The amount of copyright infringement claims being sent and received seems to be growing every year, and understandably so. The internet and social media have made it easy to find content (photos, illustration, music, songs, videos etc.), and in many cases, being unaware of its ownership or if it can be used without permission. There is also a lack of awareness in the general public about using content found online. This has created a perfect environment for copyrighted work being infringed.
Before I get into making or defending a copyright claim, I want to discuss the basis for a copyright claim in the UK. This will help readers understand what the law states, and what rights the copyright holder has.
The Relevant Act – Copyright, Designs and Patents Act 1988 (CDPA 1988)
CDPA 1998 gives copyright holders exclusive rights in the UK. These right allow the owner of the copyrighted work to carry out various acts in relation to the copyright work. According to the Act. these works include:
(a) original literary, dramatic, musical or artistic works,https://www.legislation.gov.uk/ukpga/1988/48/section/1
(b) sound recordings, films [For broadcasts], and
(c) the typographical arrangement of published editions.
CDPA allows copyright holders to
- make copies the work;
- issue these copies of the work to the public;
- to rent or lend the work to the public;
- to perform, show or play the work in public;
- to communicate the work to the public; and
- to make an adaptation of the work or do any of the above in relation to an adaptation.
Does copyright need to be registered?
Copyright is granted automatically upon creation of original creative work. There is no requirement to register the work, and the creator has to prove the work was ‘expressed’ to qualify for a copyright. To express means that an idea is put in writing, is recorded, broadcasted, or created in the form of a drawing or illustration.
More coming soon.