Tuesday, 26 April 2011

Copyright

About copyright

Copyright can protect:
  • literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database
  • dramatic works, including dance or mime
  • musical works
  • artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos
  • layouts or typographical arrangements used to publish a work, for a book for instance
  • recordings of a work, including sound and film
  • broadcasts of a work
You should only copy or use a work protected by copyright with the copyright owner's permission.
Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
Copyright does not protect ideas for a work.  It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it.  For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on.  Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.

Automatic right

There is no official registration system for copyright in the United Kingdom (UK) and most other parts of the world. There are no forms to fill in and no fees to pay to get copyright protection.
So long as you have created and fixed, for example in writing, an original work that qualifies for copyright protection, that is it falls into one of the categories of material protected by copyright, you will have copyright protection without having to do anything to establish this. It is a requirement of various international conventions on copyright that copyright should be automatic with no need to register.
To help protect your copyright work, it is advisable to mark it with the © symbol, the name of the copyright owner and the year in which the work was created.  Although this is not essential, it will let others know when the term of protection started and it should then be possible to calculate whether it has ended or not.  It will also indicate who the owner was at that time in case it is then necessary to approach them should you need to ask permission to use the work.
Additionally, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return (ensuring you also know what is inside each envelope in case you do this more than once). Alternatively you could lodge your work with a bank or solicitor.  It is important to note, that this does not prove that a work is original or created by you. But it may be useful to be able to show the court that the work was in your possession at a particular date.

Benefits of copyright protection

Copyright allows you to protect your original material and stops others from using your work without your permission. The existence of copyright may be enough on its own to stop others from trying to exploit your material. If it does not, it gives you the right to take legal action to stop them exploiting your copyright, and to claim damages.
By understanding and using your copyright and related rights protection, you can:
  • sell the copyright but retain the moral rights.
  • license your copyright for use by others but retain the ownership.
  • object if your work is distorted or mutilated.

No comments:

Post a Comment