In the United Kingdom, copyright provides protection for the following works:
a. original literary works, dramatic works, musical works and artistic works;
b. sound recordings, films (including recorded on video cassettes and DVDs), broadcasts and cable programmes; and
c. the typographical arrangement of published editions.
Computer programs are given copyright protection as being literary works. Artistic works qualifying for copyright protection include graphic works, photographs, sculptures and collages (all irrespective of the artistic quality of the work); architectural works, including both buildings and models for buildings; and works of artistic craftsmanship.
It is important to realise that copyright does not protect ideas themselves, but protects the particular expression of that idea embodied in a work. For example, there would be no protection for the idea of arranging names and numbers in a phone book, but the particular layout would attract copyright.
The copyright system provides free and automatic rights. There is no requirement to register copyright works. Copyright subsists in a work as soon as that work is created. In the case of literary, dramatic and musical works, copyright does not subsist until the work is recorded in some material form, such as in writing or as a sound or visual recording.
Copyright gives the copyright owner the right to control the copying or adaptation of the work, or the issuing, renting or lending of copies or adaptations of the work to the public. This right extends both to the whole or any substantial part of the copyright work and applies regardless of whether copying is direct or indirect. However, copyright is only infringed if there is actual copying of the copyright work. Any work which has been created independently, without directly or indirectly copying an earlier work, will not infringe the copyright in that earlier work.
Generally speaking, copyright subsists for a period of 70 years from the end of the year in which the author or creator of the work dies. Sound recordings, broadcasts, cable programmes and published editions have shorter durations and the commercial exploitation of artistic works may result in the copyright being unenforceable after 25 years.
Through the Berne and Universal Copyright Conventions, a creator of a work protected under UK copyright law is entitled to the same level of protection in another Convention country as would be given to a citizen of that country. Copyright law is a very wide-ranging and often complex field. For more advice on copyright protection, please contact us.