JoeComins
25-04-2005, 06:35 PM
What is Copyright?
Copyright gives the creators of certain kinds of material rights to control ways their material can be used. These rights start as soon as the material is recorded in writing or in any other way. There is no official registration system. The rights cover:
copying;
adapting;
distributing;
communicating to the public by electronic transmission (including by broadcasting and in an on demand service);
renting or lending copies to the public; and,
performing in public
In many cases, the author will also have the right to be identified on their works and to object if their work is distorted or mutilated.
What is protected by copyright?
Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (including videograms) and broadcasts.
Are names protected by copyright?
No. There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark or common-law actions for passing-off may sometimes protect an unregistered trade mark.
Are ideas protected by copyright?
No. Although the work itself may be protected, the idea behind it is not.
What about computer programs and material stored in computers?
Computer programs are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to "adapting" a work and storing any work in a computer amounts to "copying" the work. Also, running a computer program or displaying a work on a VDU will usually involve copying and thus require the consent of the copyright owner. The copyright owner will usually need to give permission for 'adapting' and 'copying' a work, however you may not need permission to make transient or incidental temporary copies
What about databases?
Databases may receive copyright protection for the selection and/or arrangement of the contents. In addition, or instead, database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
Does material have to have novelty or aesthetic value to get copyright protection?
No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material that qualifies for copyright protection, whatever the subject matter.
Can copyright protect industrial articles?
No. Copyright may protect the drawing from which an article is made but copyright cannot be used to prevent the manufacture of articles.
Is material on the Internet protected by copyright?
Yes. Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material.
Ownership and duration of copyright
The general rule is that the author is the first owner of copyright in a literary, dramatic, musical or artistic work. In the case of films, the principal director and the film producer are joint authors and first owners of copyright. The main exception is where a work or film is made in the course of employment, in which case the employer owns the copyright. The copyright in sound recordings, broadcasts and published editions generally belongs to the record producer, broadcaster or publisher.
Do I need to register copyright?
No. Copyright protection in the UK is automatic and there is no registration system - so there are no forms to fill in and no fees to pay.
Can copyright be transferred to someone else?
Yes. Copyright is a form of intellectual property and, like 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 a copyright owner is entitled. First or subsequent copyright owners can choose to license others to use their works whilst retaining ownership themselves.
But if I own something, doesn't that make me the copyright owner?
No. Copyright exists independently of the medium on which a work is recorded. So if, say, you have bought or inherited a painting, you only own any copyright in it if that also has been transferred to you.
How long does UK copyright last?
Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings are generally protected for 50 years from the year of publication. Broadcasts are protected for 50 years and published editions are protected for 25 years.
For copyright works created outside the UK or another country of the European Economic Area, the term of protection may be shorter. There may also be differences for works created before 1 January 1996.
Is there any protection after copyright expires?
If a literary, dramatic, musical or artistic work or film for which the copyright has expired has never been made available to the public, it may be protected by publication right. This is granted automatically to the first person to make a relevant work or film available to the public within the European Economic Area, lasts for 25 years from the time of making available, and gives rights broadly similar to those given by copyright.
Using copyright material
Copyright is a type of intellectual property and, like physical property, cannot generally be used without the owner`s permission. Of course, the copyright owner may decide not to give permission for use of his or her work.
How do I get permission to copy or use copyright material?
Normally by approaching the copyright owner, but there are a number of organisations that act collectively for groups of copyright owners in respect of particular rights and which may offer "blanket" licences to users. Further information is available directly from these organisations.
Can I do anything if I think I am being charged too much to use copyright material?
If an individual copyright owner has offered to license use of his/her copyright work, you can try and negotiate terms and conditions that are acceptable to you, but the final terms and conditions must be accepted by the copyright owner also. Where copyright owners act collectively to license use of their copyright works, you may, however, be able to seek an independent ruling on the terms and conditions of a licence, including how much you must pay, by applying to the Copyright Tribunal (http://www.patent.gov.uk/copy/tribunal/index.htm). Although the members of the Tibunal are appointed by ministers and the secretariat of the Tribunal is provided by Copyright Directorate in the Patent Office, the Tribunal makes its decisions independently of Government.
Do I always need permission to copy or use copyright material?
No, there are certain exceptions to the rights given to the copyright owner. For example, limited use of works may be possible for non-commercial research and private study, criticism or review, reporting current events, judicial proceedings and teaching in schools. But if you are copying large amounts of material and/or making multiple copies then you may still need permission. Also it is generally necessary to include an acknowledgement of the name of the copyright work and its author.
But if I've bought something, can't I use it however I like?
Just buying a copy of a book, CD, video, computer program, etc. does not necessarily give you the right to make further copies (even for private use) or play or show them in public. The right to do these things will generally remain with the copyright owner, whose permission you would need. You should note that photocopying a work, scanning a work to produce an electronic copy and downloading a copy of a work which is in an electronic form (eg. on a CD-ROM or an on-line database) all involve copying the work so that permission to copy is generally needed.
But if I have permission, ie. a licence, to use a work, can't I use it however I like?
