What is copyright?

Copyright is a fundamental aspect of intellectual property law that protects original creative works.

From literature and music to software and architectural designs, copyright offers legal ownership to creators, allowing them to control how their work is used and distributed. Understanding copyright is essential for individuals and businesses that create, use or rely on original content in their daily operations.

At Moore Barlow, we advise clients across various industries on how best to protect and manage their copyright and ensure they are not unknowingly infringing the rights of others. This guide will provide an overview of what copyright is, how it works, and why it matters.

What does copyright protect?

Copyright automatically protects original works as soon as they are created and fixed in a tangible form. This includes:

• Literary works – such as books, articles, blogs, and software code
• Musical works – including compositions and lyrics
• Artistic works – such as photographs, paintings, sculptures, and drawings
• Dramatic works – like theatre scripts and choreography
• Films and audiovisual content
• Sound recordings
• Broadcasts
• Typographical arrangements – the layout and design of publications

Copyright does not protect ideas, methods or factual information. It only protects the expression of ideas when they are recorded in a tangible form. For example, a concept for a novel isn’t protected under copyright, but the completed manuscript is.

Who owns copyright?

In most cases, the person who creates the work owns the copyright. However, there are some exceptions:

• If an employee creates work as part of their job, the employer will typically own the copyright unless otherwise agreed.
• Freelancers and contractors usually retain copyright unless a contract states otherwise.
• Joint authorship can result in co-ownership if two or more people collaborate on a work and contribute to its creation.

It is important for businesses to have clear agreements in place with employees, freelancers, and partners to ensure they can use the copyright-protected material as needed, especially when developing creative or digital content.

How long does copyright last?

Copyright does not last indefinitely. Its duration depends on the type of work and when it was created. In the UK, the typical terms of copyright are:

• Literary, dramatic, musical, and artistic works – 70 years after the death of the author
• Films – 70 years after the death of the last of the director, screenplay author or composer
• Sound recordings – 70 years from the date of publication
• Broadcasts – 50 years from the date of broadcast
• Typographical arrangements – 25 years from the year of first publication

Once copyright expires, the work enters the public domain and may be used freely by anyone, subject to other potential rights such as publicity or moral rights.

What rights does copyright give?

Copyright gives the owner several exclusive rights over the use of their work. These include the right to:

• Copy the work.
• Distribute copies to the public.
• Rent or lend the work.
• Make adaptations of the work.
• Perform, show or play the work in public.
• Communicate the work to the public via electronic means (e.g. internet or broadcast)

These rights allow the copyright holder to control how their work is used and to monetise it through licensing and sales. They also offer legal protection against unauthorised use or infringement.

How is copyright enforced?

If someone uses copyrighted material without permission, the copyright holder has the right to take legal action. This can include:

• Requesting the infringer cease the use of the work (a cease and desist letter).
• Seeking damages or financial compensation.
• Obtaining an injunction to stop the unauthorised use.
• Requesting the removal of infringing materials from websites and platforms.

Copyright infringement cases can be complex and may require evidence that the work was copied or used without consent. Moore Barlow can assist with identifying infringement and taking appropriate action to protect your rights.