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Self Publishing Versus Publishing House
Remedies for Copyright Infringement
Who can Claim Copyright Infringement?
Criminal Liability for Copyright Infringement
Can Ideas be Protected by Copyright?
Copyright for Freelance Writers
Copyright in Literary, Dramatic and Musical Works
Copyright in Sound Recordings and Films
Copyright in Published editions
Computer Generated Works Copyright
Copyright Protection for Software
Copyright Technological Protection Measures
Internet Service Providers Copyright Illegal Material
Defence of Fair Dealing in Copyright Law
Trade Marks Relative Grounds for Refusal
Defences to Trademark Infringement
Defences to Patent Infringement
Information Commissioner Data Protection Act Powers
Protection of Company Information
Data Protection Requirements for Business
Copyright is an intellectual property right and is governed by the Copyright, Designs and Patents Act 1988 and exists to provide the creators of various different kinds of work rights to control the ways in which their material may be used and prevent copyright infringement. The Copyright Licensing Agency deals with the licensing of copyright material in the UK.
Copyright provides the creators of the following kinds of work the right to control the way their work may be used:
Copyright is an automatic right and arises whenever an individual or a company creates a work meaning there is no requirement for the work to be registered. Once produced the work is automatically protected by copyright.
To qualify for copyright protection the work would need to be regarded as original and to exhibit a certain degree of labour skill or judgement.
A common misconception when dealing with copyright is the notion of protecting the idea behind a work. It is only the work which will be protected by the laws of copyright not the idea. For example if you wrote a book or a play the actual content which you had written would be protecting but not the idea or theme behind the book. This would mean that another person would be entitled to write another book or play concerning the same theme of the book and would only amount to copyright infringement if they copied or adapted substantial sections of your work.
Often such things as names, titles and short phrases – i.e. catch phrases are not afforded protection under the laws of copyright with the possibility to register them as a trade mark a better option.
Most of the time the author or the person who has produced the work will be exclusive owner of all copyright in that work. There are, however, certain exceptions to this rule:
If the author is unknown the extent of the copyright protection will last for 70 years from the end of the calendar year in the which the work was created. Following creation if the work was subsequently made available to the public which could mean if it was published, authorised, performed, broadcast, exhibit etc then the extent of the copyright protection will last until 70 years for 70 years from the end of the calendar year in which it was first made available.
Again, If the author is unknown the extent of the copyright protection will last for 70 years from the end of the calendar year in the which the work was created. Following creation if the work was subsequently made available to the public then the extent of the copyright protection will last until 70 years for 70 years from the end of the calendar year in which it was first made available.
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