UK COPYRIGHT SERVICE

Factsheet No. P-01 Issued: !"#$ %000 Last Amended: 6th August 2013

UK Co!&"#'ht (a)
This fact sheet outlines the laws covering copyright in the United ingdom and the wor! to which it applies" 1. I*t"oduct#o* #opyright law and copyright originated in the U from a concept of common law$ the %tatute of Anne 1&0'" (t )ecame statutory with the passing of the #opyright Act 1'11" The current act is the #opyright* +esigns and ,atents Act 1'--" %. T&!es o+ )o", to )h#ch co!&"#'ht a!!$#es #. (#te"a"& %ong lyrics* manuscripts* manuals* computer programs* commercial documents* leaflets* newsletters and articles etc" #omputer programs regulations in 1''2 also e.tended the copyright of literary wor!s to include computer programs" ##. -"a.at#c ,lays* dance* etc" ###. /us#ca$ /ecordings and score" #0. "t#st#c ,hotography* painting* sculptures* architecture* technical drawings0diagrams* maps* logos* etc" 0. T&!o'"a!h#ca$ a""a*'e.e*t o+ !u1$#shed ed#t#o*s 1aga2ines* periodicals* etc" 0#. Sou*d "eco"d#*' 1ay )e recordings of other copyright wor!s* e"g" musical and literary" 0##. F#$.s 0###.2"oadcasts a*d ca1$e !"o'"a.s 3. 4he* co!&"#'ht occu"s #opyright arises whenever an individual or company creates a wor!: A wor! is su)3ect to copyright if it is regarded as original* and must e.hi)it a degree of la)our* s!ill or 3udgement" (nterpretation is related to the independent creation rather than the idea )ehind the creation" 4or e.ample* your idea for a )oo! would not itself )e protected* )ut the actual content of a )oo! you write would )e" 5ames* titles* short phrases and colours are not generally considered uni6ue or su)stantial enough to )e covered* )ut a creation* such as a logo* that com)ines these elements may )e" 5. 4ho o)*s the co!&"#'ht o* a !#ece o+ )o", 5ormally the individual or collective who authored the wor! will e.clusively own the wor! and is referred to as the 7first owner of copyright7 under the 1'-- #opyright* +esigns and ,atents Act" 8owever* if a wor! is produced as part of employment then the first owner will normally )e the company that is the employer of the individual who created the wor!" 4reelance or commissioned wor! will usually )elong to the author of the wor!* unless there is an agreement to the contrary* 9i"e" in a contract for service:" ;ust li!e any other asset* copyright may )e transferred or sold )y the copyright owner to another party" #opyright does not su)sist in any part of a wor! which is a copy ta!en from a previous wor!" 4or e.ample* in a piece of music featuring samples from a previous wor!* the copyright of the samples would still remain with the original author" <nly the owner* or his e.clusive licensee can )ring proceedings in the courts" 6. -u"at#o* o+ co!&"#'ht The 1'-- #opyright* +esigns and ,atents Act states the duration of copyright as: #. Fo" $#te"a"&7 d"a.at#c7 .us#ca$ o" a"t#st#c )o",s &0 years from the end of the calendar year in which the last remaining author of the wor! dies" (f the author is un!nown* copyright will last for &0 years from end of the calendar year in which the wor! was created* although if it is made availa)le to the pu)lic during that time* 9)y pu)lication* authorised performance* )roadcast* e.hi)ition* etc":* copyright will run for &0 years from the end of the year that the wor! was first made availa)le" Sou*d Reco"d#*'s a*d 1"oadcasts =0 years from the end of the calendar year in which the wor! was created* or* if the wor! is released within that time* =0 years from the end of the calendar year in which the wor! was first released" F#$.s &0 years from the end of the calendar year in which the last principal director* author or composer dies" (f the wor! is of un!nown authorship: &0 years from end of the calendar year of creation* or if made availa)le to the pu)lic in that time* &0 years from the end of the year the film was first made availa)le T&!o'"a!h#ca$ a""a*'e.e*t o+ !u1$#shed ed#t#o*s 2= years from the end of the calendar year in which the wor! was first pu)lished" 2"oadcasts a*d ca1$e !"o'"a..es =0 years from the end of the calendar year in which the )roadcast was made" C"o)* Co!&"#'ht #rown copyright will e.ist in wor!s made )y an officer of the #rown* this includes items such as legislation and documents and reports produced )y government )odies" #rown copyright will last for a period of 12= years from the end of the calendar year in which the wor! was made" (f the wor! was commercially pu)lished within &= years of the end of the calendar year in which it was made* #rown copyright will last for =0 years from the end of the calendar year in which it was pu)lished" Pa"$#a.e*ta"& Co!&"#'ht ,arliamentary copyright will apply to wor! that is made )y or under the direction or control of the 8ouse of #ommons or the 8ouse of Lords and will last until =0 years from the end of the calendar year in which the wor! was made"

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cts "est"#cted 1& co!&"#'ht (t is an offence to perform any of the following acts without the consent of the copyright owner: i" ii" #opy the wor!" /ent* lend or issue copies of the wor! to the pu)lic"

iii" ,erform* )roadcast or show the wor! in pu)lic" iv" Adapt the wor!" The author of a wor!* or a director of a copyright film may also have certain moral rights: v" The right to )e identified as the author" vi" /ight to o)3ect to derogatory treatment"

#opyright > 2000?200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-01
9. cts that do *ot #*+"#*'e co!&"#'ht A4air dealingB is a term used to descri)e acts which are permitted to a certain degree 9normally copies of parts of a wor!: without infringing copyright* these acts are: i" ii" ,rivate and research study purposes" ,erformance* copies or lending for educational purposes" ;. Co..o* <uest#o*s Can I copyright an idea? 5o" #opyright may protect a wor!* drawing or plan that outlines the idea* )ut copyright cannot prevent the idea itself from )eing used elsewhere" +ependent on what the idea is* i"e" an invention* it may )e possi)le to apply for a patent" Are names protected by copyright? 5o" There is no copyright in a name* title* slogan or phrase" These may however )e eligi)le for registration as a trade mar!" 4or more information contact the ,atent <ffice" What about work published on the Internet? (t ma!es no difference how the wor! is stored or pu)lished* copyright law still applies" What about music which is made up of sample and loops of other songs? Although the wor! for the main part may )e original* and copyright apply will apply to the specific arrangement* the parts which were copied from another trac! would retain the original copyright" Gou should see! permission from the author of the samples )efore you consider pu)lishing or )roadcasting such a wor!" What about computer programs and material stored in computers? Under the #opyright +esigns And ,atents Act* computer programs are now protected as literary wor!s" +ata)ases may receive copyright protection for the selection and arrangement of the contents" Also data)ase right may e.ist in the data itself" This is an automatic right and protects data)ases against the unauthorised e.traction and re?utilisation of the contents of the data)ase" +ata)ase right lasts for 1= years from the ma!ing )ut* if pu)lished during this time* then the term is 1= years from pu)lication" What constitutes a copyright work? Any literary* dramatic* design* musical or artistic wor!" %o long as the wor!* He.hi)its a degree of s!ill* la)our or 3udgementH" Can Copyrights be inherited? Ges" The person who inherits the wor! will )ecome the new copyright owner" Does format or quality of the work matter? #opyright e.ist in wor!s regardless of format* i"e" electronic images or photographs* computer files or paper documents* and regardless of the 6uality of the wor!" What happens when a copyright expires? The wor! will fall into the pu)lic domain* ma!ing it availa)le to all" This is why so many companies can pu)lish wor!s )y @illiam %ha!espeare* classical composers etc" Where can a copyright licence or permission for use be obtained from? The #opyright Licensing Agency licenses users to copy e.tracts from )oo!s* 3ournals and periodicals" They collects fees from licensed users and pay authors and pu)lishers their shares of the copying fees" 4or other wor!s you should contact the pu)lisher of the wor!* as they will certainly !now how to o)tain permission or a licence to use the wor!" Is a licence needed for the public performance of music? Ges* to o)tain a performance licence contact ,/% for 1usic" How does copyright apply in works which contains extracts quotes etc!? Any e.tracts or 6uotes would retain the original authors copyright* and permission should )e sought )efore using them" How does copyright differ from a patent? A patent protects the concept* idea or invention itself whereas copyright would protect the written description of the idea" A )reach of copyright would occur if the written description was copied* whilst a patent would protect the idea )eing put into use" 4or more information on patents* contact the ,atent <ffice"

iii" #riticism and news reporting" iv" (ncidental inclusion" v" #opies and lending )y li)rarians" vi" Acts for the purposes of /oyal #ommissions* statutory en6uiries* 3udicial proceedings and parliamentary purposes" vii" /ecording of )roadcasts for the purposes of listening to* or viewing* at a more convenient time" This is !nown as Atime shiftingB" viii" ,roducing a )ac! up copy for personal use of a computer program" i." ,laying sound recording for a non profit ma!ing organisation* clu) or society" 9,rofit ma!ing organisations and individuals should o)tain a license from ,/% for 1usic": :. Use+u$ add"esses The ,atent <ffice #oncept 8ouse #ardiff /oad 5ewport %outh @ales 5,10 -CC Tel: 0-D=' =00 =0= @e) site: http:00www"ipo"gov"u!0 ,/% for 1usic 2'?33 Eerners %treet London @1, DAA Tel" 020&= -0= =DD http:00www"prsformusic"com #opyright Licensing Agency %affron 8ouse 6?10 ir)y %treet London F#15 -T% Tel" 020 &D00 3100 www"cla"co"u!

