Copyright

Copyright is an intellectual property right

Pprotection is given for two main reasons:

To encourage those who originate creative works to continue to do so by enabling them to earn a revenue from their effort
To offer the copyright holder control over how the copyrighted work can be used

In the UK, copyright arises automatically as soon as someone ("the Author") records the work in writing or otherwise and, in the UK, no formalities such as registration are required.

Under the Copyright Design and Patents Act 1988 ("CDPA"88"), the following are protected:

Literary works
Musical works
Dramatic works
Artistic works (which includes images)
Sound recordings
Films
TV broadcasts

Literary works include all written works (handwritten, printed, published); everything in machine-readable form (including digitised images); everything on the Internet; and software. There does not have to be literary merit, but single words or a single sentence do not have copyright (for advertising - words, logos and sentences are "trademarked").

Artistic works include graphic works, paintings, photographs, slides, sculptures, your signature, OHPs, and PowerPoint materials.

An item can change classification and its protection. A photograph is classified as an artistic work, but when this has been digitised (and thus becomes machine readable code), the image is then classified as a literary work. If this digital image is then printed out, it then becomes an artistic work again.

Originality

The work must be original to be protected. Having said that, minor changes are enough to turn what would otherwise be a copy into an original work. Indeed, it is possible that I could copy something, but make a few changes and create something which both breaches the copyright in the original but is an original in its own right!!

Ownership

Under UK law, the Author is normally the first owner of the copyright. Unless there is an agreement to the contrary, if the Author was:

Employed, his employer is the Copyright Owner
Commissioned to produce the work, he is the Copyright Owner

Protection

The author must be a qualified person - a British subject or someone who normally lives or is domiciled here, or the material must first be published in this country.

Evidence of ownership

Having created the work, you may wish to warn others not to copy it. Make sure that when it is published, you let everyone know that you regard it as your work.

Add a Copyright Notice e.g. "©Michael Breeze 2005." Some jurisdictions require you to add the notice "All Rights Reserved" - so do that too.
Put a copy in an envelope, seal it with wax or some other seal, and post it to yourself or solicitor. If ever you need to prove the date on which you recorded the work, you can arrange for an opening of the date-stamped envelope in front of witnesses.

Dealings

The Copyright Owner can transfer or assign ownership, but must do so in writing. Copyright is an asset which can be bequeathed in a Will and licensed for use - precise written terms are advisable.

Duration

Generally, protection lasts for the life of the author plus 70 years (although the situation with photographs made before 31/07/1989 is more complex.

Moral rights

An Author has (unless employed) moral rights - to be identified as Author (he must ask for this) and to object to treatment of the work (e.g. cropping, colour manipulation, adding features to a photograph are very easy processes in software packages) or which devalues it or him in some way.

Infringement

A person infringes a copyrighted work by copying it or reproducing it in any material form, including the storing of it in any medium by electronic means either permanent storage in hard drives or temporary storage in RAM or caches

Where copyrighted material is published by the Copyright Owner in such form as to be read over a computer, he grants an implied licence for such copying, although no more.
Printing off a copy of the work is an infringement. The Copyright Owner should state exactly what he permits and what he does not permit.

A substantial (in terms of quality, not quantity) part of the work must be copied for there to have been an infringement which can be either direct or authorized e.g. an employer telling an employee to copy, or an organisation being cavalier with such matters. The responsibility lies with the most senior person. Infringement can be both a civil and criminal offence. The Copyright owner can seek damages or an injunction. Piracy of videos and CDs is also criminal offence.

Fair Dealing

There is no infringement, where the copying is for

Research or private study - not necessarily linked to a course.
Criticism or review - e.g. a newspaper quoting from a book in a review of it.

Reporting current events - you can quote from a politician's speech as long as it concerns topical/current events.

WebCheck

Take each sentence of your text. Who is the Author? Does he need to be identified?
Take each photograph, clip-art or other image. Who is the Copyright Owner?
Have you given Copyright Notice?