taping live or recorded music are all forms of copying
* issuing copies of the work to the public
* renting or lending copies of the work to the public. However, some lending of copyright works falls within the Public Lending Right Scheme, and this lending does not infringe copyright
* performing, showing or playing the work in public. Obvious examples are performing plays and music, playing sound recordings and showing films or videos in public. Letting a broadcast be seen or heard in public also involves performance of music and other copyright material contained in the broadcast
* broadcasting the work or other communication to the public by electronic transmission. This includes putting copyright material on the internet or using it in an on demand service where members of the public choose the time that the work is sent to them
* making an adaptation of the work, such as by translating a literary or dramatic work, transcribing a musical work and converting a computer program into a different computer language or code.
Copyright is infringed when any of the above acts are done without permission, whether directly or indirectly and whether the whole or a substantial part of a work is used, unless what is done falls within the scope of exceptions to copyright permitting certain minor uses, see further below.
Selling your copyright Click one of the following type buttons on the top left of your screen to return to a previous page
Copyright is a form of Intellectual Property, and like any form of property it can be bought, sold, transferred, inherited, and so on. If you do decide to sell or transfer your copyright there would need to be a written, signed contract stating a transfer has taken place. This is known as an assignment.
You should note that with certain copyright material even if the creator sells the copyright in the work they will still have moral rights. This means that for instance the creator will still have the right to be identified as the author (providing he had claimed that right previously) and to object to any derogatory treatment of the work. Moral rights in a work can not be transferred or 'assigned' but a creator is entitled to waive those rights.
Click here to view more information on managing and using your copyright including licensing your copyright.
How long copyright lasts Return to Top of Page
The length of time a copyright work is protected will depend upon the category or type of work and is usually calculated from the death of the creator.
Written, Theatrical, Musical, Artistic and Film (details below)
The written category also includes software and databases (details below)
Other types of work have different terms of protection:
* Sound Recordings (details below)
* Broadcasts (details below)
* Published editions (details below)
The term of protection or duration of copyright varies depending on the type of copyright work. For copyright works originating outside the UK or another country of the European Economic Area (EEA), the term of protection may also be shorter if it is shorter in the country of origin. There may also be variations in the term where a work was created before 1 January 1996.
But in general, the terms of protection in the UK are as follows:
* Copyright in a literary, dramatic, musical or artistic work lasts for the life of the author and 70 years from the end of the year in which he/she died.
* Copyright in a film expires 70 years after the end of the year in which the death occurs of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film.
* Copyright in a sound recording expires 50 years from the end of the year in which it was made or, if published in this time, 50 years from the end of the year of publication. If not published during that 50 year period, but it is played in public or communicated to the public during that period, 50 years from the first of these to happen.
* Copyright in a broadcast expires 50 years from the end of the year of making of the broadcast.
* Copyright in a published edition expires 25 years from the end of the year in which the edition was first published.
The above terms of protection were introduced or confirmed on 1 January 1996 when copyright terms throughout the EEA were harmonised. The above terms now apply to many works created before this date - further details of how the new copyright terms apply to such works are available on our extended/revived copyright page.
The term of protection is particularly complicated for photographs taken before 1 January 1996.
Written, Theatrical, Musical, Artistic and Film
The term of protection or duration of copyright varies depending on the type of copyright work. The term of protection in the UK for an original written (literary), theatrical (dramatic) musical or artistic work lasts for the life of the creator plus 70 years from the end of the year in which he/she died.
Similarly, copyright in a film runs out 70 years after the end of the year in which the death occurs of the last to survive of the principal director, the authors of the screenplay and dialogue, or the composer of any music specially created for the film.
Both software (computer programs) and databases are able to be protected as literary works.
Where two or more people have created a single work protected by copyright and where the contribution of each author is not distinct from that of the other(s), those people are generally joint authors and joint first owners. The term of copyright protection in such a work is calculated with reference to the date of the death of the last surviving author.
Any sound recording made of a song will be protected for a different period of time from the underlying music or lyrics.
You should also note that. for copyright works originating outside the UK or another country of the European Economic Area (EEA), the term of protection may be shorter if it is shorter in the country of origin. There may also be variations in the term where a work was created before 1 January 1996.
Sound recordings
There will usually be more than one copyright associated with a song. If you are the composer of the music you will be the author of the musical work and will have copyright in that music. The lyrics of the song are protected separately by copyright as a literary work and will usually be owned by the person who wrote them. The term of protection for an original musical and literary work is the creator's life plus 70 years from the end of the year in which he/she dies
If a song is recorded then copyright in this sound recording lasts for 50 years from the end of the year in which it was made or, if published in this time, 50 years from the end of the year of publication. If the recording is not published during that 50 year period, but it is played in public or communicated to the public during that period, then copyright will last for 50 years from when this happens.
Sound recordings do not have to be original but they will not be new copyright works if they have been copied from existing sound recordings.
Sound recordings may also contain performers' rights
Broadcasts
Copyright in a broadcast expires 50 years from the end of the year of the making of the broadcast.
A broadcast does not have to be original, but there will be no copyright, if, or to the extent that, it infringes copyright in another broadcast.
TV and films
For TV productions and films, copyright may exist on a number of its components, for example, the original screenplay, the music score and so on. If you produced the TV show or film then you would normally obtain the rights to, or gain permission to use, the works required to make the production.
You will not infringe the copyright in a broadcast if you make a recording of a TV programme in your own home to watch later. For any other use you may need the permission for the rights holder, unless copyright exceptions apply.
Broadcasts, which may be transmitted by cable or wireless means, including satellite broadcasts, but excluding most transmissions on the internet, afford copyright protection in addition to any copyright in the content of broadcasts such as films, music and literary material.
Films do not have to be original but they will not be new copyright works if they have been copied from existing films. Broadcasts do not have to be original, but there will be no copyright, if, or to the extent that, they infringe copyright in another broadcast.
Published editions
Copyright in the typographical arrangement of a published edition expires 25 years from the end of the year in which the edition was first published.
Published editions do not have to be original but they will not be new copyright works if the typographical arrangement has been copied from existing published editions.
This copyright should not be confused with the publication right.
Publication right
Publication right gives rights broadly equivalent to copyright, to a person who publishes for the first time a literary, dramatic, musical or artistic work or a film in which copyright has expired. However, there is one major difference, publication right only lasts for 25 years from the year of publication of the previously unpublished material.
It is important to note that the owner of publication right is the person who first publishes the unpublished material in which copyright has expired which will not necessary be the original owner of the copyright in the work.
This right should not be confused with the protection afforded published editions, details just above.
Database right
A database, that is a collection of data or other material that is arranged in such a way so that the items are individually accessible, may be protected by copyright as a literary work and/or database right. This protection can apply to both paper and electronic databases.
For copyright protection to apply, the database must have originality in the selection or arrangement of the contents and for database right to apply, there must have been a substantial investment in obtaining, verifying or presenting its contents. It is possible that a database will satisfy both these requirements so that both copyright and database right apply.
There is no registration for database right - it is an automatic right like copyright and commences as soon as the material that can be protected exists in a recorded form. However, the term of protection under database right is much shorter than under copyright. Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication.
Many databases are a collection of copyright works, such as a database of poetry from the last fifty years where each poem will also be protected by copyright. So people compiling databases need to make sure that they have permission from the copyright owners for use of their material and people using databases need to be aware of the rights of the owners of underlying works as well as database right owners.
