COPYRIGHT

AUTOMATIC PROTECTION AGAINST COPYING
for written text, databases, images, photos, films,
recordings, lyrics, music, sculptures
and a whole lot more...

Broadly, copyright protects most works of what might be called "intellectual creation" against copying. A more detailed list is given below. However there are some important exceptions

Copyright can subsist in:

• original literary, dramatic, musical or artistic works,
• sound recordings, films or broadcasts
• the typographical arrangement of published editions.

"Original" means not copied, ie the work of the author.

A "literary work" is any work, other than a dramatic or musical work, which is written, spoken or sung, and can include tables, compilations, computer programs and databases.

A "dramatic work" includes a work of dance or mime.

A "musical work" includes a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

A "database" is original if the selection or arrangement of the contents is the work of the author, and consists of data or other materials which are arranged in a systematic or methodical way, and are individually accessible by electronic or other means.

Literary, dramatic or musical works - copyright does not subsist in a literary, dramatic or musical work unless it has been recorded in some way.

An "artistic work" is a graphic work, photograph, sculpture or collage, irrespective of artistic quality, or a work of architecture being a building or a model for a building, or a work of artistic craftsmanship.

A building includes any fixed structure, and a part of a building or fixed structure.

A graphic work includes: any painting, drawing, diagram, map, chart or plan; and any engraving, etching, lithograph, woodcut or similar work.

A photograph includes a recording of light or other radiation on any medium on which an image is produced or from which an image may be produced, and which is not part of a film.

A sculpture includes a cast or model made for purposes of sculpture.

How long does protection last?

For many works, copyright is very long lived, lasting for the life of the author plus 70 years. However, there are a number of important exceptions to this, including copyright in sound recordings, broadcasts and performances, which lasts for 50 years, and copyright in the typographical arrangement of published editions, which lasts for 25 years.

Also, copyright is not infringed by the making of articles 25 years after the first marketing of articles which are copies of an artistic work (or part of an artistic work) made by an industrial process.

Can I protect my product idea with copyright?

Copyright does not protect the design of three dimensional articles, which is protected by unregistered design right.

Copyright does not protect ideas or concepts, but only the actual expression of those ideas or concepts. For example, a report relating to a new product is copyright which protects against copying of the report, but does not protect against copying of the idea of the new product.

Attempts to use copyright to protect against copying the "look and feel" of a work have so far proved unsuccessful.

Can I protect my brand name with copyright?

Copyright cannot subsist in a trade name, but could subsist in the design of a logo, since this is a two dimensional design.

What do I have to do to get copyright?

Copyright subsists automatically when a work is recorded. It's advisable to put a copyright symbol © on the work with the name of the owner and the date, and keep a dated "copyright master" to establish a date of creation of the work. Dated copies of subsequent versions should also be similarly kept. A number of inexpensive methods can be used to establish an independently verified date, such as sending a copy of the work through the post back to yourself, or getting the work date stamped at a post office or bank. If you do send the work through the post back to yourself, ensure the envelope is clearly marked with a description of the contents, and don't open the envelope on receipt!

Is copyright sufficient?

If possible, it is advisable to obtain protection by registering trade marks, registering designs and obtaining patents, as these are all more powerful rights than copyright. For registered trade marks, registered designs and patents, ownership is clear, there are no arguments over a date of creation, copying does not have to be proved, and they cover areas which copyright does not.

What are the Disadvantages and Advantages of Copyright?