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Copyright

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Copyright law gives authors the right to not have their work copied or exploited without their permission. Any "original literary, dramatic, musical or artistic works" are protected by copyright, as are sound recordings, films, radio broadcasts and computer software. The legislation governing this in the UK can be found in the Copyright, Designs and Patents Act 1988.

Copyright law has a long history dating from the sixteenth century. The law does not require the application for a licence before a work will benefit from copyright protection: every work is protected, providing it is original. Unlike patents, therefore, it is not necessary to undertake a lengthy and expensive process to protect the integrity of the work.

The general rule is that the author is the first owner. This gives them the right to authorise or prohibit copying1 of the protected material. If the work is created during the course of employment, the employer will be the first owner of these rights. This will not apply if an agreement to state otherwise has been arranged with the author (e.g. in contract of employment).

Copyright protection has a restricted lifespan. For literary works, copyright endures until 70 years from the year the author dies.

Copyright protection allows the owner to gain revenue for their work. Even though copyright protection is automatic on the creation of the material, it is advisable to clearly indicate that copyright exists and take steps to prove the work belongs to the creator with particular attention to the requirements of protecting software copyright. Databases may also be protected by copyright and/or database right.

  • 1 - Copyright protection also includes issuing copies to the public, renting/lending copies and broadcasting the protected information in a literal way.