Conditional access technology
Conditional access technology generally refers to technical measures, such as smart cards or other decoders, which allow users to view or listen to encrypted broadcasts.
Some broadcasts and other transmissions are in an encrypted form so that they can only be seen by a person who has the right decoding equipment, a system usually used when broadcasters wish to charge recipients of the transmission.
On payment of the appropriate fee a person is given or is entitled to use a decoder and view the transmission.
In the same way that people make illegal copies of copyright works, they may make unauthorised smart cards or other decoding equipment with the intention of selling them in competition with the legitimate decoders, and so depriving the broadcaster or cable operator of the payments that would normally be paid for reception of the transmissions.
The law therefore sets out in what circumstances it is illegal to make and sell or otherwise deal in unauthorised decoders: there may be criminal as well as civil penalties. If you use an illegal decoder to receive broadcasts you’re not entitled to, you may be committing an offence.
The Telecommunications UK Fraud Forum (TUFF) represents some makers of encrypted transmissions who are concerned about illegal decoders in the United Kingdom.
Performers' rights Click one of the following type buttons on the top left of your screen to return to a previous page
Performers are entitled to various rights in their performances, whether these take place on the stage, during a concert and so on. Performers also have rights in any recordings, films or broadcasts of their performances.
In many cases, but not always, the performance may be of a copyright work - literary, dramatic or musical - so the performers' rights will be in addition to the rights of copyright owners with respect to the performance and subsequent exploitation of any recording or broadcast of the performance.
A performer has the right to control the broadcasting of his or her live performance to the public. The permission of a performer must also be sought before a recording of the live performance is made. These are referred to as a performer's non-property rights.
Once a recording of the performance has been made, the performer's permission is also needed to make copies of that recording. A performer may be entitled to remuneration in respect of broadcasting, other types of communication to the public by electronic transmission, public performance and rental of those copies. These are a performer's property rights.
It will usually be necessary, therefore, to obtain permission from the performers in advance for activities that would infringe any of these rights.
A performer also has moral rights.
Moral rights Click one of the following type buttons on the top left of your screen to return to a previous page
Moral rights give the authors of literary, dramatic, musical, artistic works and film directors the right:
* to be identified as the author of the work or director of the film in certain circumstances, e.g. when copies are issued to the public.
* to object to derogatory treatment of the work or film which amounts to a distortion or mutilation or is otherwise prejudicial to the honour or reputation of the author or director.
In contrast to the economic rights under copyright, moral rights are concerned with protecting the personality and reputation of authors.
The right to be identified cannot be exercised unless it has been asserted, that is, the author or director has indicated their wish to exercise the right by giving notice to this effect (which generally has to be in writing and signed) to those seeking to use or exploit the work or film.
Moreover, the author or director can waive both the right to be identified and the right to object to derogatory treatment.
There are a number of situations within which these rights do not apply including:
* where the work is a computer program
* where ownership of a work originally vested in an author's employer
* where the material is being used in newspapers or magazines
* reference works such as encyclopaedias or dictionaries
Authors of literary, dramatic, musical and artistic works and film directors are also granted the moral right not to have a work or film falsely attributed to them.
Performers also have Moral rights which include the right:
* to be identified as the performer and
* to object to derogatory treatment of performance.
Moral rights last for as long as copyright lasts in the work although the creator may waive, that is choose not to exercise, his or her moral rights. Unlike copyright they cannot be sold or assigned to another person.
Ownership of copyright works Return to Top of Page
Creator and first owner
The creator of an original copyright work is usually the first owner. See below.
Works created for an employer
The same rule does not apply for works created by an employee in the course of his employment. See below.
Commissioned works
For some works the rule governing commissioned works changed in 1989. See below.
Joint authors
A single work may be created and owned by more than one person. See below.
Creator and first owner Click one of the following type buttons on the top left of your screen to return to a previous page
In the case of written (including software and databases) theatrical, musical or artistic (including photographic) works, the author or creator of the work is also the first owner of any copyright in it. The only exception to this is where the work is made by an employee in the course of his or her employment. In some situations two or more people may be joint authors and joint owners of copyright.
In the case of a film, the principal director and the film producer are joint authors and first owners of the copyright (and the economic rights). Similar provisions to those referred to above, apply where the director is employed by someone.
In the case of a sound recording the author and first owner of copyright is the record producer, in the case of a broadcast, the broadcaster; and in the case of a published edition, the publisher.
Copyright is, however, a form of property which, like physical property, can be bought or sold, inherited or otherwise transferred, wholly or in part. So, some or all of the economic rights may subsequently belong to someone other than the original creator or first owner. In contrast, the moral rights accorded to authors of literary, dramatic, musical and artistic works and film directors remain with the author or director or pass to his or her heirs on death. Such moral rights will last as long as copyright lasts provided the creator did not waive his moral rights.
Copyright in material produced by a Government department belongs to the Crown and the Office of Public Sector Information (OPSI) can provide more information about this.
Works created for an employer Click one of the following type buttons on the top left of your screen to return to a previous page
In the case of a written, theatrical, musical or artistic work, the author or creator of the work is also the first owner of any copyright in it. The only exception to this is where the work is made by an employee in the course of his or her employment.
Where a written, theatrical, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work (subject to any agreement to the contrary). In the course of employment is not defined by the Act but in settling disputes the courts have typically had to decide whether the employee was working under 'contract of service'.
Where a person works under a 'contract for services' he may be considered by the courts to be an independent contractor and his works may then be considered to be commissioned works.
An employer should keep careful records of which person(s) created the work for them which they own. The period of copyright protection may still be linked to the date of the death of the creator(s) - that is the employee(s).
Commissioned works Click one of the following type buttons on the top left of your screen to return to a previous page
When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing.
Even though the legal owner of copyright is the creator, it is possible that the commissioner may be considered by the courts to be the beneficial owner of copyright and therefore entitled to legal ownership. This could be where you intend to stop others using or copying the work that has been commissioned for instance a logo designed to be used as your trade mark.
Whilst it might sometimes be possible for a commissioner to argue that he is the beneficial owner of copyright, it is wiser that copyright issues are dealt with as part of the contract so that everyone knows where they stand. In copyright law, it is possible to set out beforehand who will be the owner of copyright in a work yet to be created. It is therefore sensible for an agreement about a commission to cover ownership of this future copyright if it is desired that you, rather than the creator, should be the owner. The agreement must be in writing signed by or on behalf of the creator to be effective. Commissioning contracts can also cover who is licensed to use the copyright material to be created
If the commissioning contract does not deal with copyright, it may still be possible for you to use the copyright work that you commissioned without seeking permission, but only for the specific purpose that was understood by everyone at the time of the commission (an implied licence could be argued to exist.) For any other uses, it will normally be necessary to ask the creator for permission.
Prior to 1 August 1989 though, the copyright in photographs, portraits and engravings (and only those types of work) which were created as a result of a commission were owned by the commissioner and NOT the creator. Therefore at that time, if you commissioned someone to take photographs for you for instance of your wedding party, then you would be the owner of the copyright in those photographs. The commission though must have been undertaken for money or money’s worth that is equivalent goods or services.
Joint authors Click one of the following type buttons on the top left of your screen to return to a previous page
Where two or more people have created a single work protected by copyright and the contribution of each author is not distinct from that of the other(s), those people are generally joint authors and joint first owners (although this might not apply where, for example, these people are employees).
