{"id":12523,"date":"2024-06-30T11:52:34","date_gmt":"2024-06-30T10:52:34","guid":{"rendered":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/?p=12523"},"modified":"2024-07-01T20:31:50","modified_gmt":"2024-07-01T19:31:50","slug":"small-business-owners-copyright-guide","status":"publish","type":"post","link":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/small-business-owners-copyright-guide\/","title":{"rendered":"The small business owners\u2019 guide to copyright"},"content":{"rendered":"
Copyright law exists to protect the original work that someone creates. As a business owner, it\u2019s essential to understand the concept for two reasons. Firstly, you\u2019ll want to ensure your work isn\u2019t being used without your permission, as this can damage your brand. Secondly, you must ensure you don\u2019t wrongfully use someone else\u2019s work, which can result in penalties or even prison.<\/span><\/p>\n This guide will cover everything a small business owner needs to know about copyrights. Let\u2019s get started.<\/span><\/p>\n As the name indicates, copyright is a right that prevents the copying and reproduction of work. It is a type of intellectual property (IP) right, with intellectual property being something invented using the imagination. Copyright exists to protect authors\u2019 work from exploitation.<\/span><\/p>\n As defined by <\/span>GOV.UK<\/span><\/a>, the following pieces of work can all be protected through copyright (meaning that someone can not use it without the creator\u2019s permission):<\/span><\/p>\n The person who created the work is generally considered the \u2018author\u2019 and, in most cases, will be the \u2018first copyright owner\u2019 (as set out in <\/span>1988 Copyright, Designs and Patents Act<\/span><\/a>). However, there are a few caveats. We\u2019ll look at these now:<\/span><\/p>\n If an individual creates something as part of their regular job, the employer owns the copyright.<\/span><\/p>\n If an individual creates something as part of a freelance job or under a commission, they would automatically own the copyright. But, as part of the contract, it is common for the creator to sign over the copyright to the person who commissioned it.\u00a0\u00a0<\/span><\/p>\n If a piece of work was completed by more than one person (and it was not created under employment terms) – and the end result is an indivisible whole – every person involved would be considered to be a joint owner, unless a prior arrangement was put in place. In this instance, if someone wanted to use the copyrighted item, all right holders must provide permission.<\/span><\/p>\n However, if the work can be split up, with individuals clearly owning different parts of the project, copyright can be separately assigned to each aspect of the work.<\/span><\/p>\n If permission has not been granted by the copyright owner(s), work cannot be:<\/span><\/p>\n There are a few exceptions to copyright that you can find out about here<\/span><\/a>.<\/span><\/p>\n The great thing about copyright law is that it assigns copyright automatically. The creator does not need to do anything. Once the work has been completed, the content is copyrighted. There is no application process or registration fee required.<\/span><\/p>\n However, many creators choose to claim their work and demonstrate that they are aware of copyright law by placing \u00a9 next to their work, often alongside the date that it was published. Whilst this doesn\u2019t add any further protection, it can act as a deterrent to people thinking of using the work without permission.<\/span><\/p>\n As a business owner, copyright won\u2019t always be enough to protect your brand, services, and intellectual property. See the following for extra IP protection options:<\/span><\/p>\n If copyright infringement issues aren\u2019t resolved privately, they generally lead to civil claims, which can result in damages being paid to the copyright owner.\u00a0<\/span><\/p>\n In some situations, infringement is treated as a criminal offence, and a criminal court can impose damage payments, fines and even imprisonment.\u00a0<\/span><\/p>\n If it reaches a magistrates’ court, fines can go up to \u00a350,000 and prison sentences up to six months, and if it goes to Crown Court, there\u2019s no cap on the fine and prison sentences can be as much as ten years.<\/span><\/p>\n When it comes to protecting your own work, we recommend taking the following steps:<\/span><\/p>\n When using work created by other people, always tread carefully. Be conscious of using anything wrongfully, but be extra careful of photography and imagery, as this is where small businesses typically fall foul of copyright law.<\/span><\/p>\n With this in mind, if you don\u2019t have anything original to use, take advantage of the various stock imagery services (and always check what you can and can\u2019t do with an image once you have purchased it).\u00a0<\/span><\/p>\n What is copyright?<\/h3>\n
What types of things are copyrighted?<\/h3>\n
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Who owns a copyright?<\/h3>\n
1. Created under employment<\/h4>\n
2. Created as a freelancer<\/h4>\n
3. Created as a collaboration<\/h4>\n
What does copyright prevent?<\/h3>\n
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How is work copyrighted?<\/h3>\n
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What other forms of intellectual property protection are there?<\/h3>\n
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What is the punishment for copyright infringement?<\/h3>\n
What you need to do<\/h3>\n
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