Once upon a time, copyright held a Cinderella-like place in the field of IP - relating mainly to the music, film and publishing industries. Today, though, in this electronic age, copyright has soared in importance in most national and international businesses. Internet growth and IT convergence (i.e. with communications, entertainment, publishing, etc) have turned content and its protection into areas of major importance for our commercial clients.

A common misunderstanding relates to the way in which copyright is created. Under copyright law, there is no copyright in an idea, but rather in the expression of that idea. Of course, we can help you to protect that expression.

Copyright gives the owner the right to prevent others from copying ‘literary’ and ‘artistic’ works. A literary work in this context includes any work (including music or dramatic works) that is written, spoken or sung. It includes factual documents like data sheets, instruction manuals, reports and computer programmes (plus, to a certain degree, computer programme structure). An ‘artistic’ work is a sculpture, a photo, a graphic work and a collage; ‘artistic merit’ is irrelevant – so this category generally includes plans, engineering drawings, plus architecture (buildings and building models) and computer graphics (including the lay-out of screens).

Obviously, authors, musicians and artists will own copyright from which royalties can be obtained. But many other work areas can include an element of copyright. For example, copyright can form part of the efforts of software providers and other designers, if set down in a tangible form. Perhaps you have prepared an Office Manual – if so, that too would involve copyright. Wherever it arises, you should consider protecting and valuing your copyright. In any contract that we prepare or review for you, we will include appropriate royalty provisions.

However, we go far beyond giving advice on the ‘mere legalities’ of the matter – having decades of practical, first-hand experience of such negotiation, in over 80 countries. You can receive the benefit of our detailed knowledge of industry sectors (especially the music area) and we understand how technology is involved today in the provision of the content to the consumer. So we can help you in the areas of: music, visual works, computer software issues, literary (print) works, performance rights, designs and rights relating to databases.

Unregistered Design Rights
Your copyright will have the benefit of the rule that protects it for 70 years after the death of the author.

However, certain works are considered unworthy of such long protection. Instead, such works can receive protection not under copyright, but as unregistered design rights. These include certain documents for designs for business or industrial use.

For more information about this please contact David Main at dm@wdavies.com or Graham Mott on gm@wdavies.com