This fact sheet is #opyright > U #opyright %ervice 0#opyright @itness Ltd and protected under U and international law" This fact sheet should )e considered only as an introduction to the ideas of copyright" (t should not )e treated as a definitive guide* nor should it )e considered to cover every area of concern* or )e regarded as legal advice"
This fact sheet may )e reproduced for the purpose of instruction* reference or e.amination under the following conditions: Gou may not use this wor! for any commercial purposes* nor may it )e used as supporting content for any commercial product or service" Gou may not alter* transform* or )uild upon this wor!" All copies of this wor! must clearly display the original copyright notice and we)site address" Any on?line reproduction must also provide a lin! to the U #% we)site www"copyrightservice"co"u!"

#opyright > 2000?200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-03 Issued: u'ust %000 Last Amended: 20th 5ovem)er 200'

Us#*' Co!&"#'ht Not#ces

This fact sheet e.plains copyright notices and how to use them to )est effect in protecting your wor!" 6. 4hat does a co!&"#'ht *ot#ce co*s#st o+= #. Co!&"#'ht %ome countries will not accept the copyright sym)ol* they also re6uire the word #opyright to appear in order to consider the notice valid" Using the word ensures that there can )e no confusion"

Co!&"#'ht *ot#ces
1. 4hat #s a co!&"#'ht *ot#ce= A copyright notice is a piece of te.t which accompanies a wor! and e.presses the rights and wishes of the copyright owner9s:" %. -o I *eed a co!&"#'ht *ot#ce= There is no legal re6uirement to include a copyright notice" @hether a notice is used or not will not change the fact that copyright e.ists in the wor!" (t is however strongly recommended that you include one on your wor! if all all possi)le to deter copyright infringement" The aim of copyright notice is to: i" ii" Announce that copyright e.ists in the wor!" ,rovide a means of identifying the copyright owner"

##. > The normally recognised copyright sym)ol" 1ost countries across the world accept this as the correct manner of displaying copyright" ###. Yea" o+ !u1$#cat#o* (n case of a dispute of ownership of a wor!* the date plays an important part" (f your wor! was developed and pu)lished )efore any potential opponents then you can usually e.pect to win any case which challenges your rights" (n the case of wor! which is continually updated* 9for e.ample a we) site:* the year of pu)lication may )e shown as a period from first pu)lication until the most recent update* 9i"e" 2000?200-:" (n the case of unpu)lished wor!* it is common practice to state the year of creation" #0. Co!&"#'ht o)*e"?s *a.e This may only )e one person* or it may )e a collective* a )and* group or team for e.ample: (f there is one person who owns the rights to a wor!* then his0her name will appear on its own" (f however* your wor! is owned )y several people then you may choose to include the name of each mem)er of the collective* or include the name of the collective itself" This would give your copyright notice the following appearance: Copyright 2008 Bobby Smith. 8. Us#*' a !seudo*&. Although it may not )e technically correct 9it does not state the name of the legal entity that is the copyright owner:* it is very common for an identifia)le pseudonym or trading name to )e used in the copyright notice to afford the copyright owner some degree of anonymity through o)fuscation"

iii" +eter infringement or plagiarism" 3. 4he"e shou$d the *ot#ce 1e !$aced= The rule to adopt is to ensure that anyone with access to your wor! is aware of the copyright" (f your wor! can )e )ro!en up into several pieces* then the notice should appear on each part" (f it would normally )e viewed as a whole then one will suffice" #. 4"#tte* )o", 4or )oo!s* manuscripts and other written documents* you should only need one notice* typically this is on the first page or inside the front cover" ##. (ea+$ets7 co..e"c#a$ docu.e*ts7 etc. Fach item should contain a notice" ###. 4e1 s#tes @e) pages should have one on every page" #0. /us#c (n the music industry* one is placed on the #+* cassette or L, itself* and one is included on the accompanying sleeve or )oo!let" 0. Photo'"a!hs a*d des#'*s ,lace a notice at the )ottom or on the reverse of the wor!" 0#. F#$.s ,lace one notice on the +I+ or video cassette* and one on any accompanying sleeve or )oo!let" (t is normal to also place a notice at the start of the film itself )efore any protected material may )e displayed" (nclude ac!nowledgements for the copyright of any images* e.cerpts etc" that you have used which are not your own" Fnsure that you o)tain permission )efore you use anyone elseJs wor!" 5. Co!&"#'ht #* sou*d "eco"d#*'s %ound recordings have a copyright separate from the underlying musical composition* and a sound recordings should carry a phonographic copyright notice 9denoted )y the , in a circle: for the recording itself" The standard > notice should also )e used* )ut in the case of sound recordings this is used to protect the cover design* lyric sheets or other printed material included with the sound recording" (n our e.ample* this would give the appearance of the notice as: Copyright 2008 Bobby Smith, 2008 Bobby Smith. Tip: <n most computers the sym)ol can )e found within the @e)dings font"

