How to protect your original works with copyright

Alice Reeves | 07.11.2025

Copyright is a legal right that protects original works of authorship. It gives creators control over how their work is used, reproduced, and distributed. Whether you are a business, artist, developer or designer, copyright helps safeguard your creative output from unauthorised use.

Unlike trademarks or patents, copyright protection arises automatically when a qualifying work is created. There is no requirement to register copyright in the UK.

Copyright applies to a wide range of works, including written content, music, software, images, films, and even architectural designs. 

Copyright applies automatically when a work meets the following criteria:

Originality

The work must be original, meaning it is the result of the author’s own intellectual creation. This doesn’t mean it has to be unique or groundbreaking, just that it reflects the creator’s skill, labour, and judgment.

Fixed Form

The work must be recorded in some tangible form. Ideas alone aren’t protected, only the expression of those ideas. For example, a story written down or a song recorded qualifies, but a concept discussed verbally does not.

Qualifying work

The work must fall into one of the categories protected under the Copyright, Designs and Patents Act 1988, such as:

  • Literary works (books, articles, software code);
  • Artistic works (drawings, photographs, logos);
  • Musical works;
  • Dramatic works;
  • Films and broadcasts;
  • Sound recordings; and
  • Typographical arrangements of published editions.

The duration of copyright depends on the type of work:

  • Literary, dramatic, musical, and artistic works: 70 years after the death of the author;
  • Sound recordings: 70 years from the date of first publication, or if not published within 50 years, 70 years from first making available to the public, or if none of the specified persons (director, screenwriter, composer) is known, 70 years from creation or making available, otherwise 50 years if never made public;
  • Films: 70 years after the death of the last surviving principal director, author of the screenplay, or composer of the score;
  • Broadcasts: 50 years from the date of the broadcast; and
  • Typographical arrangements: 25 years from the date of publication.

No. In the UK, copyright protection is automatic. As soon as a qualifying work is created and fixed in a tangible form, it is protected. However, creators may choose to keep dated records or use copyright registration services in other countries (like the US) to help prove ownership in disputes.

Examples of copyright-protected works

  • A company’s website content and blog articles;
  • A logo or product packaging design (if sufficiently artistic);
  • Marketing videos and promotional materials;
  • Software code developed in-house;
  • Photographs taken for commercial use; and 
  • Music composed for advertising campaigns. 

Moral rights

Authors have certain non-economic rights, including:

  • The right to be identified as the author (right of attribution); and
  • The right to object to derogatory treatment of their work.

These rights are personal and may be waived but not transferred or assigned.

Permitted acts and exceptions

Certain uses of copyrighted works are allowed without infringing copyright, such as:

  • Non-Commercial research or private study;
  • Criticism, review or news reporting; 
  • Parody, caricature and pastiche; 
  • Teaching and education; 
  • Text and data mining for non-commercial research; and 
  • For the benefit of disabled persons. 

Exceptions must meet the Berne Convention three-step test: (1) apply only to special cases; (2) not conflict with normal exploitation; and (3) not unreasonably prejudice the rights holder.

International protection

UK copyright is protected internationally through treaties such as:

  • The Berne Convention;
  • Rome Convention; and 
  • WIPO Copyright Treaty. 

These ensure reciprocal protection of works between the UK and other member countries.

Case study: Getty Images v Stability AI [2023] EWHC 3090 (Ch)

In a landmark case, Getty Images brought various copyright infringement claims against Stability AI. The primary infringement claims have since been dropped, however the secondary infringement claims still stand. Getty alleged that Stability AI’s generative model, Stable Diffusion, contains copies of Getty’s images, and that making it available for download in the UK constituted importation of infringing copies, therefore infringing Getty Image’s copyright. 

See the full case here – Getty Images v Stability AI [2023] EWHC 3090 (Ch)

This case is significant because it tests how UK copyright law applies to AI technologies and cross-border data use. It highlights the growing importance of copyright in digital and AI contexts, and the courts’ willingness to adapt traditional IP principles to modern challenges. See the article ‘Getty Images v Stability AI: What now for AI and IP?’ on our website for further details on the case.

If someone uses your copyrighted work without your permission, you may be entitled to:

  • An injunction to stop further use;
  • Damages or an account of profits;
  • Delivery up or destruction of infringing copies; and/or
  • A declaration of your rights.

Legal action can be taken in the Intellectual Property Enterprise Court (IPEC) or the High Court, depending on the complexity and value of the claim.