Copyright law is complex, and even the most experienced business owners can be unsure about how it protects their assets and the steps they should take to maximise that protection. With that in mind, our copyright lawyers have prepared this FAQ to supplement our general intellectual property FAQs and answer some of the most common copyright related questions posed by our clients.
If you’re reading this because you want to understand how copyright law applies to your business or creative work, our copyright lawyers can help. We’ll explain what rights you hold, how to protect and manage them, and what to do if someone uses your work without permission.
Jump to individual copyright FAQs:
- What is copyright?
- What types of works are protected by copyright?
- Do I automatically own the copyright to something I create?
- Can copyright be held by more than one person?
- Can I register copyright?
- How long does copyright protection last?
- How do you protect your copyright internationally?
- Can copyright be sold, assigned, or transferred?
- Can copyright be inherited?
- How do you use a copyright disclaimer?
- When can you use the copyright symbol?
- What is copyright infringement?
- How do you get permission to use copyright material?
- What happens if you break copyright law by infringing someone else’s copyright?
- What happens if someone infringes your copyright?
- What civil remedies are available for copyright infringement?
- What criminal remedies are available for copyright infringement?
- Who can use copyright work without permission?
What is copyright?
Copyright is one of a parcel of rights known as intellectual property rights. To benefit from copyright protection, a work must be original and expressed in a tangible form. Copyright does not protect ideas; for an idea to be protected, it must have been recorded in some way.
Copyright enables its owner to exploit the work, for example, by reproducing it, issuing copies to the public, and adapting it. If anyone does any of the acts reserved for the copyright owner without their permission, the owner can enforce their rights against them, through legal proceedings if necessary.
Copyright is not a monopoly right. If someone creates a work identical to that of the copyright owner independently of them, their actions will not constitute copyright infringement.
What types of works are protected by copyright?
Copyright protects a wide range of original works, including literary, dramatic, musical, and artistic works. As such, it covers material such as books, song lyrics, films, and photographs.
In the context of your business, the assets that may benefit from copyright protection include:
- Your logo.
- Your software code.
- Your website.
- Your customer databases.
- Your marketing material.
If you are unsure if your work benefits from copyright protection, read our copyright protection guide or speak to one of our copyright lawyers.
Do I automatically own the copyright to something I create?
Yes, in most cases, you automatically own the copyright in any original work you create. You do not need to register your copyright in the UK to gain protection.
A key exception to this general rule is when an employee creates an original work during the course of their employment. In this case, the copyright in the work would be owned by the employer.
Can copyright be held by more than one person?
If more than one person creates an original work and it is not possible to separate each individual’s contribution, they hold the copyright jointly. These types of work are known as works of joint authorship. The copyright owners of works of joint authorship each hold the same rights as a sole copyright owner. They have an equal right to exploit the work, and they must obtain permission from the others before doing so.
If it is possible to identify each author’s specific contributions to a work, each will own the copyright in the element they created. For example, if one person penned the lyrics to a song and the other composed the accompanying music, the first would own the copyright in the words and the latter would own the copyright in the music.
Can I register copyright?
Since it arises automatically, there is no legal obligation to register copyright in the UK. You can register your work with the UK Copyright Service if you wish. While there is a charge for registration, it can be incredibly useful if you need to enforce your copyright against third parties using it without your permission.
Copyright is not a monopoly right, so to succeed in a copyright infringement claim, you must prove that you own the work and that the third party copied it. Having a public record of your work on a specific date can assist you in showing that your work existed at that time and note you as the owner.
How long does copyright protection last?
The duration of copyright differs depending on the types of work in question. As a general rule, the following time limits apply:
- Written, dramatic, and artistic works – 70 years after the author’s death.
- Sound recordings – 70 years from the year it was first published. If the work was not published, copyright lasts for 50 years from the year in which it was made.
- Films - 70 years from the death of the last surviving author, director, writer, or composer.
- Broadcasts – 50 years from the year in which it was made.
- Typographical arrangements - 25 years from the year of first publication.
How do you protect your copyright internationally?
Copyright is a national right, so your UK copyright only protects your work here. Several international treaties operate to afford nationals of their signatory countries minimum copyright protection standards in all other signatory countries. A notable example is the Berne Convention, to which 181 countries have currently signed up, including the UK, the US, all European Union states, and Japan.
Most countries offer some form of copyright protection, even if they have not signed up to an international copyright treaty. Whether your work applies for protection and, if so, the extent of that protection, depends on the individual country’s laws.
Can copyright be sold, assigned, or transferred?
Copyright can be exploited in the same way as tangible property, so it can be sold, licensed, assigned or transferred. For example, an author may sell the rights to their book to a producer wishing to adapt it into a film or TV programme. Some business models, like franchising, are based on the intellectual property owner licensing its intellectual property rights, including copyright, to third parties.
Can copyright be inherited?
Copyright subsists in a work even when its creator has died. For example, copyright in a book lasts for 70 years after the author’s death. Copyright owners can bequeath their copyright to the people or causes they care about in their Will.
How do you use a copyright disclaimer?
Copyright disclaimers alert anyone dealing with the work to the fact that the work is subject to copyright. They can also identify the copyright owner and its date of creation and outline the basis on which third parties can use the work (if at all).