Joint ownership might arise, for example, if a person was commissioned to create a website together with one of the company's employees. It is likely that both the person being commissioned, and the company, would be joint first owners of copyright in the website. If someone wanted to copy or use a work of joint ownership in some way, all of the owners would have to agree to such a request, otherwise an infringement of copyright could still occur.
On the other hand where individual contributions are distinct or separate, each person would be the author of the part they created for instance where the music and lyrics of a song are created by two different people. In these circumstances, if you wished to use just the lyrics you would only need the permission of the copyright owner of those, but copying of the whole song would obviously need the permission of the copyright owner of the music too.
Of course, ownership of copyright can be transferred, so where something is produced that has involved contributions from more than one person, it would be possible for copyright in all the material to be owned by one person as a result of appropriate transfers. Indeed, collaborators can agree in advance that copyright in what is to be produced should be owned by a single person or body. This could be helpful when permission needs to be given in the future. However, alternative solutions that might be equally helpful could involve all parties agreeing licensing arrangements in advance.
Managing your copyright Return to Top of Page
Copyright gives the owner numerous economic rights. In order to reap the benefit of those rights you will need to know how to use your copyright effectively.
Copyright is said to be infringed if someone uses the whole or a substantial part of a copyright protected work without the permission of the owner. In the situation where your copyright is infringed enforcing your right is therefore important.
Using and enforcing your copyright
Using your copyright
As a copyright owner you have the right to decide whether and how your copyright work is used. This may be by granting a licence to allow others to use your work or marketing your work yourself to try to gain rewards for your efforts. Details below.
Enforcing your copyright
This section contains details of how to enforce copyright when somebody uses your work without your permission. Details below.
Alternative Dispute Resolution / Mediation
Mediation is another route that we actively encourage. It is another way that parties can resolve their dispute. Details below.
Using your copyright Return to Top of Page
As a copyright owner you have the right to decide whether and how your copyright work is used. This may be by granting a licence to allow others to use your work or marketing your work yourself to try to gain rewards for your efforts.
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all.
Copyright material is usually the result of creative skill, significant labour and/or investment, and, without protection, it would often be very easy for others to exploit material without paying the creator.
Most uses of copyright material therefore require permission from the copyright owner. However there are exceptions to copyright, so that some minor uses may not infringe copyright.
Licensing your copyright
As a copyright owner, it is for you to decide whether and how to license use of your work.
An exclusive licence could be granted, but remember that this enables the licensee to use the copyright work to the exclusion of all others, including the copyright owner. Any licence agreed can relate to one or more of the economic rights and can also be limited in time or any other way. It is a contractual agreement between the copyright owner and user. Sometimes people may be able to argue that a copyright work is subject to an implied licence even when there has been no agreement about a licence.
Some people prefer to allow limited access to their work without charge. One way to do this is by using a Creative Commons Licence
Contractual agreement Click one of the following type buttons on the top left of your screen to return to a previous page
Unless a copyright owner is the only person going to use his or her copyright work then contracts are likely to be agreed at some point about the copyright work. General law such as company law and competition law may govern what is acceptable in a contractual agreement. A copyright owner may wish to seek advice from a lawyer, perhaps one specialising in copyright and contract law, before proceeding.
Contractual agreements are likely to be important when a copyright owner:
needs a partner to help exploit the copyright work;
wishes to negotiate the sale or other transfer of the copyright;
would like to agree a licence with someone else who wants to use the copyright work;
would like someone else, such as a collecting society, to administer some or all of the economic rights.
In some cases it might be important to obtain an agreement/contract of confidentiality while negotiating copyright matters, especially if the work has not been published.
Licensing your copyright Click one of the following type buttons on the top left of your screen to return to a previous page
As a copyright owner, it is for you to decide whether and how to license use of your work.
An exclusive licence could be granted, but remember that this enables the licensee to use the copyright work to the exclusion of all others, including the copyright owner. Any licence agreed can relate to one or more of the economic rights and can also be limited in time or any other way. It is a contractual agreement between the copyright owner and user. Sometimes people may be able to argue that a copyright work is subject to an implied licence even when there has been no agreement about a licence.
Some people prefer to allow limited access to their work without charge. One way to do this is by using a Creative Commons Licence
Implied licence Click one of the following type buttons on the top left of your screen to return to a previous page
An implied licence to use a copyright work might arise when there is nothing in writing granting you a licence and you have not even agreed a licence verbally with the copyright owner. However it is always better to ensure that any agreement about a licence is recorded in some way.
You will only be able to argue that you have an implied licence where all the circumstances suggest that the copyright owner expected you to use his or her copyright material in the way you are going to use it, even though this was never discussed and has not been written down anywhere.
What copyright can protect Return to Top of Page
Copyright can protect:
* literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database
* dramatic works, including dance or mime
* musical works
* artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos
* layouts or typographical arrangements used to publish a work, for a book for instance
* recordings of a work, including sound and film
* broadcasts of a work
You should only copy or use a work protected by copyright with the copyright owner's permission.
Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.
Other Peoples Copyright Click one of the following type buttons on the top left of your screen to return to a previous page
As well as owning copyright works yourself, you may wish to make use of someone else's copyright protected works. There are certain very specific situations where you may be permitted to do so without seeking permission from the owner, see below.
If your use does not fall within these exceptions then you may consider buying the copyright or, as is more usually the case, obtaining a licence from the owner for your agreed use.
Locating the copyright owner can sometimes be difficult but failure to get permission may result in legal action against you. Click here to view information on location a copyright owner.
Click here to view information on using and buying other people's copyright works.
Permitted uses of copyright works
You would not normally need to seek permission if you wish to use less than a substantial part of a copyright protected work. Additionally there are a number of exceptions in copyright law which allow limited use of copyright works without the permission of the copyright owner. These can be found in the copyright sections of the Copyright Designs and Patents Act 1988 (as amended) PDF document(1.27Mb)
Please note that this list is not exhaustive and particular care should be taken if you intend to rely on an exception:
* Non-commercial research and private study, see below
* Criticism, review and reporting current events, see below
* Teaching in educational establishments, see below
* Not for profit public playing of recorded music, see below
* Helping visually impaired people, see below
* Time shifting, see below
Certain exceptions require you to give sufficient acknowledgment when making use of a copyright protected work.
It is not an infringement of the copyright in a work if you draw, take a photograph or make a film of, buildings or sculptures or works of artistic craftsmanship which are located in a public places or in premises open to the public.
Copyright is not infringed in any material when it is used in legal proceedings.
Sufficient acknowledgment
In relation to certain exceptions, if you are making use of that exception to copy someone else's work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a sub-part of a work for the purposes of criticism and review or where the use was for the purposes of news reporting.
However acknowledgment is not required when used for reporting of current events by means of sound recording, film, broadcast or cable programme if it is impractical to include such an acknowledgement.
Note also, the exception relating to news reporting does not apply to the use of photographs.
Non-commercial research and private study
You are allowed to make single copies or take short extracts of works when the use is for research that you do not make any money from or for private study, for educational courses or even for use in connection with a hobby.
Limited use or fair dealing is only permitted for non-commercial research and private study when using literary (written), dramatic (theatrical), musical, artistic work (art, photographs etc) or the layout of a publication (the font size, font style, and so on).
