The Basics Of Copyright Law

• Law Firm: Gowling WLG
• Subject Matter: Intellectual Property, Copyright
• Author: Khemi Salhan and Hannah Barnett
• Published date: 24 May 2023

What do you need to know about copyright law? In our article series focusing on copyright law, we will explore the basics behind legislation, copyright protection, infringement and key things businesses need to know.

In the first article in our copyright series, we provide an overview on the basics of copyright, explaining some fundamental copyright concepts, including what copyright is, what can be protected by copyright, and tips on how to protect your rights.

What is copyright law?

The Copyright, Designs and Patents Act 1988 governs copyright law in the UK. Copyright is a property right which protects the expression of creative output. Unlike some other intellectual property rights in the UK, copyright arises automatically on creation of a work, so there is no registration process and there are therefore no registration fees. The position on registration does vary from country to country, so please do look into local requirements when dealing outside of the UK.

Copyright is entirely separate from ordinary property rights in the work itself. It is perfectly possible for one person to own a painting and for another to own the copyright within it.

Copyright protects original works that are fixed in some form. Under UK law, we have a number of categories set out in the legislation, which specify different types of works that may attract copyright protection. The list includes literary, dramatic, musical and artistic works among other things such as broadcasts and typographical arrangements. There is further clarification as to what specifically falls under these categories in the legislation, but it is often forgotten that things such as computer programmes, 2D and 3D designs, and databases, may also be protected by copyright.

As mentioned, a work must be original in order for it to attract copyright protection. This does not mean that the work must be unique, it is just that expression and form of the idea must be original. The author must have created the work through their own skill, judgment, and individual effort and it must not have been copied from other works. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation such as a logo that combines these elements may be.

Proving copyright

In order for copyright to subsist, the work must be recorded in some form. So a folk song held in the head of a busker or the great idea for a novel that you have carefully thought out but not...