If you’ve created something original, copyright law in the UK protects your work from being used or reproduced without your permission. If you’re a copyright owner and you haven’t given permission for others to use your work, they cannot:
Copy the work.
Sell or distribute free copies of the work.
Rent or lend the work.
Perform or broadcast the work.
Adapt the work.
Upload the work to the internet.
However, some acts are considered to be “fair dealing,” and these are permitted under copyright law. “Fair dealing” acts that DO NOT infringe upon your copyright include:
Private study or research.
Criticism (e.g. parts reproduced for reviews, news reporting, caricature, or parody).
Educational purposes (e.g. borrowing, lending, copying, and performance for teaching).
Incidental inclusion (i.e. your work was non-deliberately included in another’s work).
Time shifting (i.e. recording a broadcast or programme for later consumption).
Library copies for lending.
Back-up copies created for personal use.
Generally speaking, any work that is original and “exhibits a degree of skill, labour or judgement” is protected by copyright law, regardless of how they’ve been published (e.g. hard copy, internet, etc.).
Literary, dramatic, musical, and artistic work.
Web content, software, databases, and other non-literary written work.
Recordings and broadcasts, including sound, music, film, and television.
Layout and arrangements for published editions of written, musical, or dramatic works.
Some things, such as ideas and names, cannot be copyrighted. Names, catchphrases and slogans can be trademarked, and some ideas (e.g. inventions) can be patented, but copyright will not protect these ideas or prevent others from using them.
Visit GOV.UK to see how long copyright usually lasts.
In the UK, you don’t have to pay a fee or register your work to have it copyrighted. Once you’ve created an original work, it’s automatically protected under copyright law. Copyright normally belongs to the individual(s) who created the work, but if a work is created for an employer as part of a job, then copyright will often belong to that employer. This does not usually apply to freelance or commissioned work, unless an agreement transfers copyright. If you wish to deter plagiarism, show that your work is copyrighted, or identify yourself as the copyright owner, you can mark your work with the copyright symbol (©) or request a copyright notice from the Intellectual Property Office. Note that neither of these actions are legally required, however.
There are three steps you should take if you suspect that someone is infringing upon your copyright:
1. Try to get the other party to stop using your intellectual property.
Sometimes the person using your intellectual property may not realise that you own the rights. You should check the licenses register to see if someone else has licensed your work. If they’re in the process of applying for a license, you can apply to have this application stopped.
2. Use mediation to resolve the dispute.
If you have a dispute about licensing or if you need help mediating the dispute, contact a solicitor that specialises in intellectual property. The Intellectual Property Office (IPO) also offers a mediation service:
IPO mediation service: firstname.lastname@example.org
Telephone: 0300 300 2000
3. Take legal action.
If a dispute cannot be resolved through mediation, you can file legal proceedings through the courts or through IPO. The court you go to depends on the value of your claim and the nature of the infringement. You can find more about how to defend your intellectual property on GOV.UK.
General liability policies only cover you against things like injury, negligence, and property damage. To protect yourself against copyright infringement claims, you need Professional Indemnity Insurance. Professional liability insurance is the best way to protect your business against accidental use of another’s copyrighted material. And even if you’re not personally concerned about copyright infringement, a comprehensive package will protect your business should another (e.g. a freelancer or subcontractor you hire) fall afoul of a copyright claim.
Alison Wild BCom (Hons), MAAT, MATT, Taxation Technician is a highly respected industry professional who has been working with and advising SMEs in areas including tax, pensions, insurance and marketing for over 25 years. She is a member of the Association of Accounting Technicians (AAT) and Association of Tax Technicians (ATT) and also has 20 years' experience as a residential landlord.
Date: December 08, 2016
Category: Small Business