The purpose of this exception is to provide students and non-commercial researchers more access to copyright works. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.
If your use is for non-commercial research and/or private study you must ensure that the work you reproduce is supported by a sufficient acknowledgment.
Fair dealing In certain circumstances, some works may be used if that use is considered to be 'fair dealing'. There is no strict definition of what this means but it has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use. Where the economic impact is not significant, the use may count as fair dealing.
So, it may be within the scope of 'fair dealing' to make single photocopies of short extracts of a copyright work for non-commercial research or private study, criticism or review, or reporting current events.
Criticism, review and reporting current events
Fair dealing for criticising or review and reporting current events is allowed for any type of copyright work (except a photograph) as long as it is with a sufficient acknowledgment.
As stated, a photograph cannot be reproduced for the purpose of reporting current events. The intention of the law is to prevent newspapers or magazines reproducing photographs for reporting current events which have appeared in competitor’s publications.
Teaching in educational establishments
A number of exceptions apply to schools, universities and other educational establishments. These are:
* Copying a literary (written), dramatic (theatrical performance), musical or artistic work (paintings, drawings, photographs, etc) in the course of teaching as long as a reprographic process is not used (reprographic process means using a fax machine, photocopier or any appliance which makes multiple copies). Therefore, this exception could cover teachers writing material on the board or an overhead projector and students making their own copies by writing, painting, typing, etc.
* Anything done for setting or answering examination questions (this does not include photocopying music that is to be performed in an exam)
* Performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children.
* Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment where there is no licensing scheme in existence. Generally a licence will be required from the Educational Recording Agency
Making copies by using a photocopier, fax, and so on, on behalf of an educational establishment for the purpose of non-commercial instruction generally requires a licence from the Copyright Licensing Agency.
In many cases use of the work must be accompanied by a sufficient acknowledgment.
Not for profit playing of recorded music
Generally, playing music or a sound recording in public requires a licence from the copyright owner or owners. In the UK, there are two representative bodies or collecting societies that issue a licence on behalf of their members, the copyright owners, for the use of music and sound recordings, respectively:
MCPS-PRS Alliance - represents the songwriters, the composers and the music publishers
Phonographic Performance Limited (PPL) - represents record companies and performers
However, under UK legislation, the following activities fall within the scope of certain exceptions to copyright, so, although a licence from MCPS-PRS Alliance is still necessary, a PPL licence will not be required;
* Playing sound recordings for the benefit of a not-for-profit club, society or other organisation having charitable purposes if its main objectives are charitable or are for promoting religion, education or social welfare. Any charges made or proceeds must be just for the organisation. Furthermore, the person playing the sound recording must be acting purely for the benefit of the organisation.
* Playing broadcasts that include sound recordings in a public place where the public have not paid for admission and the playing forms part of the activities of a not-for-profit organisation or it is necessary for the purposes of demonstrating or repairing televisions and radios. (This also does not infringe copyright in the broadcast and any film included in these). Note that paying for admission includes paying for goods or services at premium rates due to the playing of the broadcast and so on.
Helping visually impaired people
The exception covers you if you:
* Are visually impaired, blind or partially sighted
* Cannot focus or move your eyes
It allows you to make a copy of a lawfully obtained copyright work if you make it into a format that helps you read the material.
For example, if you buy a book from a shop then make a Braille copy to help with your visual impairment then you are not infringing the copyright in the book.
This is a general rule. You should understand the limitations and conditions before seeking to rely upon this exception.
One-for-one exception
This exception generally removes the need to seek permission from the copyright owners before you make an accessible copy for your personal use, or you make an accessible copy for someone else who is visually impaired.
The one-for-one exception applies to you as a visually impaired person when:
* You cannot read a book, magazine, newspaper or other text based copyright material that you loaned or bought
* You cannot read the material in a reference library.
The copyright material does not have to be published for the exception to apply.
This exception also makes it possible for others such as teachers, parents, friends, carers and librarians to help you make an accessible copy to overcome your visual impairment. For example:
* Braille
* large print
* audio tape
* a digital copy compatible with screen-reading technology.
One-for-one exception for visually impaired people
The following will help you decide if what you want to do falls within the scope of the ‘one-for-one’ exception:
You are entitled to make an accessible copy, or have someone else make one for you if:
* you are visually impaired (in a way that cannot be corrected by use of lenses)
* you lawfully have, or have the right to use, a ‘master copy’ which is inaccessible because of your visual impairment (for example, you own it or have borrowed it from a library, school or friend)
* a copy that would be reasonably accessible to you is not commercially available (which might mean that you will have to ask the publisher or library if there is a large print version for example which you could manage to read comfortably, and with the same degree of flexibility available to readers who are not visually impaired).
You are not allowed to make an accessible copy if:
* you make changes not needed to overcome your visual impairment
* it involves recording a performance of a musical work (but you can still make an enlarged photocopy of sheet music for example)
* it involves copying a database.
When making an accessible copy you must always:
* put a statement on the copy that it is made under section 31A of the Copyright, Designs and Patents Act 1988
* acknowledge the title and author on the accessible copy.
Please note that no-one can make a profit out of helping you make an accessible copy, but anyone can help you and you can pay them enough to cover the costs of what they do for you.
If you make an accessible copy, it must remain with the original, so you are not permitted to borrow a book, make an accessible copy for yourself and then return the book to its owner
Time-shifting
A recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time.
This time-shifting exception does not however cover the making of recordings for placing in a collection for repeated viewing or listening. The making of a recording for purposes other than to time-shift a programme for your or your family is likely to be illegal.
Sufficient acknowledgment Click one of the following type buttons on the top left of your screen to return to a previous page
In relation to certain exceptions, if you are making use of that exception to copy someone else's work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a sub-part of a work for the purposes of criticism and review or where the use was for the purposes of news reporting.
However acknowledgment is not required when used for reporting of current events by means of sound recording, film, broadcast or cable programme if it is impractical to include such an acknowledgement.
Note also, the exception relating to news reporting does not apply to the use of photographs.
Enforcing copyright Click one of the following type buttons on the top left of your screen to return to a previous page
Copyright is essentially a private right so decisions about how to enforce your right, that is what to do when your copyright work is used without your permission, are generally for you to take.
Where the whole or a substantial part of your work has been used without your permission and none of the exceptions to copyright apply, your copyright is said to have been infringed.
Although you do not have to, it will usually be sensible, and save you time and money, to try to resolve the matter with the party you think has infringed your copyright. In some cases it may be necessary to show the court that you have tried to solve the matter with the other party for instance through mediation, before starting court proceedings.
If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage, and to consider alternative solutions such as mediation before going to court.
One of the many organisations representing copyright owners may also be able to give you advice, or, if you are a member, sometimes act on your behalf.
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 the goods to the copyright owner.
Deliberate infringement of copyright on a commercial scale may be a criminal offence when additional remedies are also available.
Substantial part Click one of the following type buttons on the top left of your screen to return to a previous page
Copyright is infringed where either the whole or a substantial part of a work is used without permission, unless the copying falls within the scope of one of the copyright exceptions.
A substantial part is not defined in copyright law but has been interpreted by the courts to mean a qualitatively significant part of a work even where this is not a large part of the work. Therefore, it is quite likely that even a small portion of the whole work will still be a substantial part.
