Protecting Copyright

by Vaughan Jones

The concept of copyright was first recognised back in the 18th century and the law governing it is now principally contained within the Copyright, Designs & Patents Act 1988. Copyright has a number of sister rights including moral rights, publication rights and author’s resale rights.

Copyright is one of a range of measures which protect intellectual property (IP). Others include the registration of designs and trademarks and the granting of a patent. Copyright doesn’t just cover written works like books, plays and articles such as this one: it also covers works of music, art, broadcasts and computer programmes. A copyright owner has the right to control use of their work, share copies, perform the work and to adapt it.

There is no requirement to register a work to gain copyright protection. If protection exists, it is automatic. As soon as a qualifying original work is created (or broadcast in the case of a programme), copyright is effective and gives the author immediate ownership.

Copyright lasts a long time - since 1996, for 70 years after the death of the author in the case of literary, dramatic and artistic works and for 50 years for sound recordings. Copyright can be owned by organisations or individuals. Where work has been created by an employee on behalf of an employer, the copyright usually lies with the employer, unless there is an agreement which says otherwise.

So what should be done to ensure the protection of copyright laws and to give them the best chance of support in a dispute?

* Clearly mark any work with the copyright symbol ©

There is still a widely held belief that authors must make special application for copyright, so it is advisable to clearly mark and date your work.

This will show that you are intent on protecting your work and asserting your rights. It will also be more difficult for someone copying your article to claim ignorance.

* Proof of Ownership

If there is a dispute, you may need to prove your ownership and that your work predates the copier’s. Sending a copy of the work to yourself by recorded delivery and leaving the envelope unopened is one method, but it may better to send a copy to a third party like a solicitor or perhaps a copyright registration company. This may help in proving your claim.

* Online protection

The Internet is a hotbed of copyright infringement and is mistakenly viewed as a free-for-all where images, articles and other material may be re-used without consideration of copyright.

However, there are ways of protecting your work online. If you are serious about protecting your content, it’s essential to make it clear in the terms and conditions of use of your website. For example, on our site we say, “The content and design of this website are subject to copyright owned by Burnetts or used under licence from third party copyright owners. You are welcome to print pages for your personal non-commercial use but no part of this website may be reproduced or transmitted for any other purpose. All other intellectual property rights which subsist in the content and design of this site belong to Burnetts.”

Technology may have brought new threats to copyright, but it has also brought some solutions: sensitive or valuable content can be restricted to paying subscribers, and there is also software available such as LockLizard which prevents text being copied or printed.

* Supporting Evidence

In a dispute, it will help you if you have some evidence of how you developed your original work e.g. notes on the structure of an article or initial sketches of a drawing.

Fair Dealing

There are limited exceptions to copyright known as “fair dealing” or “fair use”. These exceptions include where a work is being used to help visually impaired people (e.g. with audio books) or for non-commercial research or private study. Educational establishments can make copies of work with a Copyright Licensing Agreement licence.

Copyright Infringement

Infringement of copyright for commercial reasons is a criminal offence, but disputes about copyright are generally civil matters rather than criminal. If you discover that someone is using your work without your permission, your first action should be a firm letter asking them directly for their written agreement to stop doing so. Online tools like the site checker at www.copyscape.com can help you to identify Internet copyright abuses.

If they refuse to stop or you have lost out financially as a result of their misuse, it is certainly worth taking legal advice. If you have to take legal action, it will be important that you can demonstrate your ownership of the copyright. If you’re successful, a court can stop the infringer from making more copies or award you damages for any financial loss.

Additional information is available from the UK Intellectual Property Office.

Vaughan Jones is a Partner in the Corporate Law department of Burnetts in Carlisle. For further help or advice on copyright and other intellectual property issues, contact Vaughan on 01228 5522222.

Dec 07