About Copyright
Scope of Copyright
Copyright is an automatic proprietary right which arises in relation to the creation of an original work through the application of skill and labour. It can subsist in literary, dramatic, musical or artistic works as well as in sound recordings, films, broadcasts or capable programmes.
A typical business will have copyright in all written materials it produces, in any designs or artwork it creates as part of its packaging or promotional materials and potentially in drawings it has for the design of its products or the layout and content of its web-site.
Ownership
The author of the original work is the first owner of the work but if the work is created in the course of employment it will automatically belong to the employer. Where a third party has been tasked with creating a work where copyright is likely to subsist, the copyright will belong to that person unless provisions have been made to transfer the same to the party requesting the work upon its creation.
Where a number of people have collaborated to create work and their contributions are not distinct from the contribution of the other authors, each will be considered a joint owner of the work. Dealings with such works usually require the cooperation and consent of all joint owners.
Duration of Protection
The length of copyright protection varies depending on the type of right, but for artistic and literary works (the most common type of copyright in business), the duration of protection is 70 years from the end of the year in which the author died. Artistic works which have been produced industrially are protected for 25 years from first manufacturing or marketing.
Rights Conferred by Copyright
Copyright gives the proprietor an exclusive ownership rights which mean that he or she can sell or licence the copyright in return for royalties. Anyone who does not have the permission of the proprietor and reproduces the whole or a substantial part of the protected work infringes the proprietors rights. The consequences of infringing copyright can result in the offending party being liable to pay damages to the owner or, in certain cases, the imposition of a custodian sentence of up to 10 years in prison.
Tips for Managing Copyright
If you believe you have created a work where copyright may subsist, you may want to prove the fact that you created the work and the date you created it by date stamping and mailing to yourself by recorded delivery and keeping sealed. As a minimum, you should keep a basic spreadsheet register listing what you have created and when you created it. When you are using the work, you should signify that you assert ownership in the work by using the © along with your or your company’s name and the year of creation. For information, please contact an ITMA member.
Find a Local Trade Mark Expert
Find your nearest Trade Mark expert using the options below:
