Copyright

Copyright is an automatic right that protects the creator/owner of a literary, dramatic, musical, artistic work, or published editions of works, sound recordings, broadcasts and films, against an unauthorised third party from making copies of their works, distributing copies to the public, performing in public and broadcasting.

This cover things such as novels, newspaper and magazine articles, instructional manuals, lyrics for songs, drawings, technical drawings, diagrams, paintings, engravings, sculptures, photographs, maps, works of architecture, works of artistic craftsmanship and logos.

No. Copyright does not apply in single words, names, titles or inventions.

Copyright protects original creative expressions (like writings or art), not brand names (which need trade marks) or inventions (which need patents).

You can deposit a copy with Dolleymores, or with a bank or solicitor. Alternatively, you can deposit a copy with a private company that offers an unofficial register – but research them carefully and understand exactly what service you're paying for.

Your record does not necessarily prove that your work is an original or created by you. It does however give you a defence if someone accuses you of copying their work that was created at a later date i.e. you can prove an earlier creation date.

When considering literary, musical, artistic and dramatic works, the person who creates that work, the author, is the first copyright owner. However, if the work is created in the course of employment then the copyright owner is the employer. The employee is still the author, which means they have moral rights in the work.

Care needs to be taken if work is sent out i.e. commissioned works. The person creating the work is the copyright owner, not the commissioner. Therefore, if you use a design company to prepare your logo, it is the designer, or the company employing the designer who owns the copyright.

The commissioner/you will be able to use the logo in respect of the project it was designed for, because there will be an implied licence between the commissioner/you and the designer/design company.

If the logo is used and copied by an unauthorised third party, the courts are likely to take the view that the Commissioner/you are the beneficial owner of the copyright as you paid for the work to be created. Therefore, you should be able to stop the unauthorised use. We strongly recommend that in situations such as these, a contract be drawn up, at the outset, between the Commissioner and the designer, ideally transferring all rights in the work to the commissioner.

When the copyright material is published, we recommend that you use the International Copyright symbol © next to the work, together with your name and the year the copyright was created e.g. © John Smith 2026. This will demonstrate to others that the work is a copyright and that you are serious in protecting it i.e. it will act as a deterrent to those thinking about copying it.

Copyright in a literary, dramatic, musical or artistic work lasts for the life of the author/creator plus 70 years from the end of the year in which the author died.

Copyright in a film expires 70 years after the end of the year in which the death occurs of the last to survive out of the principal director, the authors of the dialogue and screenplay and the composer of the music that may have been specially written for the film.

Copyright in a sound recording expires 50 years from the end of the year in which it was made, or if published during this time, 50 years from the end of the year of publication. If the recording is published or communicated to the public (e.g., played in public) within that period, the 50-year term runs from the end of the calendar year in which it was first published or communicated.

Copyright in a broadcast expires 50 years from the end of the year of making the broadcast.

Copyright in a published edition expires 25 years from the end of the year in which the edition was first published.

Copyright enables you to prevent your work being copied in any way – for example, photocopying or scanning it, handwriting a printed page, recording live or broadcast music, renting or lending copies to the public, or issuing copies to the public. For plays and music, you can also stop others from performing or showing them in public. This applies even if only a substantial part of your work is copied.

However, the courts generally consider that your rights are not adversely affected by individuals making a single photocopy of a short extract for private study or non-commercial research. This is known as ‘fair dealing’, and the courts do not view such copying as having any real economic impact on you, the copyright owner.

First, we recommend an amicable resolution: contact the offending party, inform them of your rights, explain the infringement and request they cease committing the infringing acts.

As a last resort, pursue court action (typically in the High Court or Intellectual Property Enterprise Court). Remedies may include an injunction to halt the infringement, damages, or delivery up/destruction of infringing items. Litigation is expensive and time-consuming, so seek professional legal advice early and exhaust other options first.