Frequently Asked Questions (FAQs) (click on a subject
and sub-menu)
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1) Patents |
Welcome to our FAQ section covering various aspects of Intellectual Property. These notes serve only as a general guide and are not designed to address any specific issues that you may be concerned with. In consequence, Baron & Warren cannot accept any liability or responsibility for any decisions or actions taken on the basis of these notes. However, we would be happy to discuss any particular matters of interest with you. |
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You are welcome at any time to print these pages and read them at your convenience. However, reproduction of these notes, other than for personal and private use, is strictly prohibited under Copyright law. |
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5) Copyright |
Definition |
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q What is a copyright? q Broadly speaking, copyright gives creators and owners of specified works the right to stop others from copying or adapting such works, from lending, renting or issuing copies to the public, performing the works in public or broadcasting the works. q Copyright is not a monopoly right; that is, it can only be used to prevent copying and cannot be used to protect against others exploiting works created independently.
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q What can be protected? q Original literary, dramatic, artistic and musical works; typographical arrangements of published editions;
q How original does a literary, dramatic, artistic or musical work need to be? q The work need only originate from the author and be the result of some skill, labour or intellectual effort. Examples of such works include catalogues , technical manuals, technical drawings and compilations. q What kinds of work cannot be protected? q An idea, although the expression of the idea (i.e. the work itself) may be protected. q Works of a trivial nature, such as,
q What qualifies as an artistic work? q The following are regarded as ‘artistic works’ even if they may not be of artistic merit:-
q Other works which are considered as being ‘artistic works’ include:
q What qualifies as a literary work? q Anything written, spoken or sung other than a musical or dramatic work (which may include translating, editing and adapting) and includes:
q How long does protection last? q For works originating in the UK or another EEA state:-
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q Who is the owner of a copyright work? q In general, the author of the work is the first owner for all but sound recordings, broadcasts and cable programmes which belong to the record producer, broadcaster or publisher. Also, films belong jointly to the principal director and film producer. q One major exception is where a work is created during the course of employment in which case the copyright, in general, belongs to the employer. q Computer generated works belong to the person who made the arrangements to enable the work to be computer generated. q How is copyright protection obtained? q Copyright protection arises automatically when the work is created provided it is recorded in some tangible form. q Whilst marking is not obligatory in order to procure copyright protection, it is prudent to mark copies of works to indicate a claim to copyright and the simplest form of marking is Ó followed by the name of the copyright owner, and the year from which copyright is claimed.
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q How is a copyright work infringed? q A copyright work is infringed if any person who, without authorisation, copies or adapts the work, lends, rents or issues copies to the public, performs the work in public or broadcasts the work. q What does ‘copying’ mean under copyright law? q Copying means reproducing the whole or substantial part of a work either directly or indirectly. q Copying in relation to a literary, dramatic, musical or artistic work means copying the work in any material form including storing in any medium by electronic means. q Copying in relation to an artistic work also means making a copy in 3D of a 2D work and vice versa.
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q Are there any other maintenance issues of concern? q Copyright may be assigned or licensed. q An assignment of copyright or an exclusive licence is not effective unless it is in writing and signed by or on behalf of the copyright owner. |
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