Copyright Law: Protecting your Intellectual Property

The copyright law of the United Kingdom is the body of laws, rules and regulations that governs the rights that people have to creative and original works. Copyright mainly concerns what is considered to be ‘Intellectual Property’.

The creators of original, artistic works are protected by copyright law, which includes the right to copy, adapt and dispense their own work. Copyright law in the UK does not focus on the protection of ideas themselves, only their expression. Creators and owners have sole statutory rights over their work for a period of time. After this the work is said to have passed into the ‘public domain.’

The UK was the birthplace of what is considered to be the modern interpretation of copyright law with the Statute of Anne in 1709. This act was the first in the UK to set up a system of author’s rights and the justification for copyright.

Much of the UK’s copyright law is outlined in the Copyright, Designs and Patents Act 1988. The act is subject to interpretation in case law and has been amended a number of times, especially to allow for the implementation of European Union directives.

Under common law in the UK, any piece of creative or original work is subject to copyright protection. So what does copyrighting mean for your own work?

  • It protects your right as owner of your own, original work and intellectual property
  • Allows you the ability to take legal action should your right as owner be impeded
  • Ensures you receive any royalties, accreditations and acknowledgements should your work be distributed, adapted or used for entertainment purposes

However, in order to ensure people don’t use your work without properly crediting you or even steal or plagiarise your intellectual property there are some general provisions you can make.  What’s more, in a globalised, web-based world it is important to note that some countries’ laws on copyright differ from those in the UK.

The act and its amendments establish that for most artistic works the copyright will last for 70 years after the death of the creator, if this person is known. If the creator of the work is not known, the copyright will last 70 years after the creation or original publication of the work.

The laws surrounding intellectual property have been a major talking point in UK politics with sweeping reforms expected to be implemented in the next two years. This was mainly due to the recent Hargreaves Report entitled ‘Digital Opportunity: A review of intellectual property and growth’. The reccomendations to loosen certain rules on copying but tighten laws on copyright infringement and file sharing are expected to inject £7.9 billion into the UK economy.

UK copyright law is a complex and constantly changing set of rules and regulations, and it can be easy to get caught out. For example, most people in the UK believe that copying a CD for personal use is permitted, but this is actually an infringement of UK copyright law. If you are unsure about any of this or you feel you need some guidance in a copyright related legal matter, our Find a Solicitor Service can help.

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