You do not need to include a copyright disclaimer on your work, and not doing so will not affect your legal rights. It is sensible to include one wherever possible to ensure everyone can identify you as the copyright owner and deter infringement.
If you use a copyright disclaimer, you should place it in a prominent position so that anyone looking at your work will see it. Some examples of common placements of copyright disclaimers include:
- On the inside cover of a book.
- On every page of a website, since users may go straight to a specific page.
- On the bottom or back of a photograph.
- On the front page of any marketing material or leaflet.
When can you use the copyright symbol?
You can use the copyright symbol © in connection with any protected original work you have created. While using the copyright symbol isn’t a prerequisite to copyright protection since it arises automatically, it is a useful tool for alerting anyone viewing the work to the fact that the work is protected.
In addition to the symbol itself, you may want to include the date on which you created the work and the current year together with your details, so anyone wishing to use it can contact you for permission.
What is copyright infringement?
There are two types of copyright infringement: primary and secondary.
Primary copyright infringement usually requires some form of direct reproduction, like copying or adapting the work. Secondary infringement generally involves dealing with infringing copies, like distributing them to the public or importing them into the UK for commercial use.
Say, for example, a high-street retailer sourced a t-shirt bearing an infringing print from a supplier and offered it for sale. In this case, the supplier would be liable for primary copyright infringement and the retailer for secondary copyright infringement.
A key difference between primary and secondary copyright infringement is the liability of the person or organisation who carried out the infringing acts. Whereas primary infringers need no specific knowledge of infringement to be liable, secondary infringers are only liable if they knew or should have known that they were dealing with infringing copies.
How do you get permission to use copyright material?
You need permission from the copyright owner to use copyright material. Some copyright owners use third parties to deal with licensing matters, in which case you should contact that third party. For example, PPL and PRS licence thousands of musicians’ material to third parties who wish to play it publicly, such as in a bar or nightclub.
You can expect to pay a fee in return for permission to use copyright material. Bodies like PPL and PRS operate tariffs whereby the fee is based on specific factors, such as the size of the organisation requesting a licence. If the copyright owner controls their copyright themselves, you will need to negotiate a fee directly with them.
What happens if you break copyright law by infringing someone else’s copyright?
Using copyright material without permission constitutes infringement. Copyright infringement is a civil wrong and, in some cases, a criminal offence.
Copyright owners can bring civil proceedings against anyone who does any act exclusively reserved for them as copyright owner, such as copying or adapting it.
The types of infringing acts that constitute criminal offences are generally those carried out for commercial purposes where the perpetrator knew or should have known about the infringement, such as importing or selling counterfeit goods.
Most copyright owners opt for civil proceedings rather than criminal ones since they can seek interim relief to halt the infringements pending a final resolution and recover damages from the infringer. In some cases, such as those involving a public policy issue, the copyright owner may ask Trading Standards to pursue criminal charges or bring a private prosecution.
What happens if someone infringes your copyright?
If someone infringes your copyright, you may be able to bring civil or criminal proceedings against them, depending on the nature of their infringement and your desired outcome.
The majority of copyright owners prefer civil proceedings to criminal ones, even if the acts constitute a criminal offence. Most civil infringement claims are settled through negotiations between the parties’ legal advisors without the need to attend court.
What civil remedies are available for copyright infringement?
The civil remedies for copyright infringement include:
- An injunction.
An injunction is a court order prohibiting the infringer from using your copyright material in the future. Most injunctions are endorsed with a penal notice, meaning any breach of its terms constitutes contempt of court, for which the person may be imprisoned.
If the infringements are causing your ongoing harm, our lawyers can help you seek an ‘interim injunction’ to protect your interests pending the final resolution of your claim. An interim injunction prohibits the other party from using your material while the dispute is ongoing. - Damages or an account of profits.
Copyright owners can choose between two financial remedies in infringement claims: damages or an account of profits.
If you opt for an account of profits, the infringer must pay you all the profit they made from their dealings with the infringing material. If you choose damages, the amount the infringer has to pay will depend on the basis on which the judge calculates those damages. For example, they may base them on the amount you would have charged the infringer to use the material under licence rather than copying it without permission or the profit you lost as a result of the infringement. - Delivery up or destruction.
The infringer will be forced to deliver any leftover infringing material to you or destroy it to ensure it can’t make its way back onto the market.
What criminal remedies are available for copyright infringement?
The criminal remedies available for copyright infringement depend on the nature of the offence and its severity. Relatively minor offences may attract only a fine, whereas more serious ones may result in a prison sentence of up to ten years and an unlimited fine.
Who can use copyright work without permission?
Nobody can use copyright material without permission. You may have a defence to a copyright infringement claim if your use falls within the narrow remit of ‘fair dealing’.
Fair dealing exists because the law recognises that, in a few situations, the needs of the public to use a work outweigh the needs of a copyright owner to control its use. For example, fair dealing permits the use of extracts from a book to review it or the photocopying of material for private study.
Fair dealing is a complex area of law. If you are unsure if your use of another person’s work comes under fair dealing read our guide on fair dealing or contact one of our copyright lawyers.