Gou may also wish to increase your notice in order to clarify any further wishes you have as the copyright owner* this is dealt with in the following sections"

#opyright > 2000?200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-03 E@te*d#*' &ou" co!&"#'ht *ot#ce 9. 4h& e@te*d &ou" *ot#ce= This may )e useful if there are certain conditions you wish to attach to the wor!* for e.ample licensing re6uirements" (n some circumstances it may )e )eneficial to allow some activities that would normally )e prohi)ited" Gou may include instructions a)out what conditions must )e met* or how to apply for a licence to carry out these actions" (n other cases you may wish to simply ma!e it clear that you are withholding all rights* and often the notice is simply e.tended purely to emphasise the author7s strong stance on copyright protection" To e.tend your notice* you should simply include a statement that e.plicitly sets out these terms* the statement should appear as a sentence after the copyright notice"
:. 4o"d#*' &ou" state.e*t There are several items to thin! a)out when wording your statement" +ecide in relation to your wor!* what you wish to permit" Ee specific in your wording* ma!e it clear what you will allow and what is prohi)ited" ,ro)a)ly the )est starting place is to thin! from the point of view of withholding all rights and then carefully word any allowances as e.ceptions* ma!ing sure it is clear that these are the only allowances you will ma!e" 8ere are some areas to consider: #. Co!&#*'7 du!$#cat#o*7 "e!"oduct#o* The right to produce a copy of the wor! +o you wish certain groups to )e a)le to copy your wor!K if so what terms would you attachK ##. Se$$#*'7 h#"#*' 5ormally this would )e e.pressly for)idden without the copyright holders consent" ###. -#st"#1ut#o* Gou may for e.ample have written a shareware program which you will allow to )e duplicated and distri)uted freely so long as you are identified as the author" #0. Co..e"c#a$7 !e"so*a$ o" educat#o*a$ usa'e @ill you allow your wor! to )e used differently )y certain groups or individualsK Fducational or private study use is generally permitted under law in any case* )ut you may want to allow copying for private use )ut not for commercial gain" 0. (#ce*ses 4or software* commercial and educational documents in particular* the copyright notice may carry information a)out o)taining a licence to reproduce the wor! Ey not o)taining a licence* use of the wor! may )e considered in )reach of copyright" ;. R#'ht to 1e #de*t#+#ed as the autho" (f for e.ample* the wor! is distri)uted without your control* you will wish to ensure that you are still identified as the author0copyright owner" 5ote: #opyright is not normally infringed )y acts done in the course of private research or study* criticism or news reporting" 10. E@a.!$es o+ state.e*ts All rights reserved. A simple cover all statement" This is the most commonly used copyright notice* that simply emphasises the fact that you withhold all rights to the wor!* as applica)le under law" Any unauthorised broadcasting, public per ormance, copying or re! recording "ill constitute an in ringement o copyright. Another cover all statement* this one is designed for use on sound recordings* )ut can easily )e adapted to apply to other types of wor!" The wording ma!es it clear that the copyright on the wor! is ta!en very seriously" #ermission granted to reproduce or personal and educational use only. Commercial copying, hiring, lending is prohibited. 4or )usinesses and organisations this !ind of notice can )e of mutual )enefit as allowing reproduction may help to promote their message" $ay be used ree o charge. Selling "ithout prior "ritten consent prohibited. %btain permission be ore redistributing. &n all cases the copyright notice must remain intact. This is the type of notice often used for software distri)uted as HfreewareH or HsharewareH* )y specifying that the copyright notice remains intact you ensure that all copies will identify you as the author" /emem)er* copyright notices are straightforward statements* there is no need to get tied up with legal 3argon* the point is to state your wishes clearly and succinctly"

dd#t#o*a$ dete""e*t a'a#*st #*+"#*'e.e*t 11. Not#ce o+ "e'#st"at#o* @or!s that have )een registered with U #opyright %ervice may also include a statement to that effect" This is an additional deterrent which notifies others that there is very strong evidence with which to pursue a case if the wor! is infringed" The notice would normally appear ne.t to or )elow the copyright notice and state" LThis wor! is registered with U #opyright %erviceJ" The statement may also include the registration num)er"

