Copyright Protection

Copyright automatically protects original creative works including: literary works (books, articles, lyrics), musical compositions and songs, artistic works (paintings, photographs, graphics), dramatic works (plays, screenplays), films and videos, sound recordings, broadcasts, and computer programs. Protection lasts for: life of the author plus 70 years for literary, dramatic, musical, and artistic works; 50 years from recording/release for sound recordings; 70 years from death of key personnel for films; 50 years from first broadcast for broadcasts. Copyright is automatic upon creation - no registration required in the UK, though registration can provide additional evidence of ownership and creation date.

Copyright ownership in commissioned works depends on the specific arrangements: Generally, the creator owns copyright unless there's a written agreement transferring ownership. For employees, the employer typically owns copyright in works created during employment. For freelancers and contractors, copyright usually remains with the creator unless specifically assigned. To own copyright in commissioned work, you need: a written copyright assignment agreement signed before or immediately after creation, clear terms about what rights are being transferred, consideration (payment) for the assignment. Alternatively, you can license specific rights rather than full ownership. Always clarify copyright ownership in written contracts before commissioning creative work to avoid disputes later.

Several methods can help establish copyright ownership and creation dates: Formal copyright registration with UK Copyright Service or similar organisations provides official evidence. Time-stamped digital files, emails, and cloud storage show creation dates. Witness statements from people present during creation. Publication dates in magazines, websites, or social media. Professional records like studio booking receipts or design invoices. Bank records showing payments for creation. Depositing copies with solicitors or using postal registration (posting to yourself and keeping sealed). Digital watermarking and metadata in files. The key is creating contemporaneous evidence that would be difficult to fabricate later. Copyright registration is relatively inexpensive (£200-£500) and provides the strongest evidence.

If someone has infringed your copyright, take these steps: 1) Document the infringement with screenshots, copies, and dates. 2) Gather evidence of your ownership and creation date. 3) Send a cease and desist letter demanding they stop using your work. 4) For online infringement, file DMCA takedown notices with hosting platforms. 5) Consider whether licensing might be appropriate instead of enforcement. 6) If they refuse to stop, consider court proceedings for injunctions and damages. 7) Report serious commercial infringement to police. The response should be proportionate to the harm and commercial impact. Many cases settle quickly with formal demands. Professional legal assistance is recommended for valuable works or persistent infringers.

Using others' copyrighted work without permission is generally copyright infringement, but there are limited exceptions: Fair dealing allows limited use for criticism, review, news reporting, research, and private study. The use must be fair and acknowledge the source. Quotation rights allow limited quotations for criticism or review. Educational exceptions exist for teaching and examination. Parody and pastiche have limited protection. Public domain works (where copyright has expired) can be used freely. Creative Commons and other licenses may permit specific uses. However, these exceptions are narrow and fact-specific. When in doubt, seek permission from the copyright owner or professional legal advice. Commercial use rarely qualifies for fair dealing exceptions.

Licensing your copyrighted work involves several key decisions: Types of licenses include exclusive (only licensee can use), non-exclusive (multiple licensees possible), or sole (only you and licensee can use). Specify the scope including territory (geographic area), duration (time period), media/format, and field of use. Determine financial terms such as upfront fees, royalty percentages, minimum payments, or lump sum amounts. Include quality control provisions to protect your reputation. Address termination conditions and renewal options. Consider sublicensing rights for the licensee. Always use written license agreements that clearly specify all terms. Professional legal assistance helps ensure your interests are protected and the agreement is enforceable.

Copyright and trademarks serve different purposes: Copyright protects creative expression and original works like writing, music, art, and software. It's automatic upon creation, lasts for decades, and prevents copying. Trademarks protect brand identifiers like names, logos, and slogans used in business. They require registration for strongest protection, can last indefinitely with renewals, and prevent consumer confusion. Key differences: Copyright protects artistic/creative content; trademarks protect commercial identifiers. Copyright is automatic; trademarks require use in commerce and often registration. Copyright prevents copying; trademarks prevent confusing use in similar businesses. Some items can have both protections - a logo design might have copyright as artistic work and trademark protection as a brand identifier.