Copyright Savvy: setting off down the legal labyrinth with flair

Our lives are touched by copyright daily. Whether it is by reading a book, streaming music, watching a television show or film, looking at photos or using software, copyright is ever-present.

Copyright is a term used to describe the rights that a creator has over their artistic work, in its many forms, giving the owner the ability to prevent others from copying them.

In the UK, most copyright protection lasts for the lifetime of the creator, plus a further 70 years after their death. Copyright is an asset which can be sold, used as collateral for loans, licensed, or assigned to someone else.

Copyright protection relates to the expression of an idea rather than the idea itself. For example, the first person to carve a statue of a lion would be unable to stop others from creating statues of lions in general unless those later works copied substantial parts of the original expression.

Unlike some other forms of intellectual property, copyright is a right which arises naturally upon the creation of an artistic work. In a sense, it is reassuring that protection is automatic and avoids the need to formally apply or pay for protection. On the other hand, this can often make keeping track of copyright a challenge.

Although best copyright management practices generally require some legal support, there are several things any person or business can do themselves to set a strong foundation for protection.

• Keep an ongoing record of what you own
  
  Having proof of creation is vital if enforcing copyright ever becomes necessary, but it is also a useful exercise for keeping track of your assets.
  
  A system that allows you to track this is relatively straightforward to create these days, with digital time stamps now available on many documents. A record of created works should include details of the work itself, the date those were created, who created them, and what their relation is to a relevant person or business.
  
  It can also often be useful to ‘deposit’ such records on a semi-regular basis. Sending documents to your attorney or solicitor is a useful way to ensure record continuity and allows for holistic IP advice.
• Understand the position of ownership
  
  It is easy enough to trace ownership of a work when you have created it, but it is important to understand the nuances that arise when working with others.
  
  Employers can rest assured that the ownership of artistic works created by employees rests with them as long the creation of those works falls within the course of that person’s typical duties.
  
  Remember that copyright arises automatically for the creator and not the person/business commissioning the work. When working with third party creators who are not employees, we always recommend ensuring that the copyright in the work is specifically transferred to the new owner. It is important to note that copyright assignment must be executed in writing, so if it is not mentioned in discussions or forms part of the terms of engagement, ownership will likely stay with the creator. Simply paying an invoice is not enough to ensure transfer of ownership.
  
  Unfortunately, we occasionally see examples of hired creators who fail to discuss copyright ownership, or quietly state in their terms of engagement that any created works for clients are licenced out, to later return demanding further payments for continued use. At that stage, particularly if a business or person is enjoying success, the cost of assignment often goes up dramatically; a difficult position to be in.
  
  Although negotiating for copyright ownership may increase the initial cost of creating the work, having control of the asset from the onset significantly reduces risks and gives long-term control.
  
  
• Make regular use of the © symbol
  
  It generally helps to make others aware of existing intellectual property rights. Doing this is often an effective deterrent against copying. We recommend including a footer on each page of a website or at the end of a published document, reading: ‘© [insert individual or company name] [year]’, i.e. © Stratagem IPM 2024.  If the page/article is then updated later, a range of years can be used, i.e. © Stratagem IPM 2021-24. 
  
  
• Be wary of using third party works
  
  Some common misconceptions surrounding the use of third party artistic works are worthy of mention.
  
  ‘Copyright free’ is a term that we often come across – we advise caution here. Considering that copyright protection arises automatically and generally lasts for many years after the creator’s death, it is sensible to be suspicious of and generally avoid using any works that were created less than 170 years ago without consent.
  
  It is also important to note that citing a creator is not a defence to infringement, if consent to use that works has not first been obtained.
  
  A sensible approach is to avoid third party artistic works altogether if permission to use it cannot be obtained by the owner.

Adopting any of the above strategies is a great start to managing and protecting your copyright position. Stratagem is, of course, available to discuss and guide you through copyright-related queries. Please contact us at mail@stratagemipm.co.uk.