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Copyright
What is a copyright?
Copyright protects original works of authorship. These are creations by authors in the literary, scientific and artistic fields in the broadest sense and include musical compositions, paintings, sculptures, photographs, drawings, films, novels, poems, articles and other writings. The author is at the centre of copyright law and he has the exclusive right to determine what should happen with his work or if he wants to transfer this right or parts of it.
In EU countries, copyright protects works until 70 years after the author’s death or 70 years after the death of the last surviving author in the case of a work of joint authorship.
How do I obtain a copyright?
In the EU and UK, copyright is obtained automatically with the creation of the work, as soon as the author fixes the work in a tangible form of expression and if the work meets the requirement of originality. A separate registration or a special marking, for example by a copyright notice, is not required. Furthermore, it is also irrelevant whether the work has been published or whether it is to be published at all. In some countries voluntary registration is possible but has no influence on the existence of the copyright.
Why is copyright important?
Copyright can be an important source of income for a business and is usually the main source of income for artists. It is essential for both to be able to control if and how a work is reproduced or used and exploited commercially. Without copyright protection, it would be easy for others use works without consent of or compensation for the author or the business owning the copyright. If the owner of the copyright would want to grant others the possibility to exploit a work commercially, it can do so by means of licence agreements that can be exclusive or non-exclusive and can be limited in time, territory and type of use.
Can a product be protected by copyright and also by other IP rights?
It is well possible that a product which is protected by a patent, design or utility model also qualifies as a work under copyright. There is nothing that would hinder the accumulation of several IP rights in one product. Designs are frequently also protected under copyright. Some logos that are protected as trade marks might be protected under copyright. It is also well possible that different aspects of the same product are protected by different IP rights, one of which can be copyright.
Is copyright treated identically throughout the EU and the UK?
Copyright law is not fully harmonised at the EU and international level, therefore the national laws of the country in which the author seeks protection apply. It is important to seek advice from your copyright lawyer because the differences in law from one jurisdiction to another can be significant, especially when it comes to ownership and transfer of copyrights.
In some jurisdictions an author can only be a natural person but not a company. In some jurisdictions the copyright can be transferred from the author to a different person or to a company. In other jurisdictions the copyright itself cannot be transferred but the exploitation rights can be.
How can copyright be enforced?
The enforcement of copyrights needs to be obtained by means of legal actions in the countries where the infringement occurred. This usually starts with sending a cease and desist letter prior to resorting to the judicial system. The proceedings, costs and type of injunctions vary from jurisdiction to jurisdiction.