In this article, we take a look at copyright, unlike any other intellectual property, as a right that arises automatically, without the need for registration.
But, there are two factors which your work must satisfy. Firstly, it is crucial that the work in question is fixated in some form. This can be achieved in writing or with sound recording.
The latter is key, as the concept of copyright does not protect an idea but instead how that idea has been expressed.
The second element your work must satisfy is the demonstration of skill, labor, and effort, also known as the originality test.
It is important to note that originality may not mean an unusual or imaginative idea, but instead an idea that doesn’t suggest the work has been copied from other sources.
It is also necessary to consider that copyright is a ‘negative right’, allowing you the right of exclusion, as opposed to the right of possession, as outlined in Section 3(2) of the Copyright, Design and Patents Act 1988 (CDPA).
Some typical types of work include literary, dramatic, musical, and artistic works, for which different rules could apply. Watch out for part two for further information, on this very interesting area!
It's so important to understand your copyright and IP (Intelectual Property) in your works so you are fully aware of all the implications going forward with your creative career. As highlighted by legal firm Lawdit in a recent article.
By Pete Moore