What can be protected by copyright?
Copyright is a form of intellectual property right (IPR) which relates to tangible creative works such as musical compositions, literary or artistic works (including novels, computer software, paintings and photographs), databases and maps or technical drawings. Some of the main examples of material that can be protected by copyright include:
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literary, dramatic, musical or artistic works
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sound recordings
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films
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typographical arrangements of published editions
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broadcasts (including those on cable and satellite)
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databases
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computer programs, apps and websites
Copyright rights arise automatically in the UK; there is no requirement to register to protect your copyright. However, to establish your copyright in case of a future legal dispute, your creation can be marked with the international copyright symbol © followed by the name of the copyright owner and year of publication.
It should be noted that copyright do not cover ideas (which can be protected under a patent), names, slogans or phrases (which are protected under trade mark law).
For further information, read Copyright.
What counts as copyright infringement?
Under the law, infringement of copyright includes the following actions by a third party (ie an individual or business who does not own the copyright and has not been given permission to use it):
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copying the copyrighted work
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renting, lending or issuing copies of the work to the public
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performing a work (eg for a theatrical performance) or showing it (eg for an artistic work) in public
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making an adaptation of the work
What are the exceptions to copyright infringement claims?
The main exceptions to copyright infringement are as follows:
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fair dealing - ie use of the work in a fair way. For example, if the use is for criticism, non-commercial research or private study, caricature or parody
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educational - eg if a protected work is used for non-commercial instruction and examination
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disability - eg if the work is copied to make copies accessible to visually impaired persons
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libraries, archives and public administration - eg non-profit making libraries can make copies for inclusion in archives, and there is an exception for public administrative functions where the courts needs to make copies of material for a legal case
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incidental inclusion - eg if the work is included incidentally in an artistic work
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minor infringement - copyright is only infringed if a whole or a 'substantial part' of the relevant work has been copied
How can copyright infringement be avoided?
Unless the use of copyright work falls underneath one of the exceptions (above), businesses seeking to make use of any copyrighted material do one of the following:
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obtain permission to use the material from a collective management organisation (CMO). For example:
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PPL or PRS for music
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the Copyright Licensing Agency (CLA) for printed material
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gain permission (ie a licence) to use the material from the copyright owner or their agent which may require payment of licencing fees
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obtain ownership of the copyright using an Assignment of intellectual property document if, for example, a copyrighted work has been produced as part of a contractual agreement
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check any copyright licencing terms for materials sourced from websites. Permission will sometimes be given to reproduce content, as with the Open Government Licence)
For specific information on how copyrights and other intellectual property rights are protected, see the Government’s guidance.
If you are unsure about how to avoid infringing someone else’s copyright, Ask a lawyer for advice on your situation.