All the other economic rights also apply where the whole or a substantial part is to be used, but it is worth considering whether the use falls within the scope of any of the copyright exceptions.
Copyright crime - additional remedies Click one of the following type buttons on the top left of your screen to return to a previous page
Copyright is essentially a private right so decisions about how to enforce the right, that is what to do when your copyright work is used without your permission, are generally for you to take. (The Copyright Protection Service offers free legal advice for members from the specialist copyright team at law firm Silverman Sherliker, it is free to join. Click here to join)
Deliberate infringement of copyright on a commercial scale may be a criminal offence. This activity is usually known as copyright piracy and is often also linked to wilful infringement of trade marks known as counterfeiting where criminal offences also exist. Piracy and counterfeiting are often also referred to as intellectual property or IP crime.
So, if the infringement of your copyright work is intentional, is on a large scale and copies of your work are being made for sale, being imported, distributed, sold or put on the internet, then it may be worth informing the Police or your local Trading Standards Department. They can decide whether action by them, including possible prosecution, is justified.
However, they are unlikely to be able to take any action at all unless you are able to co-operate fully, including by providing good intelligence about the crime, helping to identify infringing goods, assisting with the preparation of evidence, being prepared to appear in court and so on.
Further information on deliberate copyright infringement on a commercial scale can be found on the What is IP crime? for more information.
What is IP crime?
If you own an intellectual property (IP) right such as a copyright, design, patent or trade mark, then others can not manufacture, use, sell or import it without prior permission. Unauthorised use of someone's IP can be classed as IP crime and may lead to prosecution.
Counterfeiting generally relates to wilful trade mark infringement, while piracy generally relates to wilful copyright infringement.
Examples of counterfeiting could be:
clothing
footwear
handbags
perfume
automotive parts
pharmaceuticals
For more information, see trade mark crime.
Examples of piracy could be:
Digital Versatile Discs (DVD's)
Compact Discs (CD's)
unauthorised downloading of music from the internet
Software
For more information, see copyright crime.
There is a fine line between counterfeiting and piracy and it’s not uncommon for the two to overlap.
How do you enforce your IP rights?
As an IP right owner you can show your IP is protected and take legal action using civil law provisions to seek injuctions and or claim damages if your IP right is infringed.You should seek advice from a legal professional (such as a Patent or Trade Mark attorney) before entering into any disputes. You can safeguard against legal costs by taking out an insurance policy. If you wish to join CopyrightProtectionService.com, membership of our site is free and includes free expert copyright advice from the copyright law specialist team of legal firm Silverman Sherliker. The copyright specialist team of Silverman Sherliker have been named as "a leader in their field" by leading law directory Chambers. Click here to register now for free.
The unauthorised use of your IP is a criminal offence in some instances and can lead to prosecution under Section 94 of the Trade Mark Act in relation to Trade Mark infringement, and Sections 107A and 198 of the Copyright, Design, and Patent Act in relation to Copyright infringement.
It may be worthwhile, however, for you to try and find a solution with the infringer before taking any potentially costly legal action, see mediation below
How do you report IP crime?
We are not a prosecuting agency, so we cannot provide advice to either party.
Mediation Click one of the following type buttons on the top left of your screen to return to a previous page
What is mediation?
Mediation is one form of Alternative Dispute Resolution (ADR). It allows opposing parties to talk about their dispute and, hopefully, come to an agreement without the need for a court hearing. The mediator’s job is not to reach a decision on the dispute but to help the parties work out possible solutions to it.
Why use mediation?
Mediation requires the agreement of both parties and allows a worldwide dispute to be settled in one course of action.
It can cover a broader range of issues than those that are the subject of the litigation.
It settles disputes more quickly.
It contributes to the more efficient use of judicial resources.
An agreement reached through Mediation can be positive for all parties involved. For example, so called "win win" results of licensing or supply contracts that the courts cannot award.
For more information contact:
Search and Advisory Service
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
Tel: +44 (0)1633 811010
Fax: +44 (0)1633 811020
Other people's copyright works and gaining permissions Return to Top of Page
Using and buying other people's copyright works
Copyright is a type of intellectual property. Like physical property, it cannot usually be used without the owner's permission. Of course, the copyright owner may refuse to give permission for use of their work.
It is important to remember that just buying or owning the original or a copy of a copyright work does not give you permission to use it how you wish. For example, buying a copy of a book, CD, video, computer program and so on, does not necessarily give you the right to make extra copies (even for private use), or to play or show them in public.
Other everyday uses of copyright material, such as photocopying, scanning, downloading from a CD-ROM or on-line database, all involve copying the work so permission from the copyright owner is generally needed. Also use going beyond any agreed licence that you have already got will require further permission.
Some minor uses may fall within the scope of one of the exceptions to copyright, but if you want to use a copyright work, you will usually need to approach the copyright owner and ask to purchase the actual copyright in the work or, as is more usual, negotiate a licence to cover the use you intend to make of the work.
A licence is a contract between you and the copyright owner and it is for both parties to negotiate the terms and conditions, including the payment or royalty for the use. There are no rules in copyright law governing what may be acceptable terms and conditions, but other law, particularly competition law, might be relevant to licence agreements. Sometimes copyright owners act collectively to licence certain uses and collective licensing bodies can be approached for a licence. There are many organisations that represent copyright owners and users.
Like any form of property copyright can be bought, sold, transferred, inherited, and so on. If you wish to buy someone's copyright there would need to be a written, signed contract stating the transfer of right to you has taken place. This is known as an assignment.
You should note that with certain copyright material even if the creator sells the copyright in the work to you they will still have moral rights. This means that for instance the creator will still have the right to be identified as the author (providing he had claimed that right previously) and to object to any derogatory treatment of the work. Moral rights in a work can not be transferred or 'assigned' but a creator is entitled to waive that is chose not to exercise those rights. This would again have to be in writing.
Obtaining a licence from a copyright owner
If you want to use a work that is under copyright, it is likely that you will need to approach the copyright owner in order to obtain a licence unless one of the exceptions to copyright that may allow you to use a limited amount of the work applies.
Exclusive licence
An exclusive licence could be granted, but remember that this enables the licensee to use the copyright work to the exclusion of all others, including the copyright owner. Any licence agreed can relate to one or more of the economic rights and can also be limited in time or any other way. It is a contractual agreement between the copyright owner and user.
Limited use licence
Often a copyright owner will only give permission for some uses of a work, for example, publication of a photograph in a particular newspaper, and if you want to use the work in any other way, for example, by publishing the photograph in a magazine, you will need to seek further permission.
Creative commons licence
Some people prefer to allow limited access to their work without charge. One way to do this is by using a Creative Commons Licence.
Collecting Societies
In some situations, copyright owners find it difficult to license use of their works by themselves and so they have formed organisations, called collecting societies or collective licensing bodies. These act collectively on their behalf to give permissions, grant licences and collect royalties. Further information on collecting societies is available below.
Organisations representing copyright owners
Many groups of copyright owners are represented by a collecting society. A collecting society will be able to agree licences with users on behalf of owners and will collect any royalties the owners are owed. In many cases a collecting society will offer a blanket licence for all the works by owners it represents, for example for music to be played in a shop or restaurant.
There are many collecting societies who operate for various types of copyright material:
* Music and sound recordings
* Printed material
* Artistic works and characters
* Broadcast material
* TV listings
* Film
Locating a copyright owner
If you want to use someone else's material which is still protected by copyright, and if there is no exception to copyright which covers the situation, you need to seek the permission of the right holder.
