4.14. Scanning Protection of Intellectual Property Rights in Britain

1. "Intellectual property" (IP) is an original work fixed in a tangible medium of expression. IP refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP law creates property rights in original creations to ensure that their originators are able to control their use and receive appropriate financial reward. It embraces patents for the protection of inventions, registered designs, trademarks, trade secrets, and copyright for the protection of original literary, dramatic, musical or artistic works, films, video and sound recordings, broadcasts and computer software.

Copyright

2. Copyright is a protection automatically conferred in Britain on certain types of original and creative materials. It gives legal rights to the producers of such materials, enabling them to control how their works may be exploited. Broadly speaking, copyright covers copying, reproducing, adapting, performing and broadcasting.

The 1988 Copyright, Designs and Patents Act defines copyright as a 'property right' which means that it may be exploited, used, bought and sold - or 'assigned' - like any other property.

3. Copyright owners have the exclusive right to perform certain “restricted acts”:

• copying the work,

• issuing copies to the public,

• performing, playing or showing the work in public,

• broadcasting the work or transmitting it by cable,

• making an adaptation or performing any of the other restricted acts with an adaptation,

• authorising the rental of material such as video cassettes and receiving a royalty for the rental.

4. It is not necessary to register for copyright protection. However, for record purposes, Stationers' Hall in London maintains a register in which copyright owners may apply to have their works listed for a period of seven years.

5. Copyright covers works in three main categories:

• original literary, dramatic, musical or artistic works, including photographs and architecture;

• sound and video recordings, films, broadcasts or cable programmes, and electronic databases,

• the typographical arrangement of a published work.

6. A 'literary' work need have no aesthetic value for copyright purposes but should simply be the result of independent intellectual effort. Thus the term can cover such materials as technical descriptions and drawings, railway timetables and examination papers. And since the 1988 Act, it also includes computer software.

7. Copyright Ownership. In most cases, the first owner of a copyright is the author or originator of a work, and this includes not only writers and composers but also record and film producers, broadcasters and publishers.

Copyright holders may use their rights to prevent exploitation of their work by others or may licence them to use it. In addition, they may sell their rights like any other piece of property.

Employers retain the rights to any appropriate works produced by their employees in the course of their employment unless special arrangements have been made. So, for example, in the main, copyright in articles written by journalists is held by the owners of their newspapers.

In the case of published material generally, the author is usually the first copyright owner of the text whereas the publisher holds the copyright on the actual 'layout' of the publication.

8. The Duration of Copyright. For artistic, musical and literary works, copyright lasts throughout the author's life and for 50 years after death.

Copyright on films and sound recordings extends for 50 years after the date of release, and for broadcast and cable programmes for 50 years from the date of first showing. Typographical copyright lasts for 25 years from publication.

9. Exceptions to Copyright. Despite the protection which copyright affords to its owners, there are occasions when it does not apply and materials may be used by others without obtaining permission to do so. In general, this involves the reproduction or quotation of extracts for research, study, criticism, review and news reporting. In addition, copyright considerations should not hinder education or the operation of libraries or public administration. The 1988 Act also provided for exceptions in the case of 'time-shift' recording of radio and television programmes in the home.

9. Exercising Copyright. Copyright owners may licence others to use that copyright. This may be in terms of some or all of the 'restricted acts' and it may be 'exclusive', that is such that not even the first owner will be able to exercise the relevant rights.