Copyright is a legal right subsisting in original literary, dramatic, musical and
artistic works, which confers upon the owner the exclusive right to make copies of
the work in question.
The types of works that attract copyright protection include, but are not limited
to, text (e.g. stories, website content, scripts for plays, computer programs etc.),
music, dramatic adaptations, films, videos, paintings, photographs, sculptures and
models for buildings. Allied rights, such as database right and design right can
also subsist (sometimes in parallel with) these types of works.
Copyright only subsists in "original" works, so if a substantial part of a work has
been copied, then it is not generally deemed to be original. As such, the mere fact
that one work is very similar to another does not mean that copyright has necessarily
been infringed. Copyright also only protects the physical manifestation of the work,
so adaptations or themes underlying copyright material are not always protected.
As a copyright owner, one can take legal action if another person makes an unauthorised
copy of a copyright work. However, it will be necessary to prove that the alleged
copy was, in fact, copied, and not created independently notwithstanding any identity
or similarity between the original work and the alleged copy.
In certain circumstances, copyright may last for up to 70 years from the end of the
calendar year in which the author dies. However, this is not the case for all types
of copyright works and the term can sometimes be reduced where a copyright work has
been mass-produced.
In the UK, copyright arises automatically, which means that are no registration fees
or procedures involved. However, because copyright is an "unregistered" right, it
is important that copyright owners keep good records of the works they create including
keeping copies, where possible, and noting the exact date of creation of each work.
Copyright registration systems exist elsewhere (most notably in the United States)
however. Therefore, professional advice should always be sought when copyright-related
issues arise.
At Hutchinson IP we can help you to keep track of, and document, the copyright works
you are creating and provide advice and recommendations in the event that your copyright
is infringed, or if you are accused of infringing someone else's copyright.
