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Intellectual Property: Cultural Enterprise Factsheet

Contents

  1. Introduction
  2. The Basic Points
  3. General Links
  4. Writing Links
  5. Music Links
  6. Performance Links
  7. Visual Arts Links
  8. Film and New Media
  9. Reading List

1. Introduction

Copyright is a complex and constantly evolving field of law. Below is a basic summary of copyright laws; however, if you have a query concerning copyright, it is advisable to consult an organisation dedicated to protecting Intellectual Property (IP) or solicitor who specialises in IP work.

2. The Basic Points

Copyright protection covers a wide range of creative works - literary (including computer software), dramatic, musical and artistic (paintings, drawings, photos, graphics), sound recordings, films, videos, CD ROMs and broadcasts.

The normal term of copyright is the author's life plus 70 years. There are, however, some exceptions, including; sound recordings (50 years from making or release), broadcasts (50 years from first transmission), and published editions (25 years).

In the UK, copyright automatically comes in to being with the creation of a work, provided it fulfils the requirements of being original and tangible (i.e. on paper, a sound recording, an electronic record on the internet, etc). Because the law states that work must be in a tangible form, copyright laws do not protect ideas.

The creator/s of the work is/are the first owners of the copyright in a literary, dramatic, musical or artistic work, unless the work was created during the course of employment. In this case the employer owns the copyright. Being hired as a freelance practitioner does not constitute employment. It is advisable to state who will own the copyright on any work produced in contracts or letters of employment to avoid disputes at a later date.

The copyright in films, sound recordings, broadcasts and published editions belongs to the film or record producer, broadcaster or publisher.

Copyright includes property (economic) and moral rights. The economic rights are the rights of reproduction, adaptation, distribution and publishing. The copyright owner has the exclusive right to authorise the reproduction of a work in any medium by another party. Permission is usually granted in return for a fee.

Moral rights are rights of paternity (the right to be identified as the creator of a work) and integrity (the right to object to derogatory treatment of a work). Moral rights are personal to the artist and cannot be assigned; however, they can be waived.

Copyright disputes often depend on timing, i.e. who can prove they had an earlier version. The simplest and cheapest way of achieving this is to make a copy of the work, for example a photocopy or CD, and send it to yourself in a sealed envelope, preferably by registered post. When the envelope returns to you, do not open it and make sure that the date stamp is clearly visible. Do not send original work in the post.

Alternatively, you could lodge a copy of the work in a sealed package with your bank manager or your lawyer. Some professional associations offer a similar service for their members, for example, BECTU's (www.bectu.org.uk) script registration service.

For further information on moral rights, design rights, patents, trade marks, licensing and publication rights visit;

3. General Links

4. Writing Links

5. Music Links

6. Performance Links

7. Visual Art Links

8. Film and New Media Links

9. Reading List

Below is a list of suggested titles that contain further information on this subject. Each title is linked to an Amazon page, which contains publishing details, customer reviews and will allow you to purchase books online.

© Cultural Enterprise 2006