This fact sheet may )e reproduced for the purpose of instruction* reference or e.amination under the following conditions: Gou may not use this wor! for any commercial purposes* nor may it )e used as supporting content for any commercial product or service" Gou may not alter* transform* or )uild upon this wor!" All copies of this wor! must clearly display the original copyright notice and we)site address" Any on?line reproduction must also provide a lin! to the U #% we)site"

This fact sheet is #opyright > U #opyright %ervice 0#opyright @itness Ltd and protected under U and international law" (t should )e considered only as an introduction to the ideas of copyright" (t should not )e treated as a definitive guide* nor should it )e considered to cover every area of concern* or )e regarded as legal advice"

#opyright > 2000?200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-06 Issued: /a"ch %003 Last Amended: 1&th 4e)ruary 2012

Co!&"#'ht I*+"#*'e.e*t
This fact sheet outlines the suggested procedure to follow in the event that your wor! is infringed" 1. 4ho ca* ta,e $e'a$ act#o* Under the terms of copyright law only the copyright owner of a wor! 9or his e.clusive licensee: can )ring legal action against the infringer" %. Has a* #*+"#*'e.e*t actua$$& occu""ed Ee clear in your mind that an infringement has actually occurred and that this is not simply a case of incidental inclusion or coincidence" The wor! should )e su)stantially similar in design* structure or content to the degree that it can )e said that the wor! was copied or adapted from your original" (f in dou)t* it is a good idea to show )oth wor!s to a friend or colleague for a second opinion" 3. Gathe" &ou" e0#de*ce The success or failure of your case will rely on the 6uality of the evidence* so ta!e time to gather your facts carefully" Gour evidence should include: i. A copy o the in ringing "or'. @herever possi)le* o)tain a copy of the infringing wor!* this will prove valua)le if the other party later changes the content in an attempt to deny your claim" A copy o your "or'. Using the copy of your wor!* note specific e.amples of where the two wor!s match" ,articularly good evidence is if you can find duplication of uni6ue aspects of your wor!* for e.ample* if an error in your original has )een duplicated in the copy" 5. Co*tact the co!&"#'ht #*+"#*'e" The first step is to ma!e the infringer aware of your o)3ection and put forward a reasona)le settlement and time scale to reach the settlement" (n your letter you should include: i" ii" The name of the wor!9s: you are o)3ecting to" The reason why this is an infringement* i"e" an unauthorised copy* adaptation etc"

iii" %tate that you )elieve this act constitutes and infringement of copyright" That your wor! is protected under copyright law and that this infringement constitutes a )reach of your legal rights" iv" %tate that the infringement must stop" v" %tate what action is re6uired to resolve the dispute* usually you would re6uest the withdrawal of all copies of the wor!* 9and any other encroaching materials:" vi" %pecify a deadline for your conditions to )e met$ i"e" 1D days" vii" %tate that you are see!ing legal advice and that the case will )e pursued if they do not comply with your re6uest within the time period" (t is normal to simply re6uest the withdrawal of all infringing wor! as the first course of action* if however you )elieve that you are entitled to financial remuneration* such as damages or royalties* then contact a solicitor or lawyer immediately" 6. I.!o"ta*t !o#*ts to *ote i" (f the infringing material is )eing pu)lished on?line* also contact the service provider hosting the site* or providing the networ! access for the site* and let them !now of the infringement" (n many countries the (nternet %ervice ,rovider may )e lia)le if they !nowingly allow infringement on their networ!s to continue* so they will often act swiftly to remove the offending content of the site owner does not" @herever possi)le* !eep a dated copy of the infringing material* 9and ideally also send this to your solicitor:" This will ensure that you always have evidence of the infringement in case of future pro)lems" eep a copy of all correspondence you send or receive"

ii.

