Copyright law in the UK can be overwhelming. Sometimes, simple misunderstandings can result in copyright infringements, leading to costly legal action. The last thing a business needs is to have to deal with more costs and added stress.
But what is the UK copyright law? How can businesses avoid copyright infringements?
Well, this article will provide you with the information to help your company to operate within the laws and understand what is and what isn’t permitted.
What Is UK Copyright Infringement?
Copyright infringement usually is when someone uses someone else’s original, creative work without permission. This can also include using someone else’s copyrighted work. There are lots of different types of activities that can be carried out. Some examples of copyright infringement include:
- Putting a video on your businesses website that uses copyrighted words or songs.
- Publishing a newsletter with copyright images.
- Using corporate logos without permission.
- Downloading music or movies without paying.
- Modifying images then putting them on your businesses website.
- Using copyright music or lyrics on your businesses website.
- Illegally recording a movie in a cinema.
How Does Copyright Protect My Work?
In the UK and most other countries, copyright is an automatic right that doesn’t need to be applied for. This allows your work to be protected and stops others from using it without your permission. Copyright prevents others from:
- Copying your works.
- Distributing copies of your works.
- Playing or performing your works in public.
- Making an adaptation of your works.
- Putting your works on the internet.
What Is Automatically Copyrighted?
You don’t need to apply or pay any fees to get copyright protection in the UK, it is done automatically. There is no register of copyright works and you can apply a copyright symbol to your work, as well as your name and the year it was created.
However, you don’t need to apply this, as even if you leave it, the level of protection will be the same. Some examples of creations when copyright protection is applied automatically are:
- Broadcasts.
- Television and film recordings.
- Music and sound recordings.
- Original literary, musical and artistic work.
- Original non-literary work.
How Can I Avoid Copyright Infringements?
Even if it is by accident, using someone’s creative work without permission can land your business huge fines and possibly imprisonment. By ensuring your business uses good working practices, you can reduce the risk of breaking copyright law. Below, we give our 6 tips for avoiding copyright infringement.
Never share, copy or alter work without asking for permission first. | Firstly, you should seek permission for the creative work before using it. You can discuss any fees and agreements with the creator. |
Research copyright free materials. | There are plenty of websites online that offer copyright and royalty free materials such as music, videos and images. Always check the terms of the website before usage. |
Speak with your lawyer or legal team. | Being such a complex and risky area, failing to understand can leave you in serious financial and legal trouble. Seeking legal advice can make sure your business stays within the law. |
Check licensing agreements. | If your business obtains materials through stock agencies, there may be licence agreements in place. You should ensure you are careful and review the terms, as well as keeping records from purchases. |
Assume the work is copyrighted, always. | Be strict and always think that the work is copyrighted. Just because their work is free and easy to download, doesn’t always mean that it is free and copyright free. |
Use reputable sources. | You should use reputable sources when buying materials that have proper licenses. Make sure that whatever you buy fits the usage that you have planned, otherwise you may get caught out. |
How Do I Check If Something Is Copyrighted?
So, you have some creative material, but are unsure whether or not it is protected by copyright?
This is a common problem amongst businesses and it can be easy to not know if something is covered. Even if you unknowingly use copyrighted material, you can still infringe on laws.
But how do you check if the material is copyrighted? Well, as the UK doesn’t have a copyright registration system, it can be difficult. The best place to start is by sourcing material from the original creator or using reputable sources to buy materials.
The responsibility is placed on the owner of the copyrighted works to enforce their rights, however, that doesn’t give you permission to use their work and take the risk of not getting caught.
There are tools online that can help copyright holders to search if their work is being used. Google Image Search for example is a tool used that can help creators to view unauthorised usage, then issue invoices or even go a step further with legal proceedings.
How Long Does Copyright Last In The UK?
In the UK, as soon as a work is created, copyright protection starts. After the copyright expires, others can then copy or use your work. But how long does it last? Well, it depends on the type of work which you can find in this table from the UK government below.
Type of work | How long copyright usually lasts |
Written, dramatic, musical and artistic work | 70 years after the author’s death |
Sound and music recording | 70 years from when it’s first published |
Films | 70 years after the death of the director, screenplay author and composer |
Broadcasts | 50 years from when it’s first broadcast |
The layout of published editions of written, dramatic or musical works | 25 years from when it’s first published |
What Exactly Happens If I Break UK Copyright Law?
If a business or individual infringes copyright law, there may be legal action to face.
Usually, it will be treated as a civil offence, however, it may lead to a criminal offence in certain circumstances. Depending on how severe it is, fines may be given, or even further actions such as imprisonment can happen.
So, what happens if you are found guilty? In a magistrate’s court, businesses can be fined up to £50,000 with jail terms of up to six months. If it goes further and reaches a Crown Court, then you may see unlimited fines as well as maximum sentences of up to ten years’ imprisonment.
This will all be dependent on the severity of the infringement, for example watching a pirated video online or using an image is less likely to end in imprisonment, however, instances such as wholesale distributing of pirated movies could lead to tougher punishments.
There could also be further costs, such as claims for compensation from the content creator. The original creator might have faced a financial loss due to lost income from the illegal usage. There could be investigations by Copywatch too that ensure copyright compliance.
However, it should be noted that before legal action is reached, compromises can be made with the original creator. They could ask for terms to settle the disagreement, such as a fee to be paid or credit to be issued on the work.
If it cannot be resolved, then going to court is the next option. Seeking legal advice would be recommended to avoid going to court as there are other solutions available. But what can happen if you go to court through copyright infringement? Some examples include:
- Awarding the copyright owner damages.
- Enforce that the guilty party gives up the materials to the copyright owner.
- Granting an injunction that will prevent further use of the material.
What Should I Do If I Get A Copyright Infringement Notice?
It can be extremely tempting to ignore a copyright infringement notice. The letter or notification comes and you think the problem will just go away if you leave it. Maybe you take down the certain material and believe that’s the end of the troubles.
Well, unfortunately, this isn’t always the case. Ignoring a demand will leave the copyright holder spending more money to protect their material and when this happens, the damages will then increase. But what should you do?
Firstly, don’t call the lawyer or the copyright holder or themselves. You’ve likely seen this in many police and cop tv shows, but anything you say can and will be used against you. You may want to call them up and explain your side of the story.
Yes, the client may believe you if you’ve had good intentions and it was an accident, mistakes happen. On the other hand, you should remember that they may use this information against you further down the line.
The meeting may also escalate and in the heat of the moment, you may say something that you didn’t mean, leading you in further trouble. You could even admit your guilt and any faults for the copyright violation. Once this happens, you have given them ammunition to use against use, increasing the likelihood you were liable for damages.
No one wants that, right? So, remember to stay calm and don’t immediately contact them to explain yourself. Call your legal team and let them handle the initial situation.
Pingback: Comment éviter les violations du droit d'auteur - Ninety Nine Problems
Pingback: Jak uniknąć naruszeń praw autorskich - Ninety Nine Problems