1 How do I obtain copyright over works I create?
Mark Taylor, Sheffield
In the UK, there is no formal process of copyright registration – copyright exists in a "work" (as defined in the Copyright, Designs and Patents Act 1988) as soon as it is recorded in permanent form. Most original literary, dramatic, musical works, sound recordings, films, broadcasts and artistic works (photographs, sculptures, etc) have copyright protection. Be careful if you create the work whilst an employee – ownership will automatically vest in your employer. It is good practice to mark your works with the "©" symbol, and the date of creation, so that everyone knows you have rights in your work.
2 How long do I have copyright for?
Sara Branston, Honley
Different types of work attract protection for different periods. In most cases, copyright lasts for the life of the creator, plus 70 years from the end of the year in which the creator dies. For films, the right lasts for 70 years from the death of the longest surviving of specified people involved in making the film. Computer generated works, broadcasts, and sound recordings are protected for 50 years. Published editions have 25 years' protection.
3 How do I go about registering a trademark?
Tony Baker, Barnsley
A trademark is a sign, which can be represented graphically, which distinguishes goods or services of a business from those supplied by competitors. A trademark can include shapes, smells, colours or sounds. Rights arise when the sign is used. Registration is a fairly lengthy process, but if completed, then strong protection will be available to the registered trademark owner. The registration process is geographic, so a decision will need to be made on the location of the marketplace. It is also specific to the defined type of goods or services. Registration will only be successful if no-one has a competing prior registration, and the proposed mark is distinctive (rather than descriptive). Given the relative high costs of registration, it is always best to complete a search of the existing trademarks, to minimise the risk of objections. Specialist solicitors and trade mark attorneys can help with the process. In the UK, the Patent Office handles trademark registrations, and they have a helpful website – www.patent.gov.uk. Registered marks are identified by "®". Lesser rights are available for trademarks that are unregistered – identified by "tm".
4 How do I get a licence for use of music and sound recordings?
Dan Robinson, Wath-upon-Dearne
Recordings are protected by copyright, so unless the work is in the public domain, you may need to obtain the owner's permission to use the recording. The owner has the exclusive right to arrange for the work to be copied, issued to or performed in public, adapted, translated etc. Note that different people might own copyright to the various parts of the sound recording – for example, one person may have written the score, another the lyrics, and a third to the particular recording you want to use. Depending on the type of "use" in mind, you might have to approach the owner direct (or the owner's agent) or you might be able to enter into a standard agreement with one of the collection societies. The PRS collects and distributes licence fees for the public performance and broadcast of musical works. The MCPS collects and distributes 'mechanical' royalties generated from the recording of music onto many different formats. This income is distributed to their members - writers and publishers of music. Make sure the proposed licence covers the type of use you require. There are limited exceptions for private study, and copies of insignificant parts of a work, but if you want to rely on an exception it is best to obtain detailed legal advice.
5 How do I register a Domain Name?
Hilary Johnson, Golcar
Most internet service providers are able to register domain names on your behalf. This tends to be cheaper and easier than approaching the domain name registrars direct. If you are using a registration agent, make sure you know whether the domain name will be registered in your own name or not – if a third party's name appears on the registration certificate, then you might have trouble later if you want to change your service provider.
6 Are databases protected by Copyright?
Ruth Carmichael, West Bretton
Yes. A collection of data arranged in a methodical way individually accessible is protected if there has been a substantial investment in obtaining, verifying or presenting the contents of the database. The rights vest in the database creator or 15 years from the end of the month in which the database was completed. An owner can stop third parties from extracting or re-using all or a substantial part of the contents of the database (ore repeated extraction of insubstantial parts).
7 Someone has asked if they can licence a piece of my work for their use, what does this mean?
Stephen Rose, Huddersfield
This means that someone wants permission from you to use your work. If you do not grant permission, then under the copyright rules, they may be in breach of your rights. There is no standard form of licence, so it will be up to you (perhaps with legal advice) to negotiate the best possible deal – but you should consider the type of use required, a definition of the "work", how much money you will receive, and whether the licence lasts for a set period, or for a limited geographic area, etc. Some licenses are "exclusive" which means you cannot grant anyone else the right to use that work.
8 Are there any copyright exceptions relating to photography?
Luke Rafter, York
Each original photograph will be considered an artistic work, and will attract copyright protection. Therefore if a photograph is taken of another photograph, there will be no copyright protection. Photographs taken before 01 Aug 1989 are subject to special rules. If the photograph has never before been made available to the public, the publisher automatically obtains a limited 25 year protection. A photograph of a public work of art or building does not infringe the copyright in that work of art or building. However, if the photograph includes a trademark or famous face, it may be necessary to negotiate a clearance from the trademark owner or celebrity. A person who, for private and domestic purposes, commissions the taking of a photograph has the legal right not to have copies of the work issued to the public; the work exhibited or shown in public; or televised.
Ask the Expert: IPR