What is copyright?
Copyright is a property right which can be used to prevent unauthorised copying of certain types of work.
What types of work are covered by copyright?
Copyright comes into existence automatically on the creation of any of the following types of work:
- original literary, dramatic, musical or artistic works;
- sound recordings, films, broadcasts or cable programs; and
- the typographical arrangement of published editions.
The term 'artistic work' is defined to include works of artistic craftsmanship, architectural works and photographs, sculptures, collages and any graphic work irrespective of quality. Thus, copyright will exist in engineering drawings, sketches or even in drawing of a new logo to be used as a trade mark. The term 'literary work' includes factual documents such as technical reports and is defined to include a computer program.
Initiation of copyright
Copyright comes into existence automatically on the creation of one of these types of works.
Copyright subsists in a permanent record of the work, e.g. a written or typed document, a drawing, a file on a computer hard disk or a musical score. There is no copyright in an abstract idea.
Copyright duration
The length of term of copyright depends on the type of work concerned and, in the case of an artistic work, whether the design has been reproduced by an industrial process. The term can vary from a minimum of 25 years to a maximum of 70 years from the death of the author.
Copyright infringement
It is an infringement of copyright to produce copies of a copyright work, for example, it is infringed by making a copy of a document or drawing. Copying a surface decoration on an article can also be copyright infringement. However, it is not an infringement of copyright to make an article copied from an original design document or copied from an article made from the original design document - in these cases the copyright owner must rely either on a registered design right or an unregistered design right (see our registered and unregistered design leaflets) to prevent copying.
Who owns copyright?
Where the author of a literary, dramatic, musical or artistic work is an employee who creates the work during the course of his employment, copyright in the work passes to his employer. No specific provisions are made for commissioned work and copyright will only pass to the commissioner if there is an assignment of copyright.
How is copyright enforced?
This varies from country to country but, in general, copyright is enforced by bringing legal proceedings in a court of law. If successful, such an action can result in an injunction to stop further infringement as well as an award of damages in respect of past infringements. It is important to remember that copyright is only infringed by copying and that an independent creation cannot be an infringement.
How can copyright be used commercially?
These rights are important commercial assets which can be used in a number of ways, including:
- as a means of stopping the counterfeiting of goods;
- as a means of stopping unauthorised use of a logo (although trade mark law is equally applicable in this);
- as part of a legal framework for the licensing of copyright works so that the copyright owner can earn an income through royalties paid on licensed products; and
- as assets, the rights can be traded.
Why do you need help from a Patent Attorney?
A patent attorney can advise on procedures by which a company can ensure that it owns copyright in all its products (even if designed by a third party) and how those rights can be exploited.
What can Boult Wade Tennant offer?
Boult Wade Tennant is a professional practice specialising in all types of intellectual property law. Our attorneys are experienced in advice in copyright issues relating to rights in technical drawings and also in relation to trade marks comprising stylised elements.
Our London office is located near to the London filing office of the UK Intellectual Property Office and is close to the High Court and the Patents County Court. The firm also has offices in Reading, Oxford and Cambridge.
