Basics of copyright law

Copyright law can be complex, and it is not always clear who owns the copyright or what action can be taken if a work is copied without permission. We explain some of the key rules to help you understand your rights and options.

We look at:

• The basics of copyright law
• How to stop copyright infringement
• Reputation and moral rights

The basics to copyright law

Unlike other forms of intellectual property (such as trade marks), copyright cannot be registered in the UK. The work must be original to qualify for copyright protection. The law on originality is complex, and a work may qualify even if only some of its elements are original.

The general rule is that the creator of a copyright work is its first owner. If more than one person creates the work jointly, they may have joint ownership. In the case of an employee, work created in the course of employment will usually belong to the employer.

In the UK, copyright infringement can be primary or secondary.

Primary copyright infringement

Without the copyright owner's permission, carrying out any of the following restricted acts may amount to infringement, where the whole or a substantial part of the work is involved and no exception applies:

• Copying a copyright work. This includes photocopying or reproducing a printed page by handwriting or typing its content, as well as copying recorded music;
• Issuing copies of the work to the public;
• Renting or lending copies of the work to the public;
• Performing, showing or playing a copyright work in public, including performing a play or music or showing films or videos;
• Communicating the work to the public; or
• Adapting the copyright work, or carrying out any of the restricted acts above in relation to an adaptation.

Secondary infringement of copyright

Secondary infringement can arise where a person deals with infringing copies in certain ways, including importing, possessing, selling or distributing them, where the relevant legal requirements are met.

For example, importing and selling merchandise containing material copied without permission may amount to secondary infringement, even if you did not physically make the copies yourself. It is important to check the copyright position before importing or distributing potentially infringing goods.

Stopping copyright infringement

Success depends upon gathering strong evidence and choosing the right strategy.

There are a variety of approaches to consider depending on the facts. A typical approach is:

• Gather information - we review your work and the allegedly infringing work to assess whether there may be a valid claim.
• Contact the alleged infringer - we can help explain your objections and request that the activity stops. Where appropriate, we will seek to settle the claim through reasonable proposals before court proceedings are considered. Settlement is often quicker and cheaper than court action.
• Settlement discussion can run alongside court action - depending on the circumstances, an injunction may be sought to prevent further infringement, and damages or an account of profits may be available. Court proceedings may require specialist litigation support.

Reputation and moral rights

UK copyright law provides certain moral rights that help protect authors' and directors' connection with their work. Moral rights cannot be assigned but may be waived in writing.

Moral rights capable of protection

Subject to statutory conditions and exceptions, authors and directors may have the following moral rights:

• To be identified as the author or director of a copyright work; for example, a film director may have the right to be identified as its director. This right generally needs to be asserted.
• To object to derogatory treatment of a copyright work; for example, an artist may object to changes that are prejudicial to their honour or reputation.
• Not to suffer false attribution of a copyright work; for example, a singer may object to being falsely identified as the creator of another person's songs.
• Privacy in respect of certain commissioned films and photographs created for private or domestic purposes, including the right to prevent their unauthorised public use.

Achieving the result you want

The risks associated with moral rights differ depending on who you are.

• Purchasers of copyright: If we are advising on the purchase of copyright under a commercial agreement such as a licence we will always raise the waiver of moral rights to protect the purchaser from the risk of claims.
• Sellers of copyright: When advising on the sale of copyright, we consider whether contractual restrictions on how the work may be used are needed to protect the author's reputation and branding. These restrictions should be addressed expressly in the commercial agreement.