WHEN IS MY YOUR WORK PROTECTED BY COPYRIGHT? PROTECTION OF LITERARY AND ARTISTIC WORKS DEVELOPMENT AND HISTORY OF INTELLECTUAL PROPERTY LAWS A TO Z INDEX

WHEN IS YOUR WORK PROTECTED? A-Z OF COPYRIGHT

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Copyright is a protection for original artwork like the leaping humpback whales above. You can apply for trade mark protection in addition to artistic copyright, but that may not be necessary - unless there is a danger of plagiarism and/or passing off. A trademark is then useful in the courts, requiring less work as to proofs of evidence - hence established rights. But there are costs involved, whereas, copyright is free, after assertion of those rights.

WHEN IS YOUR (MY) WORK PROTECTED BY COPYRIGHT?

For your work to be protected by copyright law it needs to be original and tangible.

ORIGINAL - For a work to be original it must be the product of your own skill and labour or intellectual creation and should not just replicate the work of someone else (such as imitating a drawing or a painting). This is to prevent simple things like writing a poem consisting of a single word being automatically protected by copyright. Otherwise, being creative in daily life would be impossible without stumbling into someone else's copyright.

There is no copyright in a list, since there is no artistic or literary content is a simple listing.

TANGIBLE - This means that it can’t just be an idea you've had. Instead you need to have expressed that idea in a physical form. When you make up a tune in your head, it is only protected by copyright from the moment you write down the musical score or record a performance of it.

See the Berne Convention.

WHEN IS YOUR (MY) WORK PROTECTED BY COPYRIGHT
HOW DO YOU COPYRIGHT YOUR WORK?
HOW LONG DOES COPYRIGHT PROTECTION LAST FOR?
WHAT ARE EXCEPTIONS TO COPYRIGHT PROTECTION?
IS YOUR WORK PROTECTED IN THE UK & INTERNATIONALLY?
HOW DO YOU CREATE COPYRIGHT?
HOW IS YOUR WORK PROTECTED?
HOW ABOUT UPLOADING YOUR WORK TO THE INTERNET?
WHAT If SOMEONE WANTS TO USE YOUR WORK?
HOW CAN YOU BE ACKNOWLEDGED FOR USE OF YOUR WORK?

HISTORY OF "COPY RIGHT"

The Berne Convention 1886 states that all works except photographic and cinematographic shall be protected for at least 50 years after the author's death.

In the UK, the first copyright Act of Parliament dates back to the Statute of Anne in 1709.

Other legal statutes, the Urheberrechtsgesetz in Germany and the Droit d’auteur in France, literally mean “authors’ rights” or “rights of the author”.

COPYRIGHT - This hand built prototype vehicle, is copyright protected. Designs may also be registered, but the artistic copyright is automatically covered, with each photograph and drawing, and of course the full size bodywork, chassis layout, interior design, etc., etc, is protected by Design Copyright. It makes a nonsense of the patent system, that costs so much, no start up could ever compete. And generally, the existing companies, do not want you competing, though some will be scouting for talent and skills. Students with no previous experience helped to build this custom car, now on display at a private museum in Sussex - though not yet open to the general public.

Copyright is legal right that protects the use of your work once your idea has been physically expressed. The current copyright legislation in the UK is the Copyright, Designs and Patents Act 1988. You can find out more about copyright legislation by visiting the Intellectual Property Offices (websites) in your country, or the WIPO, international World Intellectual Property Organization, a division of the United Nations.

EXAMPLES OF WORKS PROTECTED BY COPYRIGHT:

Literary works such as books, blogs, articles, poems
Underlying Musical score, composition, lyrics
Commercial music
Photographs
Artworks
Film footage

Headquarters: World Intellectual Property Organization - 34, chemin des Colombettes - CH-1211 Geneva 20, Switzerland.

Tel: +41 22 338 9111 https://www.wipo.int/

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THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS 1886 - COPYRIGHT - IS AUTOMATIC AND FREE

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