Legislation
The
law of copyright in the UK is primarily to be found in the Copyright
Designs and Patents Act 1988, with amendments resulting from European
Community Directives.
The
Act provides copyright protection for the authors of original literary,
dramatic, musical, artistic works and sound recordings, including
novels, poems, lyrics, songs, paintings, drawings, computer images,
software, advertisements, logos, and even the rules of a game.
In
general, to qualify for UK copyright protection, you must be the original
author of the work and either be domiciled in the UK, or be a resident
of another country which subscribes to the Berne Convention.
The
Berne Convention for the Protection of Literary and Artistic Works
provides copyright protection for the works of UK nationals or residents
by the national law in each member state of the convention.
Copyright
law gives the original creator of the work a right to control the
copying, publishing, performing, broadcasting, on-line use and adaptation
of all or a significant part of the work, and a right to be acknowledged
and identified as the creator of the work, when reproduced.
The
duration of copyright varies with regard to the nature of the work.
Copyright in literary, dramatic, musical or artistic works, generally
last up to 70 years after the death of the author. Copyright in film,
again generally lasts up to 70 years after the death of the last surviving
principal director, author, or soundtrack composer. For sound recordings
and broadcasts, the duration of copyright is generally 50 years after
release of the recording. For typographical works, such as published
editions, magazines, periodicals and newspapers, copyright generally
lasts for 25 years from the date of first publication.
Copyright
Infringement
Copyright
is deemed to have been infringed or breached when a party copies,
publishes, performs, broadcasts, uses on-line, or adapts, all or a
significant part of the work, without the permission of the creator
of the work.
Difficulties
arise where each party claims to have produced the work before the
other and thereby be the originator of the work. Attempting to resolve
such disputes may involve legal proceedings. It is ultimately a matter
for the courts to decide. Without independent evidence a court will
have to rely upon the rather more subjective evidence of the parties.
This
is where copyright registration is important. The registration of
copyright provides independent witness as to the existence of the
work, at a clear point in time. A Certificate of Registration is usually
sufficient evidence. However, in the event that further evidence is
required, copyright registration should, once again be able to provide
this, in the form of a sworn affidavit.
At
Copyrightvault.com, we would recommend withdrawing a copy of your
registered work from the vault and arranging for a Director of Copyrightvault
Ltd to swear an affidavit in front of a solicitor, at the time of
withdrawal, confirming the date of registration, and the date of withdrawal
of the work, and exhibiting the Certificate of Registration.
If
you require a Director of Copyrightvault Ltd to swear an affidavit
upon withdrawal of your registered work, please call or write to us
or complete the e-mail Enquiry
Form. There is a charge for providing an affidavit. See Additional
Services.
If
it appears that there is no compromise with the other party, and it
is likely that legal proceedings will be required, Copyrightvault.com
has a panel of solicitors who can provide advice on all aspects of
litigation and intellectual property law.
If
you require us to put you in touch with one of our panel of solicitors,
please call or write to us or complete the e-mail Enquiry
Form, specifying the area in which you live. This service is provided
free of charge.
Alternatively,
you can select one of our panel of Solicitors
and contact them directly.
The
information set out above is not legal advice but merely a brief overview
of the law of copyright. We do not accept any legal responsibility
or liability for those who rely on this information. For independent
legal advice, you should contact a solicitor.
Other
Useful Contacts
The
Patent Office
Concept House
Cardiff Road
Newport
NP10 8QQ
Tel: 08459 500505
Fax: 01633 813600
E-mail: enquiries@patent.gov.uk
www.patent.gov.uk/copy
The
Copyright Licensing Agency
90 Tottenham Court Road
London
W1T 4LP
Tel: 020 7631 5555
Fax: 020 7631 5500
E-mail: cla@cla.co.uk
www.cla.co.uk
The
Federation Against Copyright Theft
7 Victory Business Centre
Worton Road
Isleworth
Middlesex
TW7 6DB
Tel: 020 8568 6646
Fax: 020 8560 6364
E-mail: contact@fact-uk.org.uk
www.fact-uk.org.uk
The
Mechanical Copyright Protection Society and The Performing Rights
Society
29 - 33 Berners Street
London
W1T 3AB
Tel: 020 7580 5544
Fax: 020 7306 4350
E-mail: query@mcps-prs-alliance.co.uk
www.mcps-prs-alliance.co.uk
