What is Copyright?

Copyright is a right to stop others from copying and otherwise exploiting original works (or parts of them) without the consent of the owner. Copyright may subsist in, for example original text, computer programs, music files, video clips, web page layout and design, digital and physical products supplied by e-business, software or packaging, in addition to artistic works, films and sound recordings.

How does Copyright arise?

Copyright arises automatically, without any requirement for registration, in original works.

UK copyright owners are afforded international protection in countries that are signatories to the Berne Convention (originally signed in 1886) and by the international treaties such as the WIPO Copyright Treaty of 1996 and the Universal Copyright Convention.

Authorship and Ownership

Authorship and ownership are distinct concepts. The author of a work is usually the first owner of any copyright in it. However, where a literary, dramatic, musical or artistic work is made by an employee in the course of his employment it is the employer that is the first owner of the copyright, unless otherwise agreed.

Duration of Copyright

Literary, dramatic, musical and artistic works are protected for 70 years from the end of the calendar year in which the author died.

Infringement

(a) Primary Infringement

The acts restricted by copyright include: copying a protected work; issuing, renting or lending copies of a work to the public; and broadcasting or showing a work in public or adapting a work.

(b) Secondary Infringement

The acts of secondary infringement generally relate to commercial dealings with infringing copies of copyright works. They include importing, possessing, supplying or providing the means for making infringing copies.

Defences

There are a number of defences available e.g. the work is used for research or private study criticism, review and news reporting. There are also a number of software specific permitted acts, such as de-compiling and making back-up copies.

Moral rights

Moral rights vest in the author. They may not be transferred but will pass under the author's estate and can be waived (at least in the UK).

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