Copyrights
Copyright law has been around for hundreds of years, but the Copyright, Designs and Patents Act 1988 is still what governs it today, which is a challenge when you consider everything that’s changed since: AI, social media, fast-moving software and digital creativity.
Copyright sits at the heart of anything original your business creates, and it can add real value if it’s handled correctly. Unlike other intellectual property rights, it’s automatic on creation. You don’t need to register it. What you do need is a clear understanding of what you own or have the right to use, and whether the right protections are in place: non-disclosure agreements, copyright notices, robust terms and conditions, and employment contracts that stop staff retaining ownership of what they create for you.
Copyright applies to a wide range of work, including films, written material such as books, articles and scripts, software and databases, songs and music recordings, and artistic and visual work.
As the owner of a copyrighted work, you have the right to:
- reproduce it
- distribute or sell copies
- perform or display it
- adapt it
- publish or stream it online, or make it available through a website or platform
- prevent unauthorised copying and take enforcement action
- licence it to others, or grant commercial usage rights
These rights don’t always sit with the person who created the work. If you’re an employee, your employment contract may automatically assign your rights to your employer. If you’re a software developer, your contract may assign them to your customer.
We can help you identify and understand the copyright you own or use, and put the right structure in place to exploit it, whether that’s a licence, an assignment or a collaboration agreement, depending on whether you want to keep ownership and grant permission to others, transfer ownership entirely, or take a licence so you can lawfully use someone else’s work.
A well-drafted licence should set out the works being licensed, the permitted uses, territory, duration, exclusivity, fees or royalties, sub-licensing rights, and ownership of any improvements, and what happens when the licence ends. It should also cover digital use, AI-related uses, confidentiality, moral rights and who’s responsible for enforcement.
Copyright exists the moment you create something. Protecting it properly takes a bit more.
We work with businesses at every stage: one working out what copyright it owns, or one negotiating a licence to use somebody else’s. Wherever you sit on that scale, here’s where our intellectual property work applies.
If you’re not sure which of these fits your situation, call us, and we’ll point you in the right direction.
