Copyright

Copyright allows the creator of a wide range of materials such as literature (including company literature, plan's, menu's, logo's etc) art, music, sound recordings, films and broadcasts, enforceable rights enabling the creator to control use of the material protected by the copyright. The creator of the copyright can control use of the protected material in a number of ways such as :

Making copies
Issuing copies to the public
Performing in public
Broadcasting
Use online on the internet

The main purpose of copyright is to allow creators to gain economic rewards for their efforts and so create future creativity and the development of new material. Without protection it would be very easy for others to exploit material without paying the creator.

We can, for a fee of £70 plus VAT per year, record the material subject to the copyright claim and issue a certificate confirming the date in which the copyright material was initially lodged with us. The registration fee also includes our legal fees should we be required to enter into correspondence with a third party infringing the material subject to the copyright claim. Most cases of copyright infringement are resolved amicably without the need to pursue litigation through the courts. However, if we are required to press the proceedings through to a conclusion through the courts, you will be liable to our legal fees associated with the litigation. However if the case is decided in your favour you would be awarded costs as a contribution towards your legal fees.

Do I need to register my copyright?

No. There is no legal requirement within the UK to register your copyright. There is no central body that maintains a copyright registration system. However, should your copyright material be infringed by an unauthorised party you would incur your own legal costs (usually through your solicitor) to prevent the third party from further infringing the copyright.

Furthermore, if you wish to grant a third party a licence to use the protected material and to monitor their use of the copyright, you will again be liable to your solicitors legal fees. However, at TMB these costs are all included in your annual registration fee of £70 plus VAT.

Can copyright be transferred to someone else?

Yes. Copyright, like any other sort of physical property can be bought and sold, inherited or otherwise transferred. A transfer of ownership may cover all or only some of the rights to which you are entitled. All our fees involved with the assignment of a copyright to a third party, are covered by the annual registration fee of £70 plus VAT

How long does my UK copyright last?

Unlike other forms of intellectual Property, such as trade mark registration, copyright does not last indefinitely. Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. Copyright in a film lasts for 70 years after the death of the last to survive of the principal director. Sound recordings, broadcasts and cable programmes are protected for 50 years and published editions are protected for 25 years.

Can a third party legally use my copyright without my permission?

No. However there are certain exceptions to the rights given to you (the copyright owner). For example, limited use of the works protected by copyright may be possible for research and private study, criticism or review, reporting current events, judicial proceedings and teaching in schools.

However, large amounts of copying the copyright material and/or making multiple copies may still require permission from you, the owner of the copyright.

Almost every business generates and uses intellectual property (trade marks, design rights and copyright) and it may be your most valuable asset as it gives you a market edge and allows you to stop competitors using these rights