Copyright protects the creators of original ideas made in some recorded form. For example original text, artwork, recordings, films, computer programs and some databases. Lawyers refer to these as copyright 'works'. It gives you automatic control over the rights to copy, perform, broadcast or adapt your material, though limited use is allowed without your permission for private study, teaching in schools and reviews. Copyright prohibits anyone copying, performing or broadcasting a copyright work without the consent of the copyright owner.
In October 2014 small changes in the law governing copyright were introduced to allow individuals to make private copies for their own use of some digital media under very specific circumstances, for example copying CDs onto an external hard drive or making a single copy of a copyright work in an accessible format for the personal use of a disabled person.
The 2014 rule amendments do not change who owns a copyrighted piece of work. If you are the owner of a copyright, you will still be able to enforce your right to prohibit or license the use of your work. The majority of uses of copyright continue to require permission from the copyright owner so be very careful if you are considering relying on an exception to the usual rules when using copyright material. If in doubt, seek legal advice. Y
Read guidance on the exceptions to copyright rules for creators and copyright owners on the GOV.UK website.
If you make a substantial investment (which can be human, financial or technical) in creating a database of information, this is covered by a similar database right. You have a legal right to stop anyone from using any substantial part of the database without your permission.
Getting copyright protection
In the UK, copyright applies automatically - it does not have to be registered. Copyright protection also applies automatically in most countries in the world. You can use the © copyright symbol on copyright works (together with your name and the year of creation) to show that you consider yourself to have legal rights in the work, but this is not required.
How long does copyright protection last
The length of time that copyright protection applies will depend on the type of work. Copyright protection for written, artistic, musical and theatrical works, films and sound recordings lasts for the lifetime of the creator plus 70 years after the end of the year in which the creator died. Copyright protection for other types of work will depend on what has been created.
In business, copyright typically covers marketing leaflets, photographs, web pages and so on. As well as words, copyright applies to images, sound recordings and software programs for example.
There are monitoring services that will monitor the internet and other forms of media and alert you if their investigations show that the same or a similar copyright work is being used by anyone else.
Protecting your database
Database right is also automatic and does not have to be registered. Database right provides protection for 15 years.
For these purposes, a database is a collection of material arranged so each item is individually accessible, whether on paper or in electronic form, so it includes: for example, customer lists, directories, encyclopaedias and card index systems.
The contents of your database may also be protected by copyright.
Protecting your creations
It is up to you to enforce copyright yourself. Although copyright is automatic, you may want to add the copyright symbol © or the words 'copyright - all rights reserved', together with your name and the year of creation, to the copyright material to help emphasise that copyright exists. You should also keep copies of the original work and dated records of when it was disclosed to other people. Even so, enforcing your rights if someone adapts your work can be difficult.
Key copyright consideration
Unless your business profits from original works (for example, as an artist, publisher or computer software company), protecting yourself against copyright infringement may not be a major concern. Infringements of copyright (for example, copying part of a marketing leaflet) are unlikely to be detected or to cause your business substantial harm.
Where the intellectual property is important to you, you may want to take an active approach to detecting and deterring infringement.
You should also take steps to ensure that your employees do not infringe other people's copyright. For example, by copying images or text without permission.
If you commission a third party to create a copyright work for you, such as a photograph or the code for your website, make sure that they agree, in writing, to assign the copyright (and any other intellectual property rights involved) to you. If you don’t those rights will belong to them as the creator of the work, even though you paid them to create the work for you.
And remember - If you're thinking about protecting your business's name or logo, trade marks can be much more effective than copyright in these circumstances. And inventions are best protected by registering a patent.