You may therefore need to consider who owns or controls the rights in the material. This person could be:
* the creator of the material or his heirs, or
* the creator's employer, or
* anyone else to whom the rights in the material have been sold, or otherwise transferred or licensed, or
* a collective licensing society which has been asked to collect fees on behalf of the rights holder.
You should remember that as copyright is an automatic right, there are no registers that can be checked to locate the creator or right holder in a work. There are though organisations representing copyright owners who may be able to assist you in tracking them down.
The copyright protection for many works will continue for 70 years after the creator or owner of the rights in a work has died. The rights will have transferred to someone else, perhaps through testamentary deposition (a will) or by inheritance. If there was no will, or if the creator of the work has not specified where the rights in the material should go, then the normal rules of inheritance will apply. (These rules are not specific to copyright, and advice should be sought from a legal adviser.)
When a company goes out of business or ceases trading, any copyright it may own continues for the customary copyright duration. The rights will be part of the assets of the company, and may be sold or otherwise dealt with by the company or its liquidator, etc.
If you wish to trace a right holder, there is no official body that can help you directly, but you could try the following:
* Contact the appropriate collecting society (see the above link).
* Contact the creator's publisher, agent, representative etc.
* Carry out internet searches on various search engines.
* Establish any family connection.
* Use the WATCH External Link file, (Writers, Artists and Their Copyright Holders) - a joint project of the University of Reading, in the United Kingdom, and the University of Austin, Texas, USA. They hold a list of some right holder contacts for some authors and artists.
Please note that if you are having difficulty locating a right holder, you should keep good records of your efforts. (This will help to show that you have been trying to act in good faith.) If you are unsuccessful in tracing the right holder, and still wish to proceed with your project, you should do so with caution. You may wish to set aside an appropriate fee for the use of the work in a special bank account, and, when you use the work, apply a statement indicating that you have tried to trace the right holder, but have failed to do so, and then invite any legitimate right holder to contact you. You should bear in mind that should the right owner appear, they may consider suing you for infringement of their rights, and in such a case you would want to show the right holder, and perhaps the courts, that you have acted in good faith and have made reasonable efforts to try to track down the right holder.
Music and sound recordings
If you wish to use music and/or a sound recording that falls within the scope of the economic rights but not one of the exceptions to copyright, you may need one or more licences from one or more of the following collective licensing bodies:
* Public performance, broadcasting and use in a cable programme of most music is licensed by the Performing Right Society (PRS) ;
* Making mechanical copies (recording) music is licensed by the Mechanical-Copyright Protection Society (MCPS);
* Public performance, broadcasting, use in a cable programme and making mechanical copies (dubbing) of sound recordings is licensed by Phonographic Performance Limited (PPL) ;
* Public performance and broadcasting of music videos is licensed by Video Performance Limited (VPL) ;
* Copying of religious music is licensed by Christian Copyright Licensing (Europe) .
It is important to note that the use of a sound recording may require more than one licence, because there are several different rights associated with a sound recording. PRS represent the authors and music publishers who own the copyright in the lyrics and composition. PPL represent the record company and the performer who own the copyright in the sound recording and performance.
If you are unhappy about the terms and conditions offered by a collective licensing body, you may be able to seek independent adjudication on the matter from the Copyright Tribunal.
If you wish to use music and there is no collective licensing, you may be able to obtain a licence from the copyright owner.
Printed material
If you wish to use material published in books and journals that falls within the scope of the economic rights but not one of the exceptions to copyright, in some cases a licence may be offered by a collective licensing body:
* Photocopying, digitisation and some other uses of much literary material is licensed by the Copyright Licensing Agency (CLA) External Link. Copying of some artistic works may be included;
* Other use of artistic works may be licensed by the Design and Artists Copyright Society (DACS) ;
* Photocopying of many newspapers is licensed by the Newspaper Licensing Agency (NLA) ;
* The Authors Licensing and Collecting Society (ALCS) External Link may be able to help with other licences from authors;
* The Publishers Licensing Society (PLS) External Link may be able to help with other licences from publishers;
* Use of some TV programme listings is licensed by Broadcasting Dataservices ;
* Copying of religious music is licensed by Christian Copyright Licensing International (CCLI) .
If you are unhappy about the terms and conditions offered by a collective licensing body, you may be able to seek independent adjudication on the matter from the Copyright Tribunal.
If you wish to use published material and there is no collective licensing, you may be able to get a licence from the copyright owner and one of the above organisations.
You can also search the WATCH External Link database or the records of the United States Copyright Office to help you locate the copyright owner.
Artistic works and characters
If you wish to use artistic works that fall within the scope of the economic rights but not one of the exceptions to copyright, you may, in some cases, be able to acquire a licence from a collective licensing body:
* Licences for use of much artistic material may be available from the Design and Artists Collecting Society (DACS)
* Copyright Promotions, The Copyrights Group and HIT Entertainment license use of a number of characters.
If you are unhappy about the terms and conditions offered by a collective licensing body, you may be able to seek independent adjudication on the matter from the Copyright Tribunal.
Copyright in broadcast material
Copyright can subsist in either terrestrial or satellite broadcasts. Most broadcasters act for themselves in respect of their copyright. The main exception is with reference to educational recording off-air by educational establishements.
If you wish to use broadcast material that falls within the scope of the economic rights but not one of the exceptions to copyright, in some cases a licence may be offered by a collective licensing body:
* The Educational Recording Agency licences the recording off-air by educational establishments for non-commercial educational purposes of much broadcast material
* Open University Worldwide licences the recording off-air by educational establishments for non-commercial educational purposes of Open University programmes.
In other cases you will need to approach the right broadcaster for permission to use the material.
You should note that you will usually need to get permission from the owners of copyright in the content of a broadcast as well as the broadcast itself, for example content such as music, films, sound recordings, literary works and so on, although the broadcaster should be able to tell you whether this is necessary.
Before seeking a licence, though, you might wish to see if your use falls within one of the exceptions, in particular:
* the private use exception covering time-shifting,
* the exception covering fair dealing for reporting current events or
* the exception applying to playing or showing in public broadcasts which may include music or film.
TV listings
Although TV listings, that is details of the programmes to be shown on television or heard on radio over the next day or week, are usually protected by copyright, there are special provisions applying to their use.
If you are a publisher of a newspaper or magazine, you can use the listings of any channel as a licence of right. However, in the absence of agreement over the terms and conditions for such use, including the royalty to be paid, the matter can be referred to the Copyright Tribunal for independent adjudication.
Most TV listings are licensed through the following collecting society:
* Broadcasting Dataservices
If you are unhappy about the terms and conditions offered by a collective licensing body, you may be able to seek independent adjudication on the matter from the Copyright Tribunal.
Film
If you wish to use a film in a way that falls within the scope of the economic rights but not one of the exceptions to copyright, in some cases a licence may be offered by a collective licensing body:
Filmbank External Link, Motion Picture Licensing Corporation External Link may be able to license the showing of a film in public in such places as clubs, coaches, restaurants, village halls and schools (but note that a licence may not be needed where the showing in a school is for educational purposes and has a specific audience). You should check what films each organisation licences to make sure you get the correct licence.
ComPact Collections may be able to help license cable retransmission rights on behalf of producers.
