Requirements – registration(?)
Unlike trade marks and registered design rights, copyright in the UK and EU is an unregistered right; as such, you do not have to worry about registering it.
In other words, copyright arises automatically when a work is created … provided that the work meets the necessary criteria for subsistence.
To qualify for copyright protection, the work must be ‘original’ and must be ‘fixed’.
- Originality is determined by whether the work reflects the author’s original intellectual creation, involving free and creative choices that stamp the work with the author’s personal touch. So, the work cannot be copied from someone else’s.
- There is no copyright in an idea; copyright protects the expression of an idea. So, the work must be ‘fixed’ in a tangible form to be protected by copyright.
Examples of types of works that are protected by copyright include: literary works (including books, articles, software code); dramatic works; musical works; artistic and graphic works (including paintings, photographs, sculptures); sound recordings; films; and typographical arrangements of published editions.
As an owner of the copyright in a work, you have the right to prevent others from copying the whole, or a substantial part of it.
Practical tips for utilising your copyright
Monetising copyright
- Copyright can be very valuable and may be monetised through assignments and licences.
- Assignments are a transfer of ownership of copyright (i.e., selling your copyright).
- Licences do not transfer ownership, but grant permission for someone else to use your copyright in specified ways.
- It is important that assignments and licenses are drafted properly and are tailored to the specific circumstances to ensure that the parties’ desired outcome is achieved.
Preventing copying
- Whilst copyright notices are not a legal requirement, they are recommended as they are a simple way you can put people on notice that your work is protected by copyright.
- Consider registration in jurisdictions where it is possible to register your copyright, such as the US and China.
- Where possible, monitor the market for potential infringements; send takedown notices where possible and take legal action (such as sending a cease and desist letter) where necessary to deter further infringements.
- Ensure any licensing is appropriately controlled with properly drafted licence agreements in place and regular monitoring to confirm licensees are complying with the licence terms.
Evidencing copyright subsistence and ownership – a common pitfall
- If you want to monetise or enforce copyright, it is important to have evidence of copyright subsistence and ownership.
- Keep records of works that are created, who created them, and when. Timestamps, meeting minutes and saved iterations of the work can all serve as useful evidence.
- It is also important to ensure that you are the actually the owner of the copyright that you wish to monetise or enforce.
- The owner of the copyright will usually be the author of the work, unless it has been contractually assigned to someone else (or it is an employee producing copyright work in the course of their employment).
- A common pitfall is that those commissioning work assume that this means they will then own the copyright in that work, which is not always the case.
- Contracts and terms should be carefully checked, and clear records should be kept of any written assignments to demonstrate copyright ownership.
If you would like to discuss how you can protect or monetise your work, please get in touch via the enquiry form below to speak with one of our expert lawyers.
Laura Gathercole – Solicitor
