FAQ's on copy right

How does copyright arise?

Copyright arises with the creation of an original artistic or literary work and will also protect broadcasts and recordings of performances, for example. In most countries, as in the UK, there are no formal requirements or system of registration. Copyright arises automatically whenever an original piece of work is created.

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Who is considered the owner of the copyright?

The owner of the copyright in a work is normally its creator. An exception to the rule is if the work is created in the course of employment. In that case, the owner is the employer. If you commission someone to create a copyright work for you, the owner is the person commissioned, unless an agreement is made in writing that you will be the owner of the copyright of any work created as part of the commission.

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What does original character mean?

The general rule in determining whether a work has its own original character is that it must be impossible for two authors to have created the same piece of work. If this is the case, the work generally considered to have its own original character.

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How long does a work enjoy copyright protection?

The length of copyright protection generally depends on the category or type of work.

For written, theatrical, musical, artistic and film works, the term is 70 years from the end of the year of the death of the creator of the work.

The copyright in a sound recording lasts for 50 years from the end of the year in which it was made or, if published, 50 years from the end of the year of publication. If the recording is not published during that 50 year period, but it is played in public or communicated to the public during that period, then copyright will last for 50 years from when it is played or communicated. Similarly, the copyright in a broadcast is 50 years from the end of the year of making the broadcast.

The copyright in the typographical arrangement of a published edition expires 25 years from the end of the year in which the edition was first published.

The terms of protection referred to above apply to the UK, but may differ in other countries or in the UK if the work was not created in the UK.

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Who are considered performing artists?

Performing artists are actors, singers, musicians, dancers and other people who perform, sing or recite works of literature or art. In the UK, performers are entitled to rights in their performances and also have rights in any recordings, broadcasts or films of their performances. As a result, a performer has the right to control the broadcasting of his or her live performance to the public and the permission of the performer should be sought before a recording of the live performance is made. The performer's permission should also be sought to make copies of that recording. A performer may also be entitled to monetary remuneration for any broadcast or other publication or communication of their performance.

Again, the exact rights will vary from country to country.

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Can someone else's work be copied or quoted?

In the UK, anyone may make a copy of part of someone else's protected work for their own use or study, provided it is less than a substantial part. There are exceptions that allow limited use of copyright works without the permission of the copyright owner, provided sufficient acknowledgment of the copyright owner. Examples include:

Non-commercial research or private study
Criticism, review or reporting of current events (except photographs)
Teaching in an educational establishment

Again, the specific rules may vary in other countries.

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Who owns the copyright to a work created by a team

If a clear distinction can be made between the individual contributions of each team member, each member of the team holds the copyright to his or her own part. If the individual contributions are unclear, the team members will have joint copyright to the whole work.

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Is copyright protected internationally?

The rules concerning international copyright are established in two treaties, the Berne Convention and the Universal Copyright Convention, to which many countries are signatories. In every country the copyright owner enjoys the same protection as is given to the citizens of that country. This implies that the creator of a work has differing national copyrights in different countries.

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