WHAT KIND OF MATERIAL DOES COPYRIGHT PROTECT?

Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (including videograms) and broadcasts (including cable and satellite broadcasts).

WHAT ABOUT COMPUTER PROGRAMS AND MATERIAL STORED IN COMPUTERS?

Computer programs are protected on the same basis as

literary works. Conversion of a program into or between

computer languages and codes corresponds to ‘adapting’ a

work and storing any work in a computer amounts to ‘copying’

the work. Also, running a computer program or displaying a

work on a VDU will usually involve copying and thus require

the consent of the copyright owner.

DOES MATERIAL HAVE TO HAVE NOVELTY OR AESTHETIC VALUE TO GET COPYRIGHT ROTECTION?

No, it simply has to be the result of independent intellectual

effort. Technical descriptions, catalogues and engineering

drawings are all examples of material which qualifies for

copyright protection whatever the subject matter.

DO I NEED TO REGISTER COPYRIGHT?

No. Copyright protection in this country is automatic and there

is no registration system - so there are no forms to fill in and

no fees to pay.

 

 

HOW LONG DOES UK COPYRIGHT LAST?

Copyright in a literary, dramatic, musical or artistic work

(including a photograph) lasts until 70 years after the death of

the author. The duration of copyright in a film is for the period

of 70 years after the death of the last to survive of the

principal director, the author of the screenplay and dialogue,

and the composer of any music specifically created for the film. 

Sound recordings, broadcasts and cable programmes are

protected for 50 years, and published editions are protected for

25 years.

However, the above terms of protection essentially apply only

to works of UK or other European Union origin. In other cases,

the term of protection granted in the United Kingdom is that in

the country of origin of the work, which may be shorter.

 

CAN COPYRIGHT PROTECT INDUSTRIAL ARTICLES?

No. Copyright may protect the drawing from which an article is

made but copyright cannot be used to prevent the

manufacture of articles. For information on protection of

industrial articles see the leaflet ‘Designs - Basic Facts’.

 

DO I ALWAYS NEED PERMISSION TO COPY

OR PUBLICLY EXPLOIT COPYRIGHT MATERIAL?

No, there are certain exceptions to the rights given to the

creator of the material. For example, limited use of works is

allowed for research and private study, criticism or review,

reporting current events, judicial proceedings and teaching in

schools.

HOW DO I GET PERMISSION TO EXPLOIT

COPYRIGHT MATERIAL?

Normally by approaching the copyright owner, but there are

several organisations which act collectively for groups of

copyright owners in respect of particular rights; they may offer

‘blanket’ licences to users. Further information is available

from the sources given at the end of this leaflet.

DO I HAVE TO MARK MY WORK IN ANY WAY

TO CLAIM COPYRIGHT?

Although some countries require that a work be marked with

the international © mark followed by the name of the

copyright owner and year of publication, this is not essential in

the UK. However, marking in this way may assist in

infringement proceedings within the UK and will be needed in

certain foreign countries.

 

 

HOW CAN I PROVE ORIGINALITY IN MY WORK?

Ultimately this is a matter for the courts to decide. However, it

may help a copyright owner to deposit a copy of his work with

a bank or solicitor or send a copy of his work to himself by

registered post, leaving the envelope unopened on its return;

this will establish that the work existed at this time.

 

WHO OWNS COPYRIGHT?

The general rule is that the author is the first owner of

copyright in a literary, dramatic, musical or artistic work. The

main exception is where such work is made in the course of

employment, in which case the employer owns the copyright. 

The copyright in films, sound recordings, broadcasts and

published editions belongs to the film or record producer,

broadcaster or publisher.

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