iii. (ate o registration and a copy o the registered version o your "or' )"here applicable*. 4or wor! registered with U #opyright %ervice the registration date 9which is found on the registration certificate: represents the date from which you can prove that the wor! was in e.istence" (f the wor! has evolved since registration* it is a good idea to also have a copy of the registered version* and match the infringing wor! against this" iv. %ther dated documents. Any letters or other documents referring to the wor! )efore the date of infringement" v. (evelopmental "or'. a" /ough drafts" )" ,revious versions" c" %ynopsis* etc" These represent what is called evolution of ideas and are good as evidence to demonstrate that you developed the wor! rather than stealing it"

ii"

iii"

iv" +o not sign any contracts or agreements unless you are certain what they involve and that it is in your interest to do so" v" (f you are in any dou)t* or do not receive satisfaction* spea! to a solicitor or lawyer" vi" (f you are a trading company* and the infringement is )y a competitor with a similar name* though not directly a copyright claim* if you can esta)lish that you were there first* then the infringer may also )e guilty of trading off your name or reputation" vii" Always remain calm and courteous in your correspondence* do not allow yourself to get drawn into heated argument or de)ate" A professional and fair attitude will )e a credit to you in the long run"

#opyright > 2003?2012 U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-06
8. Co*tact a so$#c#to" (f you have not settled the dispute within the deadline* or if you )elieve that you are entitled to damages and0or royalties* then you should present your evidence to your solicitor or lawyer" (f you do not have a solicitor* contact your local #iti2ens Advice Eureau* or Eusiness Advice #entre who will )e a)le to put you in touch with a recommended solicitor in your area" 1any solicitors will offer a free half hour consultation for new clients* and it is well worth ta!ing advantage of this to have the merit of your case professionally assessed" 9. I+ &ou "ece#0e +u"the" co""es!o*de*ce 5ow that your case is in the hands of a solicitor it is )est to stic! to this course and refer all correspondence through your solicitor" This also has the )enefit of demonstrating that you are not li!ely to )ac! down* and you will have a good chance of )eing ta!en seriously" :. Fu"the" act#o* As each case must )e handled on itJs individual merits* this is where this fact sheet end and leaves you in the hands of solicitor" ;. 2e*e+#t o+ a UKCS "e'#st"at#o* (f your wor! is registered with the U #%* the independent evidence your registration provides gives you the )est possi)le chance of proving your case" Fffectively forcing the other party to provide similar evidence which pre?dates your registration if they are to have any chance of defending their position" The irony is that )y having such strong evidence you are often unli!ely to need it in a formal legal proceeding" @hen the other party realises strength of your case they will normally wish to come to an amica)le agreement" Gou can of course call on U #% for duplicate certificates and to provide a copy of the registered wor! if re6uired* )ut your solicitor will )e the )est informed person to advise you on how to pursue the case from this point"

This fact sheet may )e reproduced for the purpose of instruction* reference or e.amination under the following conditions: Gou may not use this wor! for any commercial purposes* nor may it )e used as supporting content for any commercial product or service" Gou may not alter* transform* or )uild upon this wor!" All copies of this wor! must clearly display the original copyright notice and we)site address" Any on?line reproduction must also provide a lin! to the U #% we)site"

This fact sheet is #opyright > U #opyright %ervice 0#opyright @itness Ltd and protected under U and international law" (t should )e considered only as an introduction to the ideas of copyright" (t should not )e treated as a definitive guide* nor should it )e considered to cover every area of concern* or )e regarded as legal advice"

#opyright > 2003?200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-%9 Issued: No0e.1e" %00; Last Amended: 30th 5ovem)er 200'

Us#*' the )o", o+ othe"s

1. Sco!e This factsheet deals with the rules applied under U law namely the #opyright* +esigns and ,atents Act" Although the principals of copyright protection are largely consistent across the world specific details may vary outside the U due to national legislation" %. R#'hts o+ the co!&"#'ht o)*e" #opyright is an automatic international right that gives the creators of literary* dramatic* musical and artistic wor!s the right to control the ways in which their material may )e used" The rights cover: Eroadcast and pu)lic performance* copying* adapting* issuing* renting and lending copies to the pu)lic" (n many cases* the creator will also have the right to )e identified as the author and to o)3ect to derogatory treatment and distortions of his wor!" 4or an introduction to copyright and the rights of copyright owners* please see U #opyright %ervice factsheet ,?01 7U #opyright Law7" 3. Res!ect#*' the "#'hts o+ othe"s (llegal or unauthorised use of copyright material may lead to legal action or in some cases even criminal charges" (t is your responsi)ility to ensure that you respect the rights of others and only use their wor! when it is correct to do so" 5. Us#*' the )o", o+ othe"s Gou may use the wor! of others if: #opyright has e.pired" Gour use of the wor! is fair dealing as defined under the 1'-#opyright +esigns and ,atents Act 9U :" Gour use of the wor! is covered under a licensing scheme that you have su)scri)ed to and the copyright holder is a mem)er of" The copyright holder has given you permission" 6. (#ce*s#*' sche.es There are a num)er of agencies that operate licensing schemes and collect royalties on )ehalf of copyright owners* the most nota)le are: Co!&"#'ht (#ce*s#*' 'e*c& AC( B The #opyright Licensing Agency provides licenses for organisations* such as schools and li)raries* to copy e.tracts from print and digital pu)lications" There are several different licences 9photocopying* scanning* electronic reproduction* etc":" %tate schools may )e a)le to o)tain #LA licences via their local education authority if the authority is a #LA agent"
+ebsite, http,--""".cla.co.u'-

