Copyright

Copyright is a legal right that grants the creator of original works exclusive control over their use, including reproduction, distribution, and adaptation.

It protects a variety of works such as literature, music, film, and art. In the UK, the protection covers anything that involves skill, judgment, and individual creativity, ensuring authors can control and benefit from their creations.

For detailed advice on how copyright can protect your work and the benefits it can bring, do not hesitate to contact our intellectual property experts. We can guide you through the intricacies of copyright law and help you secure the best possible outcome for your work. Reach out for a Free Consultation at 0207 459 4037 or schedule an appointment using our online form.

There are several examples of work that can be subject to copyright protection. They include novels, poetry, films, musical compositions, architectural designs, software, and databases, to name a few. Even a business’s graphical interface, advertising slogans, and instruction manuals can be covered. This variety ensures that creators can safeguard their intellectual endeavours across a broad spectrum of industries and media.

Understanding what can be protected under copyright is crucial for any creator or business. For a comprehensive review of how your work can be covered by copyright, contact our specialist team for a Free Consultation at 0207 459 4037.

In the UK, copyright protection arises automatically upon the creation of a work that meets the originality and fixation criteria—no registration is required. However, registering copyright can serve as legal evidence of ownership, which can be particularly advantageous in the case of infringement.

Although registration is not mandatory, taking proactive steps to document and protect your copyright can be useful and offer maximum protection particularly when you look to commercialise your intellectual property. Our legal professionals can advise you on the best practices for securing and enforcing your copyright.

In the UK, copyright generally lasts for the lifetime of the creator plus 70 years after their death. This duration ensures that the creators or their heirs can benefit from the works for a substantial period.

To learn more about the duration of copyright and how to manage your intellectual property effectively over time, please call us at 0207 459 4037 for a consultation, or book your appointment online to ensure your creative legacy is protected.

Copyright does not protect ideas or concepts themselves; it protects the expression of the idea. For instance, you cannot copyright the concept for a novel, but the actual text of the novel would be protected. For your idea to be protected, it must be materialised in a tangible form, like written down or recorded.

For guidance on how to protect your ideas and transform them into copyrightable material, our team is ready to assist you.

Copyright infringement occurs when copyrighted work is used, reproduced, or distributed without the permission of the copyright holder. Spotting infringement can include identifying unauthorised copies of your work, checking for use without a licence, or noticing your work being attributed to someone else or altered without consent.

Navigating copyright infringement can be complex. If you suspect that your copyright has been infringed upon, we can help you identify the infringement and take appropriate action.

Reach out to us at 0207 459 4037 for a Free Consultation, or book directly online so we can help protect and enforce your rights.

International copyright protection is primarily governed by treaties like the Berne Convention, to which the UK is a party. This means UK copyrights are respected in all member countries. However, enforcement can vary, so it may be wise to register your work in specific countries or use international systems like the WIPO Copyright Treaty for added protection.

Moral rights in the UK allow creators to protect their work’s integrity and the right to be identified as the author. These rights prevent others from claiming authorship of your work and protect against derogatory treatment that could harm your reputation. Moral rights are separate from economic rights and often last for the lifetime of the author plus 70 years after death.

To understand how moral rights apply to your work and how you can enforce them, our experienced legal team can provide you with the advice you need. Call us on 0207 459 4037.

If your copyrighted work is being used online without permission, you can start by sending a cease-and-desist letter. You may also use online tools provided by many platforms, such as DMCA takedown notices, to request the removal of infringing content. In persistent cases, legal action might be necessary.

Confronting copyright infringement online can be daunting, but you don’t have to do it alone. Our experts are on hand to advise you on the best course of action and to act on your behalf if needed. Contact us for a Free Consultation at 0207 459 4037 or book your appointment with our expert lawyers through our online form to address unauthorised use swiftly and effectively.

The concept of ‘fair use’ is more commonly recognised in the United States. In the UK, we have a similar concept known as “fair dealing,” which allows limited use of copyrighted material without permission for purposes such as research, private study, criticism, review, and news reporting, provided it is fair and attributes the work to the creator. The criteria for ‘fair dealing’ are specific and context-dependent, and misuse could lead to legal challenges.

Upon discovering an infringement, it’s prudent to gather evidence of the unauthorised use and attempt to resolve the issue amicably, perhaps through a cease-and-desist letter. If this doesn’t work, you may need to consider formal legal proceedings to seek an injunction, damages, or other appropriate remedies.

Tackling copyright infringement is complex, but we’re here to assist you every step of the way. For expert legal advice and assistance, contact us on 0207 459 4037 or book your Free Consultation online, and we’ll help ensure your copyright is enforced and respected.