Video Performance Limited licenses certain uses of music videos.
If you are unhappy about the terms and conditions offered by a collective licensing body, you may be able to seek independent adjudication on the matter from the Copyright Tribunal.
In other cases you will need to approach the owner of rights in the film, often the producer or UK distributor, for permission to use the material. You should note that you may need to get permission from the owners of copyright in the content of a film as well, particularly those who own rights in the music.
Database right
A database, that is a collection of data or other material that is arranged in such a way so that the items are individually accessible, may be protected by copyright as a literary work and/or database right. This protection can apply to both paper and electronic databases.
For copyright protection to apply, the database must have originality in the selection or arrangement of the contents and for database right to apply, there must have been a substantial investment in obtaining, verifying or presenting its contents. It is possible that a database will satisfy both these requirements so that both copyright and database right apply.
There is no registration for database right - it is an automatic right like copyright and commences as soon as the material that can be protected exists in a recorded form. However, the term of protection under database right is much shorter than under copyright. Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication.
Many databases are a collection of copyright works, such as a database of poetry from the last fifty years where each poem will also be protected by copyright. So people compiling databases need to make sure that they have permission from the copyright owners for use of their material and people using databases need to be aware of the rights of the owners of underlying works as well as database right owners.
Conditional access technology
Conditional access technology generally refers to technical measures, such as smart cards or other decoders, which allow users to view or listen to encrypted broadcasts.
Some broadcasts and other transmissions are in an encrypted form so that they can only be seen by a person who has the right decoding equipment, a system usually used when broadcasters wish to charge recipients of the transmission.
On payment of the appropriate fee a person is given or is entitled to use a decoder and view the transmission.
In the same way that people make illegal copies of copyright works, they may make unauthorised smart cards or other decoding equipment with the intention of selling them in competition with the legitimate decoders, and so depriving the broadcaster or cable operator of the payments that would normally be paid for reception of the transmissions.
The law therefore sets out in what circumstances it is illegal to make and sell or otherwise deal in unauthorised decoders: there may be criminal as well as civil penalties. If you use an illegal decoder to receive broadcasts you’re not entitled to, you may be committing an offence.
The Telecommunications UK Fraud Forum (TUFF) represents some makers of encrypted transmissions who are concerned about illegal decoders in the United Kingdom.
Copy protection devices
For copyright material issued to the public in an electronic form, you may decide to use technical measures so that it is not possible to make a copy of your material, that is, it is copy-protected.
It is also possible for you to use other technological measures to prevent other types of illegal uses of copyright material.
Where you have sold copies that are protected by technical measures, you may have the right to take action against a person who gets round or who makes, sells or otherwise deals in devices or means specifically designed or adapted to get round, the technical measures.
The right to take action is equivalent to the rights you have when suing for infringement of your copyright in the civil courts. Criminal offences may also apply to those who deal in the means to get round technical measures.
Copy protection devices
For copyright material issued to the public in an electronic form, you may decide to use technical measures so that it is not possible to make a copy of your material, that is, it is copy-protected.
It is also possible for you to use other technological measures to prevent other types of illegal uses of copyright material.
Where you have sold copies that are protected by technical measures, you may have the right to take action against a person who gets round or who makes, sells or otherwise deals in devices or means specifically designed or adapted to get round, the technical measures.
The right to take action is equivalent to the rights you have when suing for infringement of your copyright in the civil courts. Criminal offences may also apply to those who deal in the means to get round technical measures.
Copyright abroad Return to Top of Page
Usually your copyright work will be protected abroad automatically in the same way that it is protected in the UK.
The UK is a member of many international agreements including the Berne Convention, where the national law of each country automatically protects copyright works which are eligible for protection, under the rules of other countries who have signed these agreements.
Most countries, including all western European, the USA and Russia, now belong to the Berne Convention. Under this agreement, you do not have to mark your work in any way for automatic protection to apply. However, it is sensible to mark your work with the international © symbol, followed by the name of the copyright owner and year in which the work was created.
The USA does have an official register External Link of copyright works, although registration is not actually needed to qualify for copyright protection in the USA (or indeed any country that is a signatory of the Berne Convention).
Protection abroad can also arise from obligations in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. This forms part of the World Trade Organisation (WTO) External Link agreement and may protect your work automatically. Details of the TRIPS agreement and a list of these countries are on their website.
Enforcing copyright abroad
Most countries of the world are members of one or more international agreements. This means automatic protection in all member countries for works created in the UK.
As such all the Western European countries, the USA and Russia offer automatic protection. For a full list please see the WIPO, WTO and UNESCO websites.
The most notable agreement is the Berne Convention, which the World Intellectual Property Organisation (WIPO) administers.
Other protection Return to Top of Page
The Copyright, Designs and Patents Act 1988 (as amended) sets out a number of other important rights associated with the creation of works:
Moral rights
Moral rights, such as the right to object to the derogatory treatment of your work, last for as long as copyright lasts in the work. Moral rights cannot be sold or transferred but the the creator can waive or chose not to exercise them.
Performers' rights
Performers have various rights in their performances as well as in the recordings or broadcasts of their performances.
Publication right
Publication right gives you rights equivalent to copyright if you publish for the first time a literary, dramatic, musical or artistic work or a film in which copyright has expired.
Database right
In addition to or instead of copyright protection, a database may be protected by the 'database right'. This is intended to protect and reward investment in the creation and arrangement of databases.
Conditional access technology
Conditional access technology generally refers to technical measures, such as smart cards or other decoders, which allow you to view or listen to encrypted broadcasts.
Copy protection devices
For copyright material issued to the public in an electronic form, you can use technical measures so that it is not possible to make a copy of the material, that is, it is copy-protected.
Moral rights Click one of the following type buttons on the top left of your screen to return to a previous page
Moral rights give the authors of literary, dramatic, musical, artistic works and film directors the right:
* to be identified as the author of the work or director of the film in certain circumstances, e.g. when copies are issued to the public.
* to object to derogatory treatment of the work or film which amounts to a distortion or mutilation or is otherwise prejudicial to the honour or reputation of the author or director.
In contrast to the economic rights under copyright, moral rights are concerned with protecting the personality and reputation of authors.
The right to be identified cannot be exercised unless it has been asserted, that is, the author or director has indicated their wish to exercise the right by giving notice to this effect (which generally has to be in writing and signed) to those seeking to use or exploit the work or film.
Moreover, the author or director can waive both the right to be identified and the right to object to derogatory treatment.
There are a number of situations within which these rights do not apply including:
* where the work is a computer program
* where ownership of a work originally vested in an author's employer
* where the material is being used in newspapers or magazines
* reference works such as encyclopaedias or dictionaries
Authors of literary, dramatic, musical and artistic works and film directors are also granted the moral right not to have a work or film falsely attributed to them.
Performers also have Moral rights which include the right:
* to be identified as the performer and
* to object to derogatory treatment of performance.
Moral rights last for as long as copyright lasts in the work although the creator may waive, that is choose not to exercise, his or her moral rights. Unlike copyright they cannot be sold or assigned to another person.
Performers' rights
Performers are entitled to various rights in their performances, whether these take place on the stage, during a concert and so on. Performers also have rights in any recordings, films or broadcasts of their performances.
In many cases, but not always, the performance may be of a copyright work - literary, dramatic or musical - so the performers' rights will be in addition to the rights of copyright owners with respect to the performance and subsequent exploitation of any recording or broadcast of the performance.
