Copyright & IP – Friend or Foe?

17th December 2014
Blog
4 min read
Edited
8th December 2020

I need to be careful what I say and exactly how I say it, but copyright is everywhere. A quick search on the news section on Google (other search engines are available) shows ‘about’ 194,000,000 results - quite some number. Headlines, currently on the first page of the search, range from musicians threatening to sue UK.gov to digital copyright issues affecting car modifications. And small businesses complaining about a lack of transparency from copyright collection societies to the curious case of the Sherlock Holmes copyright saga after the US Supreme Court refused an appeal.

Writing advice

For authors, copyright and intellectual property (IP) can be scary words. But these are words that really matter, no matter how fearful you might be of them, especially with the emergence of digital media and the way information is retrieved.

It may sound very dry, but if you’re a self-published author you need to fully understand all facets of your IP, including copyright. This will not only help protect your creative content but also enhance your chances of boosting revenue streams and readership.

For example, a paperback book is just one product out of the vast universe of IP that you own – hardback another, ebook another, audiobook yet another. And that is even before thinking about translations, new formats, media rights, permissions to quote from your work etc. You can happily keep on selling the book you have had printed while still having an ocean of IP left to license and monetise.

And, if you’re not necessarily the creator of everything in your book and have used additional content then it’s vital to realise the permission process required from copyright owners or licensees of this content, meaning you need to protect yourself in terms of your own content as well as if using other’s. Simple? Yes and no.

Let’s break this down into some frequency asked author questions.

How important is copyright? Massively.

Why? People could pilfer your ideas and profit for your hard work.

What is it?There are many, often long-winded explanations surrounding copyright so let’s keep it as succinct as possible.

The exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

What can you do?  In the UK, copyright is automatically granted to your work once it's written. It is wise to show you're aware of copyright by including © Your Name (Year of Completion) at the beginning of your manuscript but otherwise you don't need to do anything and you don’t have to pay a fee to protect it.

Having said that, in the digital age, copyright infringement is an ever growing problem. It is strongly recommended that you mark your work with a steganographic identifier (a digital watermark). For digital works, you should also embed metadata to help identify the work as yours.

It’s also a good idea, if possible, to keep copies of work in progress, so that you can show how you developed your work and when, if you ever need to.

Can copyright be inherited?

Yes. Just like any other asset, the rights to a copyright work can be inherited.

What happens when a copyright expires?

The work will fall into the public domain, making it available to anyone wishing to use, copy or reproduce the work. This is how so many companies can publish works by William Shakespeare, classical composers etc.

What types of work are protected?

Any literary, dramatic, design, musical or artistic work. So long as the work exhibits a degree of skill, labour or judgement.

How long does copyright last?

This will depend on the work and nationality, but typically the work will be protected for either, 70 years from the death of the author, or if published 70 years from the date of first publication. This can vary across different territories so it’s worth double checking.

Does the nationality of the author matter?

Under the terms of the Berne Convention, authors are automatically protected internationally; they may also enjoy additional rights as granted under national laws.

Does format or quality of the work matter?

The format of the work, i.e. negatives or photographs, computer files or paper documents, does not matter; neither does the quality of the work.

This is obviously a non-exhaustive list of questions, just some of the ones we hear on a regular basis - but if there is anything we haven’t covered or if you’d like to know more about copyright, IP or rights & licensing then why not drop us a line at info@iprlicense.com? We’d be happy to help.

Writing stage

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