Ask the Expert: Copyright: Creative Portal

Ask the Expert: Copyright

Source: Arts Council England, © Madeline Hutchins 2005, http://www.copyright.co.uk

Question 1: How do I obtain or register for Copyright?

David Weir, Bedale

Answer 1:

The UK Copyright Service provides copyright registration for original works by writers, musicians, artists, designers, software providers, authors, companies, organisations and individuals.

Known as Copyright Witness internationally, and the UK Copyright Service in the UK, the service supports international copyright protection by securing independent evidence that will help prove originality and ownership in any future claims or disputes.

Copyright protection is an automatic right under international law, but evidence may be required to support your claim in the event of a dispute, so ensuring the best copyright protection for your work relies on several factors.

There are four simple steps you can take to ensure your work is safe:
1. Ensure your work is properly marked.
A correctly worded notice will deter infringement, as it states that the work is protected under law, and also shows that you have an awareness of that right and take it seriously.
2. Register your work.
The most important factor in establishing your claim in any dispute is having veriable proof of date and content for your work. This is provided by the Copyright Registration Service
3. Keep or register supporting evidence.
Supporting evidence falls into two categories:
• Evolution of ideas – this is evidence that the work progressed, rather than being copied from elsewhere, and normally takes the form of development work.
• Footprints or watermarking – this is normally evidence inserted into finished documents that will identify the author in some way.
4. Agreement between co-authors.
If your work is a joint venture, be sure you know exactly where you stand, who will own what rights, and what happens when someone leaves.

Question 2: What exact protection does 'Copyright' afford?

Helen Corner, Reeth

Answer 2:

Copyright provides protection for anyone creating work, enabling them to control use of the work, be credited with creating it, and earn from it.

The law sets parameters for who owns copyright, how long the protection lasts, and how to buy, sell and license copyright works.

Knowing the basics of how copyright functions is essential for all professional artists and arts managers.

Question 3: As an artist, why might I need to consider copyright issues?

Christopher Whitehead, Doncaster

Answer 3:

Arts professionals need to be clear what protections and restrictions are provided by copyright legislation, and what actions need to taken in relation to copyright works.

Artists create copyright works and are also likely to make use of other people's copyright materials.

Arts organisations often commission new copyright works and regularly use other people’s copyright works (eg images in publicity material, background music).

Question 4: What will copyright actually protect me against?

Sandra Taylor, Conisbrough

Answer 4:

• copying the work

• issuing copies of the work to the public

• performing or showing a literary, dramatic or musical work in public

• broadcasting the work, or including it in a cable programme

• making an adaptation of a literary, dramatic or musical work or doing any of the above in relation to an adaptation

Question 5: I am a singer/songwriter and I want to record my own music. What is Performers' Property Right and how will it affect me?

Johnny Marsh, Eccleshall

Answer 5:
Performers' property right requires the performer’s consent for:

• making a recording of their performance

• making a film or broadcast of their performance or including it in a cable programme

• making copies of a recording of their performance

• issuing to the public, renting or lending copies of recordings of their performance

Question 6: What are the requirements for copyright protection?

Mark Ditchfield, Linthwaite

Answer 6:

The requirements for copyright protection are:

Originality

Copyright requires the work to be original; that is not copied from another work and arrived at by some degree of human skill, knowledge or labour.

New adaptations, arrangements and translations of existing material have copyright protection but permission from the copyright owner of the original material may be needed to make them.

Fixing

The work has to be fixed, either in writing, or in some other form so that it can be referred to later.

Formats of fixing include video for dance or drama, a digital recording for music/lyrics and a photograph for a piece of transitory art.

A performance by itself does not fix a work, a recording of it in some format is also required

Question 7: Who actually owns the copyright?

Karen Corrigan, Pickering

Answer 7:

The person who created the work is the 'first owner' under copyright. The first owner automatically owns the copyright unless a written contract states otherwise.

For literary, dramatic, musical and artistic works, if the creator of the work is freelance, even if commissioned, the creator is the first owner of copyright. If the creator is employed and makes the work in the course of their employment, the employer is the first copyright owner.

For sound recordings, broadcasts and cable programmes the first owner is the person responsible for the arrangements necessary to make the recording etc, and therefore usually the recording company.

For the typographical arrangements of a published text the publisher is the first owner.

Ownership of the copyright in a work is separate from the ownership of the physical item, for example, the arts centre owns the piece of sculpture, but the sculptor owns the copyright to it. If you are unsure about who owns the copyright to a piece of work, you may have to contact the appropriate collecting society (see 'useful contacts', or the creator’s publisher, agent or representative to check.

Question 8: Are there any acts permitted by copyright?

Darren Hannon, Tadcaster

Answer 8:

Some uses of copyright material are allowed without the owner’s permission. For example, use of extracts of copyright material for:

• personal study and research

• review and criticism

• reporting of current events.

In most cases the work and creator must be credited and there are also exceptions for educational uses.

Question 9: Does copyright vary depending on the work involved?

Ben Gillespie, Northallerton

Answer 9:

Yes, copyrightable works are defined into categories and the protections for each category vary.

Literary, dramatic (including dance), musical and artistic works - protected for creator's life plus 70 years. For work of joint authorship copyright lasts for the life of the creator living longest plus 70 years.

Computer-generated work, sound recordings, broadcasts or cable programmes - protected for 50 years from the year of making/release.

Film - protected for 70 years after the death of the last of the following persons connected with the film: the principal director, the screenplay author, the film dialogue author, the composer of music created especially for and used in the film.

Typographical arrangements of published editions - protected for 25 years from publication.

Performers' property right - protected for 50 years from the year of the performance.

Once created and fixed a work is covered by copyright. There is no registration process or fee to be paid; however it is useful to show that you are aware of copyright by using the international copyright by-line on works – © Copyright owner’s name, year, all rights reserved.