Not unless the licence you have allows any use of the work. Often a copyright owner will only give permission for some uses of a work, eg. publication of a photograph in a particular newspaper, and, if you want to use the work in any other way, eg by publishing the photograph in a magazine, you will need to seek further permission.
Claiming and enforcing copyright
Copyright is automatic in the UK and most of the rest of the world. It is essentially a private right so decisions about use of a copyright work and how to enforce copyright are generally for a copyright owner to take for him or herself.
Do I have to mark my work to claim copyright?
Although a few countries require that a work be marked with the international © mark followed by the name of the copyright owner and year of publication, this is not essential in most countries, including the UK. However, marking in this way may assist in infringement proceedings.
How can I prove originality in my work?
Ultimately this is a matter for the courts to decide. However, it may help copyright owners to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time. (Further details of special delivery should be available at Post Offices).
What can I do if my work is used without my permission?
Although you are not obliged to do so it will usually be sensible, and save time and money, to try to resolve the matter with the party you think has infringed your copyright. If you cannot do this, then you may need to go to court. Before doing so, you should consider obtaining legal advice. Courts may grant a range of remedies, such as injunctions (to stop the other person making use of the material), damages for infringement, or orders to deliver up infringing goods. If infringing copies are being imported from outside the European Economic Area, you may ask HM Customs and Excise to stop them.
Isn't infringement of copyright a criminal offence?
Deliberate infringement of copyright may be a criminal offence. If the infringement is on a large scale (e.g. pirate or counterfeit copies of CDs are circulating) then it is worth informing the police or your local trading standards department. They can decide whether action by them, including possible prosecution, is justified.
Will my material be protected overseas?
Usually, but not invariably. The UK is a member of several international conventions in this field, notably the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention (UCC). Copyright material created by UK nationals or residents is protected in each member country of the conventions by the national law of that country. Most countries belong to at least one of the conventions, including all the Western European countries, the USA and Russia. A full list of the conventions and their member countries may be obtained from the Copyright Directorate (http://www.patent.gov.uk/copy/contact.htm). Protection overseas can also arise from obligations in the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which forms part of the World Trade Organisation (WTO) Agreement.
What about marking my work and enforcing copyright when I put it on a web site?
Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs.
Copyright and the Internet
Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material.
Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs.
Material Copyright of http://www.patent.gov.uk
Just a quick note to all:
Habbo fansites cannot be coyrighted due to this copyright statement from sulake & habbo
"All rights including trademarks, copyright and database rights in this website and its contents are owned by or licensed to Sulake UK Ltd. All rights reserved. Powered by Sulake technology"
Copyright gives the creators of certain kinds of material rights to control ways their material can be used. These rights start as soon as the material is recorded in writing or in any other way. There is no official registration system. The rights cover:
copying;
adapting;
distributing;
communicating to the public by electronic transmission (including by broadcasting and in an on demand service);
renting or lending copies to the public; and,
performing in public
In many cases, the author will also have the right to be identified on their works and to object if their work is distorted or mutilated.
What is protected by copyright?
Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (including videograms) and broadcasts.
Are names protected by copyright?
No. There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark or common-law actions for passing-off may sometimes protect an unregistered trade mark.
Are ideas protected by copyright?
No. Although the work itself may be protected, the idea behind it is not.
What about computer programs and material stored in computers?
Computer programs are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to "adapting" a work and storing any work in a computer amounts to "copying" the work. Also, running a computer program or displaying a work on a VDU will usually involve copying and thus require the consent of the copyright owner. The copyright owner will usually need to give permission for 'adapting' and 'copying' a work, however you may not need permission to make transient or incidental temporary copies
What about databases?
Databases may receive copyright protection for the selection and/or arrangement of the contents. In addition, or instead, database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
Does material have to have novelty or aesthetic value to get copyright protection?
No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material that qualifies for copyright protection, whatever the subject matter.
Can copyright protect industrial articles?
No. Copyright may protect the drawing from which an article is made but copyright cannot be used to prevent the manufacture of articles.
Is material on the Internet protected by copyright?
Yes. Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material.
Ownership and duration of copyright
The general rule is that the author is the first owner of copyright in a literary, dramatic, musical or artistic work. In the case of films, the principal director and the film producer are joint authors and first owners of copyright. The main exception is where a work or film is made in the course of employment, in which case the employer owns the copyright. The copyright in sound recordings, broadcasts and published editions generally belongs to the record producer, broadcaster or publisher.
Do I need to register copyright?
No. Copyright protection in the UK is automatic and there is no registration system - so there are no forms to fill in and no fees to pay.
Can copyright be transferred to someone else?
Yes. Copyright is a form of intellectual property and, like 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 a copyright owner is entitled. First or subsequent copyright owners can choose to license others to use their works whilst retaining ownership themselves.
But if I own something, doesn't that make me the copyright owner?
No. Copyright exists independently of the medium on which a work is recorded. So if, say, you have bought or inherited a painting, you only own any copyright in it if that also has been transferred to you.
How long does UK copyright last?
Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings are generally protected for 50 years from the year of publication. Broadcasts are protected for 50 years and published editions are protected for 25 years.
For copyright works created outside the UK or another country of the European Economic Area, the term of protection may be shorter. There may also be differences for works created before 1 January 1996.
Is there any protection after copyright expires?
If a literary, dramatic, musical or artistic work or film for which the copyright has expired has never been made available to the public, it may be protected by publication right. This is granted automatically to the first person to make a relevant work or film available to the public within the European Economic Area, lasts for 25 years from the time of making available, and gives rights broadly similar to those given by copyright.
Using copyright material
Copyright is a type of intellectual property and, like physical property, cannot generally be used without the owner`s permission. Of course, the copyright owner may decide not to give permission for use of his or her work.
How do I get permission to copy or use copyright material?
Normally by approaching the copyright owner, but there are a number of organisations that act collectively for groups of copyright owners in respect of particular rights and which may offer "blanket" licences to users. Further information is available directly from these organisations.
Can I do anything if I think I am being charged too much to use copyright material?
If an individual copyright owner has offered to license use of his/her copyright work, you can try and negotiate terms and conditions that are acceptable to you, but the final terms and conditions must be accepted by the copyright owner also. Where copyright owners act collectively to license use of their copyright works, you may, however, be able to seek an independent ruling on the terms and conditions of a licence, including how much you must pay, by applying to the Copyright Tribunal (http://www.patent.gov.uk/copy/tribunal/index.htm). Although the members of the Tibunal are appointed by ministers and the secretariat of the Tribunal is provided by Copyright Directorate in the Patent Office, the Tribunal makes its decisions independently of Government.
Do I always need permission to copy or use copyright material?
No, there are certain exceptions to the rights given to the copyright owner. For example, limited use of works may be possible for non-commercial research and private study, criticism or review, reporting current events, judicial proceedings and teaching in schools. But if you are copying large amounts of material and/or making multiple copies then you may still need permission. Also it is generally necessary to include an acknowledgement of the name of the copyright work and its author.
But if I've bought something, can't I use it however I like?
Just buying a copy of a book, CD, video, computer program, etc. does not necessarily give you the right to make further copies (even for private use) or play or show them in public. The right to do these things will generally remain with the copyright owner, whose permission you would need. You should note that photocopying a work, scanning a work to produce an electronic copy and downloading a copy of a work which is in an electronic form (eg. on a CD-ROM or an on-line database) all involve copying the work so that permission to copy is generally needed.
But if I have permission, ie. a licence, to use a work, can't I use it however I like?
Not unless the licence you have allows any use of the work. Often a copyright owner will only give permission for some uses of a work, eg. publication of a photograph in a particular newspaper, and, if you want to use the work in any other way, eg by publishing the photograph in a magazine, you will need to seek further permission.
Claiming and enforcing copyright
Copyright is automatic in the UK and most of the rest of the world. It is essentially a private right so decisions about use of a copyright work and how to enforce copyright are generally for a copyright owner to take for him or herself.
Do I have to mark my work to claim copyright?
Although a few countries require that a work be marked with the international © mark followed by the name of the copyright owner and year of publication, this is not essential in most countries, including the UK. However, marking in this way may assist in infringement proceedings.
How can I prove originality in my work?
Ultimately this is a matter for the courts to decide. However, it may help copyright owners to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time. (Further details of special delivery should be available at Post Offices).
What can I do if my work is used without my permission?
Although you are not obliged to do so it will usually be sensible, and save time and money, to try to resolve the matter with the party you think has infringed your copyright. If you cannot do this, then you may need to go to court. Before doing so, you should consider obtaining legal advice. Courts may grant a range of remedies, such as injunctions (to stop the other person making use of the material), damages for infringement, or orders to deliver up infringing goods. If infringing copies are being imported from outside the European Economic Area, you may ask HM Customs and Excise to stop them.
Isn't infringement of copyright a criminal offence?
Deliberate infringement of copyright may be a criminal offence. If the infringement is on a large scale (e.g. pirate or counterfeit copies of CDs are circulating) then it is worth informing the police or your local trading standards department. They can decide whether action by them, including possible prosecution, is justified.
Will my material be protected overseas?
Usually, but not invariably. The UK is a member of several international conventions in this field, notably the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention (UCC). Copyright material created by UK nationals or residents is protected in each member country of the conventions by the national law of that country. Most countries belong to at least one of the conventions, including all the Western European countries, the USA and Russia. A full list of the conventions and their member countries may be obtained from the Copyright Directorate (http://www.patent.gov.uk/copy/contact.htm). Protection overseas can also arise from obligations in the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which forms part of the World Trade Organisation (WTO) Agreement.
What about marking my work and enforcing copyright when I put it on a web site?
Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs.
Copyright and the Internet
Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material.
Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs.
Material Copyright of http://www.patent.gov.uk
Just a quick note to all:
Habbo fansites cannot be coyrighted due to this copyright statement from sulake & habbo
"All rights including trademarks, copyright and database rights in this website and its contents are owned by or licensed to Sulake UK Ltd. All rights reserved. Powered by Sulake technology"