Copyright
Copyright Protection Issues
So, what is a Copyright anyway?
Copyright is an automatic protection over creative work published by an author: hence no registration is required to protect such work. Copyright will give the author rights to control the reproduction of their work.‘Creative’ work includes:
-
Literature (articles, novels, lyrics)
-
Art (photographs, logos, paintings, architecture)
- Music
- Sound Recordings
- Films
- Broadcasts
It should be noted that names, titles or slogans cannot be copyrighted – these would be classed astrademarks and are protected by a separate law (and process).
In addition, copyright does not protect ideas or inventions – a patent would be required to protect an invention. It can however be used to protect how an idea or invention is expressed.
Copyright extends from the ‘real world’ to the Internet – the procedures and law are exactly the same.
Using Copyright for Financial Benefit
Just as you can with any type of intellectual property, copyright work can be sold, leased, or inherited.
Other parties cannot produce your work without your prior permission. In some cases, you may reject the request of a party to reproduce your work, where in some cases you may allow reproduction for free or for a fee (a royalty). If allowing a party to reproduce your work, you should create an agreement stating terms and conditions for use.
If you sell or give away the copyright, the ownership is no longer yours and you no longer have the right to use the work without the permission of the new owner.
Does my Copyright Extend Overseas?
Copyright extends to most countries which are ruled by the same International association. However, some countries may have minor differences to using and displaying copyright material.
Marking Copyright Material
Copyright material is marked by displaying a © symbol next to, or within proximity to, the appropriate material.
The recommended way of displaying a copyright mark is as follows:
© Author/Owner of copyright, Date of publication.
Example: © InterCity 2004 – 2009
If you want to display a copyright mark for material on a web page, it is common for the web publisher to display the mark at the bottom of each appropriate page.
How to prove that the work is originally mine?
This can be a very difficult area and is usually left to the discretion of the court if an infringement occurs. However, there are ways that you can officially ‘date’ your work which will act in your favour if the infringing party cannot prove that they created the work at an earlier date.
Firstly, copies of the work can be deposited at banks or signed and dated by a legal representative (i.e. a solicitor). In addition, you could send a copy of the work to yourself via recorded delivery and leave unopened on receiving: the packaging would display a stamped date.
However, it is important that you do not attempt to prove the originality of your work by using a method where the date can be easily fixed or tampered with. For example, saving work onto computer disks can produce wrong date signatures if the computer’s calendar is inaccurate.
Duration of Copyright
A copyright lasts for the duration of the author’s life plus an additional 70 years after death. For sound recordings and broadcasts, it only lasts for an additional 50 years after the death of the author.
When a Copyright Does Not Belong to the Author?
If an individual created a piece of work for their own use, they (the author) would be the copyright owner.
If an individual created a piece of work for the company they worked for, the copyright would belong to the company and not the author. The same principle applies to, say, students whose university projects will be attributed to the university and not the student (unless otherwise stated by the university).
Other scenarios would be when, say, a graphic designer creates a logo for a company (that paid to use the service). On handing the finished logo over to the company, the graphic design company are still the rightful owners of the copyright. However, it is common practice for the graphic designer to hand over the ownership of the copyright with the completed logo.
What if a party infringes my Copyright?
If your copyright has been infringed, you have a right to take legal action. However, copyright cases are usually hard to judge and are very expensive – especially if you lose the case.
It is therefore advised that you attempt to form a personal agreement with the infringing party – should this be a request for them to remove the material or to charge them a fee (royalties). If the infringing party refuse to your demands, you should seek legal advice before taking further action.
Infringing a copyright on purpose is a serious incident, however more serious copyright issues on a larger scale will be dealt with by the police i.e. copying and distributing CD’s, videos, software, etc.
How to use Copyright Material that is not mine?
If you want to reproduce material that is not yours, you must get the permission from the copyright owner. If they allow you to reproduce the material, they may charge you or let you reproduce it for free (with strict terms and conditions).
There are certain exceptions where permission is not required:
-
For research and private study purposes
- Reviewing & reportin
- Using as teaching material
However, if any of the above requires copying large amounts of the work or making numerous copies of the work, permission is required.
‘State copyright’ material can usually be reproduced freely given that it is reproduced accurately and not in a misleading fashion that the material is the work of the reproducing party.
So, what exactly is State Copyright Material?
“Copyright material which is produced by employees of the State in the course of their duties. Therefore, most material originated by ministers and civil servants is protected by State copyright”