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If you are concerned about a competitor using your business’ copyrighted work without your consent, you may wish to know how to enforce your rights in order to both challenge this. Likewise, you will want to prevent it from happening again. This article will discuss how to enforce your copyright in the UK.
What is Copyright?
Copyright is a type of intellectual property reserved for mostly creative pieces of work. Copyright ownership is gained automatically once the creative work has been produced. That is, you do not need register your work with the Intellectual Property Office (IPO) for you to gain certain rights over it. It also follows that there is not a registered list of all copyrighted items within England, as there are for other forms of intellectual property like trade marks.
In order for your work to qualify for protection under copyright, it must be original in character. Likewise, the work requires some skill for it to come into being.
Usually, the individual who is responsible for creating the work is the owner of the copyright. That said, the situation changes where an employee creates the work in the course of their employment. Most employment contracts are governed by a term that automatically vests ownership in the work with the business.
Examples
Some examples of creative works that automatically gain copyright protection are:
- musical and sound recordings;
- original literary and non-literary written work;
- illustrations; and
- photography.
Copyright does not include things such as:
- a business name;
- a logo associated with your work; and
- phrases associated with your business.
Items under the second list are capable of protection, but not under copyright law.
You may see copyrighted products display the © symbol.
International Protection for Copyright
If your business produces eligible works, they are automatically protected under copyright law in England. Additionally, it is possible for your work to have international copyright protection. In particular, the Berne Convention for the Protection of Literary and Artistic Works provides a mechanism to protect your rights internationally. Provided the work is created by an English resident and falls within the scope of the convention, it is automatically protected.
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Infringement
If another individual uses your materials without consent, they are breaching your intellectual property rights. Copyright grants the owner exclusivity over the usage of the work. Therefore a competitor cannot use your work or distribute it in any way without your express permission to do so.
Examples of copyright infringement include but are not limited to:
- using unauthorised music in an advert;
- reproducing copies of your photograph;
- downloading your film and distributing it;
- adapting your original work; and
- issuing copies of your work to the general public.
How to Enforce Your Copyright
The first step is to reach out to the individual who has infringed your copyright to inform them of your exclusive rights over the work. In many cases, individuals making unauthorised use of copyrighted works are not aware they are infringing on another’s rights.
However, in some cases, a business may be aware or does not otherwise intend to stop the unauthorised use. In such cases, you will need to escalate your response. You may consider alternative dispute resolution procedures (ADR) such as arbitration or mediation before pursuing court action. This is because court action is costly and time-consuming.
If ADR does not work or does not produce the outcome you desire, you will need to initiate court proceedings. You should obtain advice from a solicitor skilled in intellectual property right litigation before commencing any action.
If you suspect someone else is using your work without your permission, you should take immediate action. The quicker you act, the better chance you will have of stopping the unauthorised use and recovering damages. Prompt action will also better protect your business’s reputation and integrity.
Key Takeaways
Creative works in England automatically receive copyright protection upon their creation. These rights grant exclusive use of the product. This means a competitor or any other individual cannot use, distribute or sell your work without your consent. If they do so, they will be in breach of your copyright and you can take appropriate action. It is important to know how to enforce your copyright.
You can enforce your copyright in several ways. Firstly you should consider reaching out to the business that has used your work without your permission and ask them to stop. If this does not work, you can consider using alternative dispute resolution such as mediation. The last resort should be initiating court proceedings.
If you need help or advice around enforcing your copyright or intellectual property infringement, 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 at 0808 196 8584 or visit our membership page.
Frequently Asked Questions
There are many different types of creative work that receive protection, including literary and non-literary work, artistic works, sound and film recordings, electronic databases, musical works and layouts of publications.
Copyright infringement is usually when a business or individual uses or distributes your creative work without your consent. Sometimes this is done innocently, but if they do not cease their actions, you can take enforcement action such as mediation or court proceedings.
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