Copyright law in the UK

Copyright law in the UK plays a crucial role in protecting the rights of creators and innovators.

Whether you’re an artist, software developer, business owner or content producer, understanding how copyright works allows you to safeguard your intellectual property and avoid unintentional infringement. At Moore Barlow, our commercial and technology lawyers offer expert guidance on all aspects of copyright law, helping businesses and individuals navigate the complexities of IP rights with confidence.

What is copyright?

Copyright is a type of intellectual property that gives the creator of original work the exclusive right to use, reproduce, distribute, and licence their work. Unlike patents or trademarks, copyright protection is automatic in the UK, meaning there’s no need for formal registration. As soon as an original work is created and expressed in a tangible form, it is protected under UK copyright law.

Copyright applies to a broad range of creative works, including literary works (such as books, articles, and software code), artistic works (such as photographs and illustrations), musical compositions, film and sound recordings, broadcasts, and even some digital content such as websites and computer programs.

What does copyright protect?

In the UK, copyright law protects the following types of work:

• Literary works – including novels, poems, articles, and computer software
• Dramatic works – such as plays and scripts
• Musical works – including sheet music and compositions
• Artistic works – such as paintings, drawings, architecture, and photographs
• Films – including motion pictures and cinematographic films
• Sound recordings – including digital and physical audio formats
• Broadcasts – both radio and television transmissions
• Typographical arrangements – the layout and design of published editions

It’s important to note that copyright does not protect ideas, concepts, or techniques themselves, only the expression of those ideas in a tangible format.

How long does copyright last?

The duration of copyright protection varies depending on the type of work. Generally, for literary, dramatic, musical, and artistic works, copyright lasts for 70 years after the death of the creator. For films, it lasts for 70 years after the death of the last of the principal director, screenplay author, dialogue author, or composer.

Sound recordings and broadcasts are protected for 70 years from the date they are first published or communicated to the public. Typographical arrangements of published editions have a shorter duration of protection, 25 years from the year of first publication.

Infringement of copyright

Copyright infringement occurs when a person uses a copyrighted work without permission or legal right. This includes actions such as reproducing, publishing, or distributing the work without the owner’s consent. Infringement can have serious legal consequences, including injunctions, financial compensation, and damages.

It’s worth noting that infringement can take place even unintentionally, such as by using an image found online without verifying the licensing terms. Businesses should therefore take care to ensure they have the correct rights to use copyrighted content in marketing materials, websites, branding, or software.

Exceptions and permitted uses

UK copyright law does allow for certain limited uses of copyrighted material under specific exceptions, known as “fair dealing”. These include:

• Non-commercial research and private study
• Criticism and review
• News reporting
• Parody, caricature, and pastiche
• Quotation with proper acknowledgment

However, these exceptions are narrowly defined and often subject to interpretation. They do not give free rein to use copyrighted material without consequence. If in doubt, it is best to seek legal advice before relying on a fair dealing defence.