How Does the Copyright Symbol Work in the UK?

Copyright is a form of intellectual property that protects creative works. You may notice the copyright symbol on: 

• articles and products; 
• television programmes and films; and 
• the pages of books. 

This article explains how the copyright symbol works in the UK and how you can use it in your UK-based business.

The Basics of Copyright Protection

Copyright law protects the expression of ideas. In the context of your business, this may include: 

• your website; 
• your marketing brochures; 
• product or service descriptions; and 
• any pictures or photographs you have created that you use in your marketing. 

Likewise, if your business creates software or provides customers with video or audio content, such as a digital course, copyright law will protect it. 

The length of time that you have this right varies. However, in most cases, it will exist for the author’s lifetime plus an additional 70 years. Unfortunately, there is no way to register a copyright in the UK, as it applies automatically. Therefore, it is a good idea to record the works you create and when you begin working on them. 

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What is the Copyright Symbol, and How Do I Use It?

Marking the content and materials of your UK business with the copyright symbol and a simple copyright statement shows others: 

• that the material is copyright protected;
• when you created it; and 
• who the copyright owner is. 

Although it is unnecessary to mark your creative works with the copyright symbol as it applies automatically, doing this can serve as a deterrent against unauthorised copying of your material. Also, using the copyright symbol informs potential investors who the copyright holder is so they can approach them for permission to use their material legally.

The easiest way to mark your work as copyrighted is to: 

• use the copyright symbol; 
• indicate the copyright owner; and 
• when they created the work.

For example, you could copyright this article as ‘© LegalVision 2022’. You could also include a copyright statement on-screen or in the audio for sound recordings for audio-visual material. For instance, audiobooks often have a copyright statement at the very beginning of the recording. It is important to note that you can also include the copyright symbol in any accompanying written materials. 

Allowing Others to Use Your Copyright Symbol

Materials that copyright protects are potentially valuable business assets. Although you have the right to use these materials yourself, you also have the right to decide who else may use them. Thus, you can potentially receive an income by selling the right to use your content.  

Further, you can sell the exclusive right to use copyrighted content. However, this means you can no longer use that material unless you gain permission.

As the creator of the material, you can also sell the copyright entirely if you wish. You can do this through an assignment of copyright.

There will be situations when a person will not need to request permission from you to use your copyrighted material. In this case, someone may wish to use an amount of your content for: 

• research or private study;
• criticism and review;
• news reporting;
• educational purposes; or 
• parody purposes. 

This process is known as ‘fair dealing’ in the UK. Additionally, parties wishing to use your work have a limited right to make a temporary copy. For example, when you visit a website, your Internet browser copies each web page. It does so so that if you revisit that web page, it will reload faster.

Copyright Infringement

The first step in stopping someone else from infringing on your protected works is to identify:

• what is an infringing act; and 
• what is permitted by law. 

Sometimes, this is as clear as someone directly copying your work. However, it can be hard to decide what “substantial” copying would look like. Other more clear infringing acts include:

• unauthorised translations;
• making the work available online without your permission; or 
• the distribution of unauthorised copies.

After you have concluded that you think your rights have been infringed upon, it is essential to begin compiling evidence of the potential infringement. For example, you could document:

• where and when you discovered the infringing material; and 
• record any conversations that take place between you and the other party. 

You could send a cease and desist letter to clearly and formally establish your legal rights. This would lay out a clear and reasonable deadline for them to stop the infringing behaviour. If the dispute reaches a court hearing, the court is likely to look favourably on any part that shows a willingness to resolve matters amicably outside of court.

Key Takeaways 

Copyright protection arises automatically from the moment you create your work. As a result, it is unnecessary to use the copyright symbol in your business’ creative works. However, marking your content with the copyright symbol and a simple copyright statement demonstrates to others that copyright protects your content. Doing so can serve as a deterrent against copyright infringement. Finally, using the copyright symbol in your UK business informs your readers who they can contact to try and gain permission to use your material.

If you need help protecting your business’ creative works through copyright, 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.

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