What is Copyright?

Copyright gives the creators of certain kinds of material rights to control ways their material can be used. These rights start as soon as the material is recorded in writing or in any other way. There is no official registration system. The rights cover:

• copying;
• adapting;
• distributing;
• communicating to the public by electronic transmission (including by broadcasting and in an on demand service);
• renting or lending copies to the public; and,
• performing in public

In many cases, the author will also have the right to be identified on their works and to object if their work is distorted or mutilated.

Protecting your intellectual property

1 – Copyright is not registerable (so keep the evidence that you created the work in the first place) but you can assert copyright ownership by putting a notice on each copy of your work. © - name of owner / year of publication.

2 – Copyright comes into existence when a work is created – whether that is design work, music, photographs, scripts, software or film. – You have to create the work in order to acquire copyright - you need to actually do it rather than just talk about it.

3- Copyright is not a monopoly right – but a right to stop other people copying your work, or issuing copies to the public, performing, transmitting or adapting it (if someone else comes up with a similar work independently you cannot prevent them from exploiting their work).

4- Just because you commission a copyright work and pay for it, this does not mean that you own the copyright. If you are an employee creating work in the course of your employment the copyright will belong to your employer.

5- An assignment of copyright must be in writing, signed by or on behalf of the copyright owner (so get things in writing).

6- However the courts have identified situations where, despite the fact that no formal assignment of copyright has taken place, the creator of the work should assign the copyright to the commissioner – e.g. the creation of a logo (AVOID LITIGATION).

7- Copyright can be ‘carved’ up with different uses being licensed to different people in different territories, for variable periods of time (if you license someone to use a copyright work – make the scope and terms of the license clear).

8 – Avoid litigation as its expensive, time consuming, and unpleasant.

9 – You can avoid most litigation by ensuring that your dealings with copyright works are well documented and that contracts for their acquisition assignment licensing and exploitation are in writing.

10 – If you copy a substantial (judged by a qualitative rather than a quantitive basis) part of a copyright work for commercial gain without a copyrights owner’s consent, you run the risk of litigation. If you are commissioning or creating new work – avoid being derivative.

Statements 1-10 © - Frances Anderson (Cobbetts LLP)

11- Names, slogans and titles cannot be protected by copyright (no matter what McDonalds say) – however they can be registered as a trademark.

12 – Online content is also protected in the same way as other copyright material. This is dependant on where the work was written and what computer server it is on and where is hosted. If the computer is in the UK then the material will come under the same UK law as other forms of copyright work.

Anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material. If you use / download or share anything found online you must ensure you have permission for the person who originally wrote the document/song/clip etc.

Performers' rights

Performing artists are granted rights lasting for 50 years in relation to:

broadcasting and recording of their live performances;

• copying, distribution, renting and lending of recordings of their performances; and
• broadcasting, and other communication to the public by electronic transmission (including in on demand services) of sound recordings of their performances; and,
• Playing in public sound recordings of their performances.

These rights are related to copyright and similar considerations to those outlined above apply to those using material protected by performers` rights and to performers wishing to enforce their rights

Confidentiality

Confidential information is core to businesses having and retaining a competitive edge. When key employees leave, that may be the moment when you discover if existing protection is adequate or not. We can provide practical advice and, if need be, expert liaison and emergency legal protection to suit your needs and ensure that you gain the best possible protection.

Outside the contentious arena, we have advised clients on confidentiality issues arising in many areas from new inventions to joint ventures. In each case, however, we try to bring to the situation an understanding of business needs, and a key sense of urgency.

With thanks to Robert McLaughlin at the TIC, Birmingham for this information.