A A A
Home Articles Copyright protection and management for your work
Copyright protection and management for your work PDF Print E-mail
User Rating: / 1
PoorBest 

As we have already highlighted in our page about copyright, under English law, the author of a copyright protected work does not need to observe any specific formalities in order for his work to receive copyright protection. The work will be automatically protected if the work satisfies the requirements as to originality and qualifying person or first publication. The copyright protection is gained  as soon as the work is recorded on paper or in electronic form. This is unlike other intellectual property rights, such as patents that require registration.

This is in contrast to the US, as well, where, while registration is not required for rights to attach, a copyright owner must have registered the work before bringing any copyright infringement action in a federal court.

However, there are a number of practical steps which should be taken by authors of copyright (including employers) to identify and safeguard copyright works:

 

First of all, they have to identify all materials that are likely to have copyright protection, such as: software; drawings; design specifications; reports; brochures; sales literature; and packing designs; marketing material.
  • They must also ensure that the company is the owner of the work by identifying the authors of the relevant work and ensuring that ownership and licensing arrangements are in force. If any of the materials have been commissioned from third parties, ensure that appropriate copyright assignments and waivers of moral rights were included in the written agreements commissioning the materials. If the necessary assignments and waivers were not included in those agreements, arrange for separate copyright assignments and waivers to be obtained from the third parties.
  • Authors should sign and date their works and, where relevant to the term of copyright, the date of first marketing of articles should be recorded. These records can then be used as the basis for any infringement action. Actions can fail if the claimant cannot prove subsistence of copyright or ownership. Records may also be invaluable in defending any claim for copyright infringement. Evidence that a work was created prior to the work alleged to be infringed is a powerful defence.
  • Apply a notice in accordance with the Universal Copyright Convention, that is, "Copyright © [name of copyright owner] [year of publication]". Although this is not necessary as a matter of law to gain protection, it is a useful notice and warning to anyone using the work that copyright exists and that action may be taken if the work is copied.
  • Depending on the type of work involved, additional text can be included with the copyright notice. This might include: text prohibiting the reproduction of any material whether by photocopying or storing in any medium by electronic means or otherwise (this does not affect the legal position but serves as a reminder and might also be useful in preventing any user from arguing that there was an implied licence in its favour permitting copying or storage); warnings stipulating that the doing of any unauthorised act in relation to the work will result in both civil and criminal liability; warnings that any copying will result in criminal or civil action; a form of disclaimer to provide protection for the author and the publisher if use is made of opinions or views expressed in written materials.

The owner of a UK copyright work may also want to consider registering that work in the US as part of his general intellectual property management policy. Registration is not required for a foreign copyright work to be protected in the US. However, the question of registration affects whether statutory damages may be claimed in US copyright infringement proceedings in respect of a UK work, and also gives a copyright owner evidentiary benefits, and the possibility of attorneys’ fees in such proceedings.

Increasingly, it is upon the rights-holder to enforce his rights and, unless he does so, he may lose the rights, at least against a persistent infringer (this is clearly evident in the field of trademarks, where rights can be lost if not asserted. It is therefore important to put the infringer on notice and to keep a record of doing so.

Speed of notice and action may be important if immediate injunctions are required. A delay of, say, a month may be fatal to such an application. This is because in order to succeed the claimant will have to argue irreparable damage caused by the infringement and any delay in bringing proceedings may count against that argument.

All articles are for general purposes and guidance only and do not constitute legal or professional advice.

Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author’s name and bio.

 

Add comment


Security code
Refresh

Newsletter

Newsletter

Subscribe to our FREE newsletter.

Required *

  Refresh Captcha  
 


We are proud to be associated with the Business & IP Centre

Thames Valley

Listed on www.businessmagnet.co.uk

Latest comments

  • This is a brilliant Article since most articles de... More...
    30.12.11 08:27
  • After reading this article I must say that anyone ... More...
    21.07.11 13:57
  • great More...
    12.11.10 10:10
© Anassutzi & Co Limited. 19 Thresher Drive, Abbeyfields, Swindon, SN25 4AE. Tel: +44 (0) 7788 726446 - Terms & Conditions - Privacy Policy