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.
What is protected by copyright?
Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings (including CDs), films (including videos and DVDs) and broadcasts. In the graphic design field original creations such as logos and artworks for brochures, leaflets and other marketing and promotional tools are included within this definition as ‘artistic works’.
What about computer programmes and material stored in computers?
A computer program is protected as a literary work. Converting a program into or between computer languages and codes counts as‘adapting’ a work and storing anywork in a computer involves ‘copying’the work. The copyright owner will usually need to give permission for ‘adapting’ and ‘copying’. Databases also are protected by copyright if the selection and/or arrangement of their contents is original.
Is material on the internet protected by copyright?
Yes – under UK law copyright material sent over the internet or stored on web servers will usually be protected in the same way as material recorded on other media.
Who owns copyright?
The general rule is that the designer or author is the first owner of copyright in a literary, dramatic, musical or artistic work. This includes logos and artworks for marketing materials, such as brochures and leaflets and also covers website designs.
Does copyright need to be registered?
No – copyright protection in the UK is automatic. As soon as an original design is created, its creator is deemed to own the copyright. Copyright lasts until 70 years after the death of the designer or author.
Can copyright be transferred to some one else?
Yes – copyright is a form of intellectual property and can be bought and sold. It is also possible to transfer only some of the rights. Anyone who is a copyright owner may license others to use their work.
But if I own something, doesn’t that make me the copyright owner?
No – copyright exists independently of the material on which it is recorded. So if, for example, you have bought a logo, you will only own the copyright if it has been transferred to you. Copyright is a type of intellectual property and cannot be used without the owner’s permission. Of course, the copyright owner may not decide to give you permission for their work. YOU MUST CONTACT the copyright owner for permission to use the copyright material.
So, when you commission an original work, such as a logo, be sure you understand the implications of copyright. If you wish to have unlimited usage you should ask the designer to transfer copyright to you. The designer is entitled to make a charge for the transfer, although this may often by quite modest in view of the effect of an original and memorable logo will have in developing your business.
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