A performer has the right to control the broadcasting of his or her live performance to the public. The permission of a performer must also be sought before a recording of the live performance is made. These are referred to as a performer's non-property rights.
Once a recording of the performance has been made, the performer's permission is also needed to make copies of that recording. A performer may be entitled to remuneration in respect of broadcasting, other types of communication to the public by electronic transmission, public performance and rental of those copies. These are a performer's property rights.
It will usually be necessary, therefore, to obtain permission from the performers in advance for activities that would infringe any of these rights.
A performer also has moral rights.
Publication right
Publication right gives rights broadly equivalent to copyright, to a person who publishes for the first time a literary, dramatic, musical or artistic work or a film in which copyright has expired. However, there is one major difference, publication right only lasts for 25 years from the year of publication of the previously unpublished material.
It is important to note that the owner of publication right is the person who first publishes the unpublished material in which copyright has expired which will not necessary be the original owner of the copyright in the work.
This right should not be confused with the protection afforded published editions
Published editions
Copyright in the typographical arrangement of a published edition expires 25 years from the end of the year in which the edition was first published.
Published editions do not have to be original but they will not be new copyright works if the typographical arrangement has been copied from existing published editions.
This copyright should not be confused with the publication right
What is a trade mark? Return to Top of Page
A trade mark is a sign which can distinguish your goods and services from those of your competitors. It can be for example words, logos or a combination of both. Membership of CopyrightProtectionService.com is free and includes free expert copyright advice from the copyright law specialist team of legal firm Silverman Sherliker. The copyright specialist team of Silverman Sherliker have been named as "a leader in their field" by leading law directory Chambers. Click here to register now for free
You can use your trade mark as a marketing tool so that customers can recognise your products or services.
A trade mark must be:
distinctive for the goods and services you provide. In other words it can be recognised as a sign that differentiates your goods or service as different from someone else's.
Trade marks are not registrable if they:
describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
have become customary in your line of trade;
are not distinctive;
are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods;
are specially protected emblems;
are offensive;
are against the law, for example, promoting illegal drugs; or;
are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.
A registered trade mark must be renewed every 10 years to keep it in force.
Standard trade marks make up the vast majority of marks accepted but there are other marks, described below, which indicate particular standards for goods, or that the owner of the mark is a member of an organisation. You may want to find out more about these other marks before deciding whether you want to register your mark. If you have a company name registered with Companies House, this does not mean that you have a trade mark.
Different types of trade marks
The vast majority of goods and services are covered by 'regular’ trade marks. These marks function to indicate the trade origin, in other words they link the owner of the mark to the goods or services, and the goods or services to the owner.
However, there are certain marks that do not have the same function as a regular trade mark. We call these Certification marks or Collective marks.
Certification marks
A certification mark is a specific type of mark. They provide a guarantee that the goods or services bearing the mark meet a certain defined standard or possess a particular characteristic.
The owner of the mark will define those standards or characteristics.
Such marks are usually registered in the name of trade associations, government departments, technical institutes or similar bodies.
Collective marks
A collective mark is a specific type of trade mark which indicates that the goods or services bearing the mark originate from members of a trade association, rather than just one trader.
Internet Domain Names
A domain name is a name by which a company or organization is known on the Internet. It usually incorporates the company name, or other identifier.
Being the owner of a registered trade mark, does not automatically entitle you to use that mark as a domain name. The main reason being, that the same trade mark can be registered for different goods or services and by different proprietors. Also, someone may have already, and quite legitimately, registered the domain name, perhaps with its use being connected with unregistered goods or services.
The opposite also applies, if your domain name has been properly registered, it does not automatically follow that a similar trade mark will satisfy the requirements for trade mark registration, and/or it may be confusingly similar to someone else’s earlier trade mark.
If you feel that a domain name has been registered unlawfully or maliciously we suggest that you take appropriate legal advice. Alternatively, you can get advice from Nominet UK, who also offer a Dispute Resolution Service.
About trade mark protection and benefits Return to Top of Page
Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom (UK).
If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered is an offence.
A registered trade mark:
* may put people off using your trade mark without your permission
* allows you to take legal action against anyone who uses your trade mark without your permission
* allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark
* is your property, which means you can sell it, or let other people have a licence that allows them to use it.
Protecting unregistered trade marks
If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off.
To be successful in a passing off action, you must prove that:
* the mark is yours
* you have built up a reputation in the mark
* you have been harmed in some way by the other person's use of the mark.
It can be very difficult and expensive to prove a passing off action.
If you register your trade mark, it is easier to take legal action against infringement of your mark, rather than having to rely on passing off.
How do I protect my unregistered trade mark?
Section 5(4)(a) of the Trade Marks Act 1994 prevents the registration of a mark by virtue of passing off.
You or your company must prove, through factual evidence, that
* you have an established trade mark that has acquired a reputation and/or goodwill in the mind of the relevant public;
* the offending trade mark has been, or is likely to be, confused with your established trade mark; and
* your business under your established trade mark has been, or is likely to be, "damaged” by use of the offending trade mark.
Damage must be in the form of lost business or revenue.
Can I expect any compensation?
Whilst the concept of tort refers to a person obtaining compensation from the person who causes you injury, we cannot provide a judgment that gives you any financial compensation.
If the proceedings before us are successful, the compensation is that the offending trade mark will not be registered or is removed from our register.
Passing off
If you have not registered your trade mark you may still be able to take action against someone who uses your mark on his or her goods or services without your permission, using the common law of passing off.
To be successful in a passing off action, you must prove that:
* the mark is yours
* you have built up a reputation in the mark
* you have been harmed in some way by the other person's use of the mark
It can be very difficult, and as a result, expensive to prove a passing off action.
If you register your mark, it is easier to take legal action. This allows you to take legal action against infringement of your trade mark, rather than using passing off. Further information is available under Benefits of registered trade mark protection.
Trade marks abroad Return to Top of Page
If you want to use your trade mark in countries other than the United Kingdom, you can apply directly to the Trade Mark Office in each country.
You can use a single application system to apply for an International trade mark (for certain countries throughout the world), or a Community trade mark. (for protection in Europe)
Both these single application systems cover many countries including the United Kingdom and offer a number of other potential benefits, including:
* less to pay;
* less paperwork;
* lower agents' costs;
* faster results;
* easy application
The International route
You can apply to register your trade mark through the International route in countries which are party to the Madrid Protocol through the World Intellectual Property Organisation (WIPO). Currently more than 70 countries are members, including the United States of America, Australia and members of the European Union (EU).
The European route
You can apply for a European Community trade mark through the European route via the Office for Harmonization in the Internal Market (trade marks and designs)(OHIM). The Community trade mark gives protection in all European Union (EU) countries. Using and buying trade marks
Other People's Trademarks Return to Top of Page
You may be able to buy or use other people’s trade marks.
If you want to use other people’s trade marks, you usually need permission. If you use registered trade marks without permission, you are infringing the trade mark and the owner can take legal action against you and claim damages.
If you want to use a registered trade mark, you can approach the owner to agree a licence with them.
You may also be able to buy the trade marks rights from the owner. This results in transferring the ownership, or assigning it, to you.
Infringing
If you use an identical or similar and confusable trade mark for identical or similar goods or services to a trade mark already in use - you are likely to be infringing the earlier mark.