Introduction to copyright

What is copyright?

Copyright is a system of law designed to give creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, the right to control the ways in which their work is used. This includes broadcasting, public performance, copying, adapting, renting, lending to the public. It also includes what are known as 'moral rights', i.e. the right to be known as the author of the work and to object to distortions of the work in question.

Only a copyright holder has the right to:

  • Copy the work
  • Rent, lend or issue copies to members of the public
  • Perform, broadcast or show the work in public
  • Adapt or make derivatives of the work

Copyright is an automatic right that arises whenever an idea is given a fixed expression, i.e. written down, painted, filmed, photographed etc. It is important to note that copyright only protects the expression of an idea, not the idea itself. However, there are certain aspects that a work must have to be eligible for copyright: it must be original and exhibit a certain degree or labour or skill.

Copyright in the law is at present governed by the Copyright, Design and Patents Act 1988. There is currently a Government review of copyright underway, aimed at updating copyright law for the internet age, which may lead to significant changes in the future. A report was published in 2011 on this issue, known as the Hargreaves Review, which made numerous suggestions for changes to the current law.
 

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