If you're a small business owner, budding entrepreneur or even an established corporation, you'll create your own content, products or designs that are unique to you, or your company. But, how are you supposed to safeguard your creations from being stolen or copied by others without your permission? That's where copyright comes into action.
In this blog, we'll be discussing the intricacies of copyright and answering some important questions like "What is copyright?", "Why is copyright important?" and "How do I protect my copyright?"
What is copyright?
Copyright is a legal framework developed by the UK Government, and is adopted by many other countries. It protects the original works of ownership, and covers a wide array of creative output, from literacy works and musical compositions to computer programs or assets. In the United Kingdom, copyright is governed by a piece of legislation called the Copyright, Designs and Patents Act 1988 - sometimes called CDPA 1988 - which sets out the rules and regulations for protection.
Why is copyright important?
Copyright is of the utmost importance, especially for small businesses or individual entrepreneurs. It provides the makers of creative works the exclusive rights to use, reproduce or redistribute their work. This protection serves a powerful incentive for innovation and creativity, as makers can reap the rewards of their efforts without the looming fear of unauthorised use by third parties. Copyright ensures that your intellectual property remains yours, and allows you to monetise and control its usage.
What does copyright protect?
Copyright is one of the most versatile forms of intellectual property protection, covering everything from ship hulls to podcasts. The most utilised categories for copyright are:
- Literary works - such as novels or poems to instruction manuals or computer code
- Musical works - songs, compositions or musical recordings
- Artistic works - paintings, sculptures, photographs, etc
- Computer programs - code and software
- Original designs - architectural designs or logos/branding
- Broadcasting and film - traditional films, podcasts or radio shows
Are ideas protected by copyright?
Copyright is supposed to protect the expression of ideas, and not the ideas themselves. For example, if you have a disruptive concept for a product, service or story, the CDPA Act won't protect the idea itself, however, it will protect the specific way that you express that ideas.
How is copyright protection obtained in the UK?
In the UK, copyright protection is an automatic right whenever you create an original work and it is fixed in a tangible medium. This means that there is no requirement for registration or filing - however, keeping records of your creations (such as certificates or original designs) can be beneficial, including the ability to seek damages and solicitors fees in case your copyright is infringed upon, and its taken to court.
How long does copyright protection last?
The duration of copyright can vary depending on the type of work(s) that are produced and when its created. Generally, the rule of thumb is that copyright lasts for the lifetime of the author plus 70 years.
For copyright that's created by a team or a corporation, protection extends to 70 years from the date of the publication of the works.
For broadcasts, the copyright protection lasts 50 years from the date of the first broadcast.
Copyright protection has a significantly longer lifespan compared to patents, for example, which have a total lifespan of 20 years of protection.
How do I protect my copyright?
There are multiple ways to protect your copyright that are legally tangible.
- Poor Man's Copyright - a much less effective way to protect your copyright. Achieved by sending the artistic work to yourself through the postal service, and the postal stamp serves as proof you own the work.
- Footprints or watermarking - footprinting or watermarking your work is a good way to protect it from being stolen
- Registering your copyright - registering your copyright independently and getting a signed certificate is a good way to protect your copyright. You get access to this service, both digital and physical, through Otters' Full Protection Plan
Defending your copyright
If someone takes your work and starts distributing it without your permission, you may have a case. Otters UK is able to assist you through our managed takedowns service, and our wealth of other services to help you protect and defend your copyright.
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