In this post we will discuss copyright infringement and how it can protect your works. We will discuss copyright related to the UK and other countries as well as acts.
How Copyright Protection Arises
In the UK, copyright protection is governed by the Copyright, Designs and Patents Act 1988 (CPDA). In contrast to trade marks, patents and registered design rights, copyright is an intellectual property right that arises automatically, without the need for active registration. This is subject to your work (whether artistic, dramatic, musical or literary to name a few) being one that is 1) original and 2) ‘fixed’ in a some form. We explore these requirements in further detail below:
- Originality – The idea is that during the making of the work, the creator must demonstrate a degree of skill, labour and effort to an adequate extent, as opposed to copying an existing piece. The purpose of copyright is to encourage creativity and innovation by protecting the rights of creators and creating a system where they can earn income from their original works.
- Fixation – Whether a work is fixed in writing, a video or sound recording etc, this requirement is necessary as the copyright of cannot merely protect an idea, but instead how that idea has been expressed into permanent existence.
Subject to the satisfaction of the above requirements, your copyright protection arises.
The protection will be granted to the author of the work for a limited period of time, during which they have the freedom to make copies, licence, distribute and otherwise exploit their right in said work.
The period of duration of the right can vary depending on the type of work, however for works which are artistic, musical, dramatic and literary, the right will last for the life of the author plus 70 years thereafter.
Infringement
For another party to be taking part in copyright infringement on the right of another, they will have to copy the whole or a substantial part of the work in question without permission or without paying for a license. This can include reproducing, distributing, performing, displaying, or creating derivative works based on the original content.
Copyright infringement can have legal and financial consequences for the infringer, including monetary damages and injunctive relief. In some cases, it may also result in criminal charges. Thus, it is important for individuals and businesses to understand copyright law and seek permission or licensing when necessary, in order to avoid potential infringement. This includes obtaining permission to use copyrighted works in advertisements, films, music, and other forms of media.
If you have any queries regarding the above, or would require our assistance with an alternative matter, please do not hesitate to get in touch with out expert team of solicitors at Lawdit today.
Tel: 023 8023 5979
E-mail: info@lawdit.co.uk
References
Here are some references we used in this article related to copyright infringement. They are all to high authority sites and sources, you can find them below.
- UK (Wikipedia.ORG)
- Copyright, Designs and Patents Act 1988 (Legislation.GOV.UK)
- Copyright Infringement (Lawdit.CO.UK)
Post related to Copyright
Here are some posts related to copyright infringement. Please browse them below.
- Can A Taste Be Copyrighted?
- Ye faced with copyright infringement claim over Instagram photo
- Can a smell be protected by copyright?
- Ep 78. – Trade Marks vs Copyright: Understanding the Differences
- The Importance of Copyright Protection for Small Businesses
- Sheeran second success: NY court awards win in copyright claim