8. 4hat #s +a#" dea$#*'= 4air dealing is a term used to descri)e some limited activities that are allowed without infringing copyright" Eriefly these are as follows: Resea"ch a*d !"#0ate stud& #opying parts of a literary* dramatic* musical or artistic wor! or of a typographical arrangement of a pu)lished edition for the purpose of research or private study is allowed under the following conditions: The copy is made for the purposes of research or private study" The copy is made for non?commercial purposes" The source of the material is ac!nowledged" The person ma!ing the copy does not ma!e copies of the material availa)le for a num)er of people" I*st"uct#o* o" e@a.#*at#o* #opying parts of a literary* dramatic* musical or artistic wor! or a sound recording* film or )roadcast for the purpose of instruction or e.amination is allowed under the following conditions: The copying is done )y the student or the person giving instruction" The copying is not done via a reprographic process" The source of the material is ac!nowledged" The instruction is for a non?commercial purpose" C"#t#c#s. o" "e0#e) Cuoting parts of a wor! for the purpose of criticism or review is permitted provided that: The wor! has )een made availa)le to the pu)lic" The source of the material is ac!nowledged" The material 6uoted must )e accompanied )y some actual discussion or assessment 9to warrant the criticism or review classification:" The amount of the material 6uoted is no more than is necessary for the purpose of the review" Ne)s "e!o"t#*' Using material for the purpose of reporting current events is permitted provided that: The wor! is not a photograph" The source of the material is ac!nowledged" The amount of the material 6uoted is no more than is necessary for the purpose" I*c#de*ta$ #*c$us#o* (ncidental inclusion is where part of one wor! is unintentionally included in another" The incidental inclusion of a wor! in an artistic wor!* sound recording* film or )roadcast is not an infringement" A typical e.ample of this would )e a case where a news )roadcast inadvertently captured part of a copyright wor!* such as some )ac!ground music* or a poster that 3ust happened to on a wall in the )ac!ground" ccess#1#$#t& +o" so.eo*e )#th a 0#sua$ #.!a#".e*t (t is considered fair dealing to ma!e an accessi)le copy of a wor! for someone with an visual impairment if a suita)le accessi)le version is not already availa)le"

Educat#o*a$ Reco"d#*' 'e*c& AER B The Fducational /ecording Agency operates a licensing scheme ena)ling educational use of copyright protected material from radio and television programmes"
+ebsite, http,--""".era.org.u'-

The -es#'* a*d "t#sts Co!&"#'ht Soc#et& A- CSB The +esign and Artists #opyright %ociety operates a licensing scheme and on )ehalf of artists and visual creators"
+ebsite http,--""".dacs.org.u'-

4or further details on U fair dealing rules please refer to the #opyright +esigns and ,atents Act$ %ection 2- onwards covers this area in full" Those outside the U should consult the fair dealing 0 fair use sections of their own national legislation"

#opyright > 200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!

