Data Protection & Copyright – Copyright

Last Updated
July 20, 2010
  • Copyright is an automatic protection over creative work you publish.
  • You do not need to register copyright for it to apply to your creative work.
  • Copyright gives you the rights to control the reproduction of your creative work.
  • You can display © on copyrighted work.
  • The recommended way to display copyright on your work is the © symbol followed by the name of the owner of copyright and the date of publication.

How long copyright lasts

  • A copyright lasts for the duration of the author’s life.
  • For sound recordings and broadcasts, copyright also lasts for an additional 50 years after the death of the author.
  • For all o ther forms of copyright, the copyright also lasts for an additional 70 years after the death of the author.

What can be copyrighted

  • Literature (including articles, novels, song lyrics and instruction manuals)
  • Art (including photographs, logos, paintings, maps and architecture)
  • Music
  • Sound recordings
  • Films
  • Broadcasts
  • Drama (including dance and mime)
  • Computer software

What can’t be copyrighted

  • Words, names, logos or designs – or a combination of these – which are distinctive for the goods and services you provide. (These are covered by trademarks.)
  • Artwork of a logo is copyrighted protected, but it does not give the full protection a trademark would give.
  • Ideas or inventions. (These are covered by patents.)

Using copyrighted work

  • You must not copy or use a work protected by copyright without permission.
  • You must not reproduce copyright protected work in another medium without permission. This includes publishing photos on the internet or making a sound recording or a book.
  • A request to copy or use copyrighted work can be rejected.
  • Permission to use copyrighted work could carry a fee (a royalty).

Who a copyright belongs to

  • If you create a piece of work for your own use, you would be the copyright owner.
  • If an employee creates a piece of work for your business, the copyright belongs to the business, not the employee.
  • If another company (such as a design agency) creates a piece of work for your business (such as a business logo), the copyright remains with the other company. It is common practise for the other company to hand over the ownership of the copyright with the completed work.
  • If you sell or give away a copyright, you no longer own it and you no longer have the right to use it without the permission of the new owner.

Proving you hold a copyright

  • Officially date your work by depositing a copy of it at a bank, or have a copy signed and dated by a solicitor.
  • This does not prove that a work is original or created by you. But it may be useful to be able to show the court that the work was in your possession at a particular date.

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