(5-minute read)

In our last article, we covered two of the three pillars of Intellectual Property protection: Patents and Trademarks. In this article, we will focus on the third pillar: the mysterious and ubiquitous concept of Copyright. In this digital age, where ideas and information are so readily available and easily reproduced, it is essential to ensure that your intellectual property is protected.

Below, we discuss what copyrights are, what they protect, when they are most and least useful, and when to apply to register your copyright.

What is Copyright?

In the simplest of terms, Copyright means the “right to copy.” It involves the original creation of an idea or concept as long as it is crystallised in tangible form, such as:

• Books.
• Artworks.
• Computer software.
• Original architectural designs etc. OR
• Something that comes from deep within a human’s “essence”.

Also known as Original Works of Authorship (“OWA”).

The whole idea behind Copyright is that only the Original Creator of a crystallised concept or idea can authorise another person to reproduce or duplicate their work. This protection is granted by law to the creators of these works, giving them exclusive rights to use and distribute their creations for a certain period.

What does Copyright law protect?

Copyright law provides original creators with the exclusive right to:

1. Reproduce their work: Make copies of the original creation.
2. Create derivative works: Adapt, transform, or build upon the original work.
3. Distribute copies: Sell, lease, or transfer ownership of the work.
4. Perform the work publicly: For example, staging a play or playing a song.
5. Display the work publicly: Such as displaying a painting or showing a film.

These rights ensure that original creators can control how their works are used and enables them to receive financial compensation for the use of their works.

When Are Copyrights Most Useful?

Copyrights are particularly useful in several scenarios:

• Creative Industries: Writers, musicians, filmmakers, and artists benefit significantly as copyrights protect their creative output from unauthorised use.
• Software Development: Protecting the code from being copied or altered without permission.
• Publishing: Ensuring authors receive royalties for their books, articles, and other written works.
• Education and Research: Protecting original research papers, Theses, and academic publications.

When Should Copyrights Not Be Used?

While copyrights are valuable, there are instances where they might not be the best form of protection:

• Ideas and Facts: Copyrights do not protect ideas, procedures, or factual information, only the specific “crystallisation” of these ideas in tangible form.
• Functional Works: For inventions and functional designs, patents and trademarks might offer better protection.
• Short Phrases and Titles: These are typically not covered under Copyright law and may require trademark protection instead.

When to Apply for Copyrights in the Development Process

In the United Kingdom, Original Creators automatically receive copyright protection the moment their work is fixed in a tangible form, such as writing it down or recording it. Whilst there isn’t a Register of copyright works in the UK, there is a Copyright Office in the United States of America where you can register your Copyright. Additionally, you can exercise your copyright rights internationally; your work could be protected by copyright in other countries through international agreements, for example the Berne Convention.

If you ever have concerns about the enforceability of your Copyright, you must take legal advice as the enforcement process is not straightforward.

However, strategically, most creatives would be advised to formally register their copyright with the US Copyright Office because this provides additional benefits, including:

• Public Record: Official documentation of your Copyright anywhere in the Western Hemisphere allows you to assert your right against the whole world.
• Legal Advantages: Evidentially, it is easier to prove ownership in court and claim damages for any breaches of your Copyright.
• Market Perception: Registration at a globally recognised institution, such as the US Copyright Office, increases the perceived value of your work.

If you are going to register your copyright, it is wise to do so early in the “development” process, especially if you plan to globally distribute and monetise your work. This proactive step ensures that your rights are protected from the outset, providing a solid foundation for any future legal challenges or commercial endeavours.

Conclusion

Copyrights are a powerful tool for protecting Creative works and ensuring that original creators can benefit from their OWAs. By understanding what Copyright laws protect, when they are most useful, and the appropriate time to register, original creators can better navigate the complexities of Intellectual Property law and safeguard their beloved creations.

Coming up next…

Intellectual Property protection is only helpful if you know how to exploit it! The next article in this series will delve into “how to” monetise your Patents, Trademarks and Copyrights. Monetising intellectual property requires a strategic approach tailored to the specific type of intellectual property and the market it will be serving. By understanding and leveraging the unique opportunities associated with Patents, Trademarks, and Copyrights, original creators of intellectual property can maximise their income potential and achieve sustained financial success.

The Intellectual Property team at Hillary Cooper Law greatly admire the ingenuity of our clients in the creative industry, and we are devoted to helping you protect your Labours of Love!

Warm regards,

Joy Akah-Douglas | Principal & Solicitor – Advocate

Emma von Dadelszen | Trainee Solicitor

(Co-authors)