Copyright is identifiable by the ‘©’ signed preceding the owner name and year of a written document. Copyright protects the written work conducted by a writer. The copyright notice is prescribed by the Universal Copyright Convention (UCC) of which more than 60 countries are members of. Any work bearing the copyright notice is protected in all UCC member countries, whether member country’s local laws requires registration or any other requirements.
Current legislation
In short, current legislation determines that European authors who passed away after 1 January 1945 are protected by copyright laws for 70 years from the end of the year the author passed away. Until 1 January 1996, copyright lasted 50 years after an author passed away.
Exceptions:
The following work is not protected under UK copyright laws:
1. Work by non-European authors
Non-European authors’ work will only be protected by copyright laws if their work is protected in their country of origin. This protection is valid for 50 years after the death of the author. One exception is the protection of United States work, where protection is valid for 70 years after the death of the author.
2. Copyright revived.
Copyright protection of works of European authors who passed away between 1 January 1925 and 31 December 1944, whose work had lost copyright protection, went back into copyright protection on 1 January 1996 for what remains of a 70 year period after the authors’ death. If an author passed away before 31 December 1924 the new period of protection is 50 years after the death of the author.
3. Artistic work
European authors who passed away after 1 January 1945 are protected by copyright laws for 70 years from the end of the year the author passed away. Until 1 January 1996, copyright lasted 50 years after an author passed away. The exception here is old photographs, portraits and engravings.
4. Anonymous and Pseudonymous works
Works are protected for 70 years from the end of the calendar year in which the work was first made publicly available. Works created before 1 January 1996 is protected for 50 years.
5. Crown and Parliamentary copyright
The Crown owns copyright on works by an officer or servant of the crown in the course of his or her duties made under the direction or control of either houses of Parliament.
Copyright in letters
Letters are protected by UK copyright laws, even if the recipient is the owner of the letter. Copyright is invested in the writer thereof.
Using copyrighted material without permission
UK copyright laws state that it is an infringement to quote a ‘Substantial Part’ of a copyrighted work without permission. Legally speaking it will be lawful to quote a copyrighted work only if it is less than a substantial part thereof.
The question now arises: What or how much is a substantial part?
The UK Copyright Act does not define the term ‘Substantial Part’. In a deciding case it was determined that four lines from a 32-line poem were held to be an infringement of copyright.
It still remains the responsibility of the writer to determine what requirements need be adhered to when seeking permission to use copyrighted material.
Copyright in a title
Generally there is no copyright in a title, but in certain instances where a title is narrowly associated or identified with a service or product in the public’s mind, such author may claim copyright protection on such title.
Copyright in a plot
As above, there is no copyright in a plot. In certain instances the author can claim copyright where he/she can prove that a combination or series of dramatic events in the infringing work had been taken from the same situations in his/her work.
How is copyright applied?
Copyright is automatically applied when a work is written or saved in any other manner.
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