Why Copyright is Important for Businesses in England

Your business may create or purchase assets capable of copyright protection. You therefore may wish to learn how the protection works and why copyright is important for businesses. This article will explain why copyright is important for businesses in England and what options copyright grants you if someone breaches these rights.  

What is Protected by Copyright?

Copyright is a form of intellectual property protection reserved for creative work. It provides the holder with complete exclusivity and control over the work in question. Copyright protection arises automatically upon the creation of the work. Therefore, you do not need to register the product with the Intellectual Property Office as you might with other intellectual property like trade marks. 

The types of work protected works include:

• musical works;
• literary works; 
• non-literary works like software programming; and 
• photography. 

It is recommended to use the © symbol beside works you wish to protect. Doing so indicates to others that you may assert your copyrights over the work if others use it without your consent. By using the © symbol, you are clearly stating the copyright has not expired and that your rights are legally enforceable if infringed.

Who is the Owner?

Copyright ownership usually belongs to the original author. However, in the circumstance where an employee has created something in the course of their employer, the employer will usually own the copyright to the original work. This right arises where there is an agreement in place to this effect. Usually this is contained in an employment contract. However, you should note that the law will not automatically recognise an employer’s rights over work created by an employer unless it is a term of employment. 

The Financial Value of Copyrighted Works

The nature of copyrighted works means you can sell stakes in the work to others, which is one reason why copyright is important for businesses. This makes copyrighted works valuable income generators, as well as capital assets. For instance, your business may create a piece of music that another business wants to use in their adverts. You can grant them a license to use the music for a specific period in exchange for payment. When you do this, you still retain ownership of the copyright but grant another person limited use of the work.

Alternatively, you can outright sell the copyright. This gives all ownership rights to the buyer. The effect is that you no longer own the work. 

You should obtain the advice of an intellectual property solicitor if you are considering licensing or selling the rights to your intellectual property.

Enforcing Your Copyright

If you suspect your copyright has been infringed, you may wish to enforce your rights against the other business. Examples of copyright infringement include:

• a business using your musical work without your consent; 
• someone copying your artwork and distributing it; or
• a business using your photography for marketing purposes.

If you suspect someone is infringing your copyrights, you should reach out to a solicitor experienced in contentious intellectual property law. They will advise you on how to assert your rights and claim damages where appropriate. 

However, the general procedure where you suspect copyright infringement is as follows:

1. Contact the individual or business you suspect is infringing and demand they cease the unauthorised use of your work. 
2. If they do not, you should first consider alternative forms of dispute resolution such as mediation or arbitration. 
3. If you cannot negotiate fairly, your last resort will be to start civil proceedings in court. This is however costly and time-consuming.

 All three options above should be carried out with the assistance of a legal professional.

Key Takeaways

If you are a business in England that owns intellectual property, you may wish to know why copyright is important for businesses. Certain works automatically obtain the benefit of copyright. This means you can prevent others from using your work without your permission. Copyrights also allow you to sell interests in the work through licensing agreements or a sale of the ownership rights. 

If you need help or advice around copyright or other intellectual property protection such as trade marks, 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