Copyright Solicitors

Copyright arises automatically; it is essentially the right to reproduce (i.e. copy), sell, licence and otherwise exploit ‘creative work’ for a period of time that varies according to the type of creative work produced.

You automatically get copyright protection when you create:

• original literary, dramatic, musical and artistic work (drawing, illustration and photography)
• original non-literary written work, such as software, web content etc.
• sound and musical recordings
• film and television recordings as well as broadcasts

There are different rules for the different categories of copyrights. For author or creators of original literary, dramatic, musical and artistic work, the copyright would lasts for the life of the author plus 70 years. If there are joint authors, then the lifetime applies until both authors pass away.

For any broadcasts (TV, radio or online) and computer generated works, copyright lasts for 50 years from the time the work was created.

Sound recordings last for 50 years from creation, and 70 years from publishing or being made available to the public.

For films, the copyright lasts for 70 years from the death of the director and/or other principals.

There are two types of copyright infringement:

• Primary infringement – this occurs when a person conducts any restricted acts without the permission of the copyright holder. This could be distributing another person’s copyrighted work without permission as an example.
• Secondary infringement – this occurs ‘further down the supply chain’ where infringing copyrighted works are dealt with or their production facilitated.

The Copyright, Designs and Patents Act 1988 (CDPA 1988) provides the copyright owner exclusive rights in the UK to conduct the following restricted acts:

• copy the work
• issue (distribute) copies of the work to the public
• rent or lend the work
• perform, show or play the work in public
• communicate the work, and
• adapt it, or do any of the above restricted acts in relation to an adaptation

Any individual who isn’t the copyright owner and conducts any of the acts above, either directly or through another person, would be infringing a copyright.

If you are being pursued for trade mark infringement, you should follow the process below.

• Request details about the infringement claim being made against you.
• Verify the claim either through a solicitor or yourself if you have the expert knowledge.
• Find a resolution for the claimed infringement if you are at fault. If not, draft your response to the other party.