Get smart on copyright law

Last updated 00:21, Wednesday, 05 March 2008

THE concept of copyright was first recognised back in the 18th century and the law governing it is now principally contained within the Copyright, Designs & Patents Act 1988. Copyright has a number of sister rights including moral rights, publication rights and author’s resale rights.

Copyright is one of a range of measures which protect intellectual property (IP). Copyright doesn’t just cover written works like books, plays and articles: it also covers works of music, art, broadcasts and computer programmes.
A copyright owner has the right to control use of their work, share copies, perform the work and to adapt it.

There is no requirement to register a work to gain copyright protection. If protection exists, it is automatic.

So what should companies do to ensure the protection of copyright laws and to give them the best chance of support in a dispute?

Clearly mark any work with the copyright symbol©: Marking and dating your work shows that you are intent on protecting your work and asserting your rights.

Create evidence of ownership: Sending a copy of the work to yourself by recorded delivery and leaving the envelope unopened is one method to help your claim to ownership, but it may better to send a copy to a third party like a solicitor.
Online protection: The Internet is mistakenly viewed as a free-for-all where images, articles and other material may be re-used without consideration of copyright.

If you are serious about protecting your content, it’s essential to make it clear in the terms and conditions of use of your website.

Sensitive or valuable content can be restricted to paying subscribers, and there is also software available which prevents text being copied or printed.

Supporting Evidence

In a dispute, it will help you if you have some evidence of how you developed your original work, eg: notes on the structure of an article or initial sketches of a drawing.

Additional information is available from the UK Intellectual Property Office at www.ipo.gov.uk.

For further help or advice on copyright and other intellectual property issues, contact Vaughan Jones on 01228 552222 or visit www.burnetts.co.uk