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Even if your business does not engage in creative work, you have likely still created some creative works in the course of business. For example, your business’s logo, blog articles, catalogue descriptions, photographs and more all constitute creative elements. As such, you can protect them with intellectual property protections. In this article, we will focus on copyright protection. This will help you understand how copyright protection works in the UK and how you can protect these creative elements for your business.
What is Copyright?
Copyright protects the expression of ideas. It applies to literary, dramatic, musical or artistic works. In the context of your business, this could look like marketing material that you write, designs that you draw up or photographs that you take. In short, if you had an idea and recorded that idea somehow, it is likely eligible for copyright protection.
It is important to note that ideas themselves are not eligible for protection. The material recording of the idea is what copyright protects. For example, suppose you have an idea for a book. You do not have copyright protection over the idea for your book, and other writers can also use that idea in their own work. However, they cannot use the actual words you type or substantially copy them. They constitute the material expression of your idea, and that has copyright protection.
Copyright applies when you document your idea, so you do not need to apply for it with any government body to enjoy protection. However, you need to keep a record of when you recorded your idea, so you know the date of when your copyright protection began. For example, if you type a document on your computer, you ‘record’ it as soon as you save that document. If you are handwriting something, it is documented as soon as you have finished writing.
You can use the copyright symbol to show that your work is copyright-protected and that you own the rights to it.
Does the Work Need To Be Entirely My Own?
Another essential requirement is that copyright only applies to your original creations based on your expression of an idea. You cannot use someone else’s expression of that same idea and then claim copyright over all of what you then create. This is called a ‘derivative’ work.
If you use another person’s work without permission, you infringe their copyright. Even if you had permission to use their material, you could only claim your own copyright ownership on the parts of your work that were your original contribution.
How Long Does Copyright Protection Last in the UK?
The length of your copyright protection depends on the type of work. For literary, dramatic, musical or artistic works, copyright protection lasts for the author’s entire life and 70 years afterwards.
If you create a sound recording, copyright protection lasts 50 years from when you make the recording. However, if you publish the recording, or make it available to the public somehow, then copyright protection will last for 70 years from the end of the calendar year in which you make it available.
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What Is Copyright Infringement in the UK?
If you own copyright over a work, this entitles you to the exclusive use of that work for as long as the copyright lasts. That means you have full control over who else (if anyone) can use your work.
Because you have this exclusive right to use your copyright-protected work, others cannot use your work without permission. If they do so, this constitutes copyright infringement.
There are two ways in which somebody might infringe your copyright. Firstly, they could do so directly. This may look like copying something you wrote, or directly copying elements of your business’ website. Secondly, they could provide the means to enable someone else to copy your work.
Remedies for Copyright Claims in the UK
There are a few different remedies available to you if someone breaches your copyright. These include:
- an injunction, which orders the individual to stop the infringing conduct;
- damages, which may potentially constitute the licensing fee the infringer would have otherwise had to pay, or sales lost as a result of the infringement; or
- an order for the seizure or destruction of the infringing items.
If the infringement is not severe or particularly damaging, you may want to inform the infringer about your copyright and ask them to stop the infringing conduct. Sometimes, this will be sufficient to end the infringement. However, if they refuse or the infringement is severe, you may want to elevate the claim and seek a legal remedy. In this case, we recommend engaging a copyright lawyer to help with your claim.
Defences to Copyright Claims in the UK
Sometimes, an infringer might claim they could use your copyright protected material. For example, your website terms and conditions may suggest that people can use the content on your website. For this reason, you must make sure that your website terms and any contracts you enter into with customers or contractors are clear on copyright protections.
There is also a ‘fair dealing’ defence to copyright infringement. This defence may apply where the individual uses your content for:
- research or private study;
- criticism and review;
- news reporting;
- educational purposes; or
- parody purposes.
There is also a limited right for quotations and temporary copies. This may include the cached copies of websites that your internet browser makes when you use a website.
Key Takeaways
Gaining copyright protection for your creative business assets in the UK is relatively straightforward. You do not have to apply for protection, as it begins when you document your work. However, you need to ensure that you enforce these protections. Ensure that all your business’ contracts clearly state your business’ position on copyright. This will help if you discover that someone else has stolen your business’ intellectual property.
If you need help to ensure your copyright is fully protected, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
No, you cannot register your copyright protection in the UK. This is because copyright automatically commences from when you document your idea.
It depends on the material you create. Generally, the creator of the work owns the copyright protection. Therefore, the copyright lasts for the owner’s lifetime, plus 70 years.
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