UK COPYRIGHT SERVICE
Factsheet No. P-%9
9. 4he* does co!&"#'ht e@!#"e= The 1'-- #opyright* +esigns and ,atents Act states the duration of copyright as: #. Fo" $#te"a"&7 d"a.at#c7 .us#ca$ o" a"t#st#c )o",s &0 years from the end of the calendar year in which the last remaining author of the wor! dies" (f the author is un!nown* copyright will last for &0 years from end of the calendar year in which the wor! was created* although if it is made availa)le to the pu)lic during that time* 9)y pu)lication* )roadcast* etc":* copyright lasts for &0 years from the end of the year that the wor! was first made availa)le" ##. Sou*d Reco"d#*'s a*d 1"oadcasts =0 years from the end of the calendar year in which the wor! was created* or* if the wor! is released within that time* =0 years from the end of the calendar year in which the wor! was first released" ###. F#$.s &0 years from the end of the calendar year in which the last principal director* author or composer dies" (f the wor! is of un!nown authorship: &0 years from end of the calendar year of creation* or if made availa)le to the pu)lic in that time* &0 years from the end of the year the film was first made availa)le #0. T&!o'"a!h#ca$ a""a*'e.e*t o+ !u1$#shed ed#t#o*s 2= years from the end of the calendar year in which the wor! was first pu)lished" 0. 2"oadcasts a*d ca1$e !"o'"a..es =0 years from the end of the calendar year in which the )roadcast was made" 0#. C"o)* Co!&"#'ht #rown copyright will e.ist in wor!s made )y an officer of the #rown* this includes items such as legislation and documents and reports produced )y government )odies" #rown copyright will last for a period of 12= years from the end of the calendar year in which the wor! was made" (f the wor! was commercially pu)lished within &= years of the end of the calendar year in which it was made* #rown copyright will last for =0 years from the end of the calendar year in which it was pu)lished" 0##. Pa"$#a.e*ta"& Co!&"#'ht ,arliamentary copyright applies to wor! made )y or under the direction or control of the 8ouse of #ommons or the 8ouse of Lords and will last until =0 years from the end of the calendar year in which the wor! was made" :. O1ta#*#*' Pe".#ss#o* (f you are not sure if your use is fair dealing or covered under a licensing scheme always chec! with the pu)lisher0copyright owner and o)tain permission if needed" @hen o)taining permission to use a copyright wor! it is normally )est to contact the pu)lisher" (n some cases the pu)lisher may )e a)le to act on the copyright owners )ehalf* alternatively they may direct you to the appropriate licensing organisation or pass your re6uest on to the copyright owner directly" (n the case of material pu)lished on the (nternet the )est place to start is normally )y contacting the we) site owner" @hen see!ing permission* you should put your re6uest in writing and specify: The material you wish use 9include the title of pu)lication* author name etc": The e.act content to )e duplicated 9i"e" page num)ers* section names* etc": The num)er of copies you wish to ma!e" 8ow the copies will )e used 9i"e" for an event* course wor!* etc":" @ho the copies will )e distri)uted to 9i"e" students * parents* general pu)lic:" Gou should allow ade6uate time for the copyright owner to provide permission" Also )ear in mind that the copyright owner is not re6uired to give permission and may refuse or simply not respond to your re6uest" 4or your own reference and security* permission should )e o)tained in writing and you should !eep a record of any correspondence giving permission or stipulating conditions of use" ;. F"e<ue*t <uest#o*s Copyright and the Internet 1aterial that can )e found on the (nternet will of course also )e su)3ect to copyright" There are a num)er of licensing schemes that are popular with online pu)lication and allow some free 9normally non?commercial: use* the most nota)le )eing M,L and #reative #ommons" (f you are ma!ing0distri)uting copies of wor! that you find on the (nternet you should chec! that the licence for the wor! 9or instructions on the site: allow this and that the site you o)tained the wor! from is itself acting legally" (f there is no such licence* do not use the wor! until you have the permission of the copyright owner" What if the copyright owner does not answer my request for permission or I cannot locate the copyright owner? (f this is the case you have not o)tained permission and should not use the wor!" How much of a work can I use under fair"dealing? There is no simple formula or percentage that can )e applied" Gou may have seen figures li!e 7up to 10N7 or 7no more than D00 words7 6uoted in some pu)lications* )ut such figures are at )est a rough guide and can )e misleading" @hat is accepta)le will vary from one wor! to another" (n cases that have come to trial what is clear is that it is the perceived importance of the copied content rather than simply the 6uantity that counts" ;udges hearing such cases often have to ma!e an o)3ective decision on whether the use is 3ustified or e.cessive" Who is the copyright owner of student created work? As a student is not an employee of the school0college0university0 9etc": )y default the copyright in any wor! the student produces will )elong to the student" 5aturally this will change if the student enters into an agreement to the contrary" 4or e.ample if the wor! has )een sponsored )y a commercial organisation or as part of a wor! e.perience program there may )e a contractual agreement that covers intellectual property created as part of that pro3ect"

This fact sheet is #opyright > U #opyright %ervice 0#opyright @itness Ltd and protected under U and international law" This fact sheet should )e considered only as an introduction to the ideas of copyright" (t should not )e treated as a definitive guide* nor should it )e considered to cover every area of concern* or )e regarded as legal advice"
This fact sheet may )e reproduced for the purpose of instruction* reference or e.amination under the following conditions: Gou may not use this wor! for any commercial purposes* nor may it )e used as supporting content for any commercial product or service" Gou may not alter* transform* or )uild upon this wor!" All copies of this wor! must clearly display the original copyright notice and we)site address" Any on?line reproduction must also provide a lin! to the U #% we)site www"copyrightservice"co"u!"

#opyright > 200' U #opyright %ervice 0#opyright @itness Ltd"

@e) site: www"copyrightservice"co"u!