Copyright

How we can help you

Copyright is a right which arises automatically and gives the owner the right to prevent the copying of the work created.

Copyright covers a wide range of areas of both personal and commercial life.  It reaches into the world of art as well as the IT sector.  It applies equally to sculptures as it applies to architects work as it applies to the written word and the broadcast image.  Basically it is a bundle of rights covering a wide area.

Scope of copyright

The legal definitions cover the following areas:

• original literary, dramatic, musical or artistic works
• sound recordings, films, broadcasts or cable programmes
• typographical arrangement of published editions

The areas they cover are very broad. For instance an artistic work covers the following areas:

• a graphic work, photograph, sculpture or collage, irrespective of artistic quality
• a work of architecture being a building or a model for a building or
• a work of artistic craftsmanship

How do I copyright something?

You don’t.  The rights arise automatically as long as your work fits the relevant test.  So if you have, say, a literary work then Copyright will arise in the work as long as:

• The work is recorded, in permanent form or otherwise.
• The work is Original, that is to say it has not been done before.

So that's it then?

Well yes.  The issue comes when you have to prove that you created the work in question and when you did it.  You may have heard of people posting things to themselves.  Well the reason they do that is so that they can have a postmark on the envelope, which gives a date.  The alternatives are to create your own “design book” or database or deposit a copy of your work with a third party such as your solicitor or an organisation such as A©ID.

Watch our video on copyright

Click on our video link below to watch our video on copyright.

Speak to one of our copyright experts, Niall Head-Rapson or Kelly Hudson - email legal@mcdanielslaw.com or call +44 (0) 191 281 4000.