In the UK, you typically have 6 years from the date of the alleged infringement to bring a claim for copyright infringement. It is important to act promptly when an infringement is discovered to ensure that your rights are not affected by a delay.

If you are concerned about an infringement or how the time limits may affect your case, we can help. Don’t delay – speak to one of our expert intellectual property lawyers today by calling 0207 459 4037 or by completing our online booking form for a Free Consultation to discuss your situation and the best way forward.

Damages for copyright infringement in the UK can either be based on your actual losses or the infringer’s profits. Alternatively, you can opt for statutory damages, where compensation is awarded per infringement. The Court considers factors like the infringement’s scale and the damage to your market or reputation.

To get a clearer idea of potential damages you could claim, our team is ready to provide expert advice tailored to your situation. Contact us on 0207 459 4037 or book a Free Consultation through our online form to explore your options and secure what you’re rightfully owed.

Defences to copyright infringement can include fair dealing, such as for criticism, review, or educational use, licence or consent, the work being independently created, or the material being in the public domain. Establishing a robust defence requires a careful analysis of the circumstances and the law.

If you are facing a claim or need to counter a defence in an infringement case, it is crucial to get expert legal advice. Reach out to us on 0207 459 4037 or fill in our online booking form for a Free Consultation to discuss your case with our experienced intellectual property lawyers.

Licensing your copyrighted work allows others to use it under specified terms while providing you with control and the potential for income. Licences can be exclusive, non-exclusive, or sole, and can dictate the scope, duration, and territory of the use, among other terms.

Crafting a licence requires careful consideration to protect your interests and ensure clarity for all parties.

Copyright protection for artistic works does not cover ideas, styles, techniques, or general principles. It extends only to the work’s expression, meaning the specific visual form it takes. For instance, copyright would not protect an artistic genre but would protect a specific painting within that genre. Also, it does not protect functional elements of a design, which may instead be covered by design rights or patents.

Copyright protects original works of authorship like books, music, and art, while trademarks protect symbols, names, and slogans used to identify goods or services. Copyright arises automatically upon the creation of a work, but trademarks must be registered to provide exclusive rights to use them in trade.

In the UK, copyright in a collaborative work is typically shared among the creators, with each having rights to the work. For commissioned works, the copyright usually resides with the creator unless there is an agreement transferring it to the commissioner. It is crucial to have a written agreement outlining each party’s rights in such works.

The concept of the Digital Single Market (DSM) within the EU aims to ensure that the EU’s internal market is adapted to the digital age, providing easier access to digital goods and services. For copyright, the DSM strategy includes several key changes and harmonization efforts, including:

1. Portability of Online Content Services: EU residents can access their online subscriptions for content services like music, games, films, and TV programmes when travelling across the EU.
2. Improved Cross-Border Access: Efforts to simplify the distribution of television and radio programmes online across member states.
3. Copyright Exceptions: Introduction of EU-wide exceptions for text and data mining for research purposes, education, and preservation activities by cultural heritage institutions.
4. Fair Remuneration for Authors and Performers: Ensuring that authors and performers are paid fairly for the use of their work online.
5. Fighting Piracy: Stronger enforcement measures against piracy and counterfeit goods, including a “follow the money” approach targeting illegal profits.

While the UK has left the EU, the influence of the DSM on UK copyright law continues, particularly in cross-border matters and for UK entities operating within the EU or serving EU citizens.

For guidance on how the DSM might impact your digital content or services within the EU, or to understand how Brexit affects your copyright interests, do not hesitate to contact us for a detailed discussion. Reach out to our IP specialists on 0207 459 4037.

The concept of the Digital Single Market (DSM) within the EU aims to ensure that the EU’s internal market is adapted to the digital age, providing easier access to digital goods and services. For copyright, the DSM strategy includes several key changes and harmonization efforts, including:

1. Portability of Online Content Services: EU residents can access their online subscriptions for content services like music, games, films, and TV programmes when travelling across the EU.
2. Improved Cross-Border Access: Efforts to simplify the distribution of television and radio programmes online across member states.
3. Copyright Exceptions: Introduction of EU-wide exceptions for text and data mining for research purposes, education, and preservation activities by cultural heritage institutions.
4. Fair Remuneration for Authors and Performers: Ensuring that authors and performers are paid fairly for the use of their work online.
5. Fighting Piracy: Stronger enforcement measures against piracy and counterfeit goods, including a “follow the money” approach targeting illegal profits.

While the UK has left the EU, the influence of the DSM on UK copyright law continues, particularly in cross-border matters and for UK entities operating within the EU or serving EU citizens.

For guidance on how the DSM might impact your digital content or services within the EU, or to understand how Brexit affects your copyright interests, do not hesitate to contact us for a detailed discussion. Reach out to our IP specialists on 0207 459 4037.