Copyright, unlike other intellectual property, is a right which arises automatically, without the need for registration. Nevertheless, there are still two factors which your work must satisfy. Firstly, it is crucial that the work in question is fixated in some form. This can be achieved in writing or sound recording for example. The latter is key, as the concept of copyright does not protect an idea but instead how that idea has been expressed.
The second element your work must satisfy is the demonstration of skill, labour and effort, also known as the originality test. It is important to note that originality may not mean an unusual or imaginative idea, but instead an idea which doesn’t suggest the work has been copied from another source.
It is also necessary to consider that copyright is a ‘negative right’, allowing you the right of exclusion, as opposed to the right of possession, as outlined in Section 3(2) of the Copyright, Design and Patents Act 1988 (CDPA). Typical types of work include literary, dramatic, musical and artistic works, for which different rules may apply. For further information, please head over to our blog for part 2 of this article.
If you have any queries regarding copyright protection or would require assistance with an alternative matter, please do not hesitate to get in touch with a member of our legal team at Lawdit Music today.
By Lora Krasteva, student from Southampton Solent University
Tel: 023 8023 5979
E-mail: legal@lawditmusic.co.uk
