This fact sheet provides a brief outline on the workings of what is a complex area of law. Legal advice should be sought before making any decisions.
The Copyright Act of 1988 gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions and mutilations of his work.
Copyright arises when an individual or organisation creates a work, and a work is subject to it if it is regarded as original, and must a exhibit a degree of labour, skill or judgement.
Interpretation is related to the independent creation rather than the idea behind the creation. For example names, titles, colours etc. are not covered, however a creation combining these elements can be. It may protect a work that expresses an idea but not the idea behind it.
Normally the individual or collective who authored the work will exclusively own the copyright. However, if a work is produced as part of employment then normally the copyright belongs to the person/company who hired the individual. For freelance or commissioned work, copyright will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service). Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.
Duration
For literary, dramatic, musical or artistic works; 70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, (by authorised performance, broadcast, exhibition, etc.) Typographical arrangement of published editions; 25 years from the end of the calendar year in which the work was first published. The computer programs regulations in 1992 extended the rules covering literary works to include computer programs
Sound Recordings and broadcasts; 50 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, (by authorised release, performance, broadcast, etc.)
Films; 70 years from the end of the calendar year in which the last principal director, author or composer dies, or the work is made available to the public, (by authorised performance, broadcast, exhibition, etc.)
Areas Covered.
Literary: Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
Dramatic: Plays, dance, etc.
Musical: Recordings and score
Artistic: Photography, painting, architecture, technical drawings/ diagrams, maps, logos, etc.
Typographical arrangement of published editions: Magazines, periodicals, etc
Sound recordings: May be recordings of works, e.g. musical and literary
Films: Broadcasts and cable programs
Rights do not subsist in any part of a work which is a copy taken from a previous work.
Acts restricted by copyright
It is an offence to perform any of the following acts without the consent of the copyright owner:
copy the work, rent, lend or issue copies of the work to the public, perform, broadcast or show the work in public, adapt the work. The author of a work or director of a copyright film may also have certain moral rights; the right to be identified as the author, right to object to derogatory treatment.
Acts that do not infringe copyright
'Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are;
Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting. Incidental inclusion.
Copies and lending by librarians.
Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
Recording
of broadcasts for the purposes of listening to or viewing at a more
convenient time, this is known as ‘time shifting’. Producing
a back up copy for personal use of a computer program. Playing sound
recording for a non profit making organisation, club or society. [Profit
making organisations and individuals
should obtain a licence from the Performing Rights Society.]
FAQS
Can I copyright an idea?
No. Copyright may protect a work, drawing or plan that outlines the idea, but copyright cannot prevent the idea itself from being used elsewhere. Dependent on what the idea is, i.e. an invention, it may be possible to apply for a patent.
Are names protected by copyright?
No. There is no copyright in a name, title, slogan or phrase. These may however be eligible for registration as a trade mark. For more information contact your solicitor.
What about the Internet?
Under UK law, it makes no difference how the work is stored or published, copyright law still applies
What about music which is made up of sample and loops of other songs?
Copyright does not subsist in any part of a work which is a copy taken from a previous work, so although the work for the main part may be original and copyright apply, the parts which were copied from another track would retain the original copyright. You should certainly seek permission from the original author of the samples before you consider publishing or broadcasting such a work.
What about computer programs and material stored in computers?
Under the 1988 Copyright designs and patents act, computer programs are now protected as literary works. Databases may receive copyright protection for the selection and arrangement of the contents. Also database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
What constitutes a copyright work?
Any literary, dramatic, design, musical or artistic work. So long as the work, "exhibits a degree of skill, labour or judgement".
Can Copyrights be inherited?
Yes. The person who inherits the work will become the new copyright owner.
Does format or quality of the work matter?
Copyright exist in works regardless of format, i.e. negatives or photographs, computer files or paper documents, and regardless of the quality of the work.
What happens when a copyright expires?
The work will fall into the public domain, making it available to anyone wishing to use, copy or reproduce the work. This is how so many companies can publish works by William Shakespeare, classical composers etc.
Where can a copyright licence be obtained from?
The Copyright Licensing Agency licences users to copying extracts from books, journals and periodicals, and collects fees from licensed users to pay authors and publishers their shares of the copying fees.
Is a licence needed for the public performance of music?
Yes, to obtain a performance licence contact the Performing Rights Society.
How does copyright apply in works which contains extracts, quotes etc.?
Copyright exists in all parts which are of original creation, (i.e. excluding any parts quoted or copied from other works). Any non-original parts retain the original authors copyright, and permission should be sought before using them.
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