Simon Walters®

Copyright



Protecting original works.


Copyright and Trade Marks.


Copyright and Designs.

Copyright


Copyright protects original works, for example - artistic, dramatic, films, literary, software and sound recordings.


The original works must be physical in nature, copyright does not exist for abstract ideas.


Copyright exists automatically upon creation of the work.


In most countries, including the UK, one cannot register copyright. In those countries like U.S.A. where copyright registration is available, it is advisable to file an application to register one's work.


It is advisable to maintain records of creating a work of copyright, to prove ownership.


The duration of copyright is normally for the life of the author of the work plus 70 years.


Some copyright is subject to special rules. Broadcasts and sound recordings in the European Union are protected for 50 years from publication.

Copyright and Trade Marks


A trade mark may include artwork, in the form of a logo.


There could be copyright in the artwork and it is important that a trade mark proprietor is sure that they are the owner of any copyright.


An entitlement to use the artwork does not equal ownership, even when the artwork has been commissioned.


It is recommended that ownership is determined at an early stage to prevent future difficulties.


Simon Walters® can assist in drafting the necessary copyright agreement.

Copyright and Designs


Copyright can apply to some industrial designs, which fall outside the rules that apply to UK unregistered design right. Protection against copying can encompass graphic symbols, logos, patterns and surface ornamentation. No registration is required.


Copyright lasts for the life of the author plus 70 years.


Where the design is an artistic work applied in an industrial manner to products offered for sale, copyright is for 25 years.


When the artwork has been commissioned, it is recommended that ownership is determined at an early stage to prevent future difficulties and a copyright agreement is agreed.