IP Briefing Note - Copyright and Intellectual Property Law

 IP Briefing Note - Copyright and Intellectual Property Law

An important part of intellectual property law is copyright, which protects an individual's ability to do something that no one else can. Intellectual property (IP) does not exist in a tangible form; rather, it is considered intangible. The value of intellectual property, which includes copyright, design right, patents, trademarks, service marks, goodwill, registered designs, and registered designs, is growing for companies of all kinds. Copyright and trademarks have become increasingly significant in the British economy since the rise of the Internet in the 21st century.

Explain Copyright.
Copyright refers to the exclusive ability of the original creator or author to make copies or utilize their work. This question occurs whenever someone creates something truly unique. The owner of copyright has the legal authority to restrict or authorize the use of the work by others, subject to the owner's satisfaction. Different nations have different laws regarding this intellectual property right. For example, copyright in the UK typically lasts for the author's lifetime plus 70 years. After that, anybody can use the work without permission. Do not even think about using someone else's work, even after 70 years have passed since the author's or creator's death, without first consulting an expert, as the detailed laws are more complicated.

Obtaining Copyright Insurance
If you want to avoid having your work stolen, what are you to do about copyright? Completely nonexistent. The most prevalent fallacy is the idea that proactive measures are necessary to secure copyright in the United Kingdom. Actually, the moment you finish a project, you own the copyright to it. Proving that it was originally your idea rather than someone else's is the tricky part. But remember that your employer will automatically own the copyright to everything you create while working for them.

Safeguarding Intellectual Property
To establish the date of creation of the intellectual property work in issue, just follow these easy steps:

stuff an envelope with a snapshot or replica of the work (ideally saved digitally on a disk or CD-Rom); send it to yourself;
notate the return address on the envelope so you can recognize what is inside without opening it;
The envelope should be sent via "Special Delivery" mail. Upon arrival, please do not open the envelope. Keep it in a secure location to prevent theft or damage.
Determining Who Owns An IP
Because anyone might have put anything in the envelope at any moment, opening it will render it useless as evidence in your case. You should weigh the potential worth of your work against the additional cost of storing it in a fireproof safe or paying someone else to do so (e.g. your bank).

If no one else is likely to find value in your work, then there is little use in going to the time and expense of securing copyright protection and other forms of intellectual property. Another thing to keep in mind is that copyright protection will not grant you any rights to someone else's work if you have already copied it, no matter how innocent you were.

The "UK Copyright Service" (www.copyrightservice.co.uk; email: information@copyrightservice.co.uk) is a privately run registry that allows you to register your copyright for a nominal charge, contrary to popular perception.

Addressing Questions of Copyright
Even if, in most cases, the author or creator retains copyright, what happens when an employee creates the work while on the clock or when a client requests the work? The question of who owns the copyright could get murky in either scenario.

Copyright in Employee-Generated Content
Certain provisions are implied into an employee's employment contract, but to prevent disagreements down the road, it is essential that an employment contract explicitly states that the employer will own any works created by the employee. This gives the employer the freedom to enter into contracts with clients that may extend beyond the employee's employment, which is crucial to avoid contractual gridlock. Consider a situation where an employee of a software firm develops a program for one of their clients. If that employee were to quit (or even threaten to leave) and take the copyright with them, the employer would be in a very difficult position with the client.

While the artist often keeps copyright for client-commissioned work, copyright transfer to the customer may be required by industry standards. The client's agreed upon agreements should specifically address this matter to prevent costly conflicts.

The client will have the unlimited right to reproduce the work if the terms stipulate that copyright passes to them. Copyright is like a multi-tiered cake; it is easy to slice and distribute the parts. To rephrase, the owner of copyright can maintain ownership while granting another party permission to utilize all or part of the copyright (a "licence"). Licensing can be done for the entire cake or for individual components, with the components being determined according to time, purpose, and territory.

As an example, a small theater's low-budget play needed artwork for fly sheets and posters, so they hired a freelance graphic designer. As a cost-cutting measure, they asked him to complete the work for less money. He was willing to do it, but he was worried that they would have struck an unfair deal if the show had gone to the West End. With the help of a brief contract letter, he was able to reach an arrangement with his client limiting their usage of the artwork to the productions running at the smaller venue. This would force the client to bargain for its use elsewhere. This allowed for a more fair compensation for the designer in the event that the play was a success. Indeed, it was, and the designer reaped financial benefits upon its transfer to the West End.


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