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Copyright Clinic | Definitions

What copyright and IP are – and what they do

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Copyright is an "intellectual property" right that is automatically generated when a person or company creates a work that is capable of being protected by copyright. Copyright is essentially the right to prevent other people from copying, adapting, distributing (or doing other unauthorised acts to) that work. Copyright in most works exists for the duration of the original creator's lifetime and a further seventy years after that. There are variations to the length of time in which copyright exists in a work but this is the main principle.

Copyright protects all sorts of different works or creations in different disciplines such as writing, music, art, film and TV. In the creative industries (such as the film and TV industries) copyright exists at lots of different levels to protect the end product of that industry, i.e. the film or TV programme. For example, in a film, copyright exists in the film sound track, the film screenplay, the set designs used in the film and the film itself. If that film is eventually shown on TV, copyright will also protect the broadcast of the film.

Copyright is intended to give the copyright owner the right to control the copies that are made of a particular work, for example by granting somebody else - for a fee - the right to make a copy of the original work. The film and TV industries therefore rely on copyright to protect their interests and their right to generate income from exploiting the works that they create.

Just like a "property" right which belongs to the owner of a house and allows that owner to prevent others from entering or moving into that house, an "intellectual property" right belongs to a person or company that has generated some form of intellectual or creative work and allows that person or company to prevent unauthorised use of their intellectual creation.

Like other property, intellectual property rights can be either owned (by the rights owner) or licensed by the rights owner for use by other people. Use of an intellectual property right that you do not own or have the proper licence or permission to use, is an infringement of that intellectual property right.

There are four main types of Intellectual Property:

Copyright: Copyright protects material, such as books, art, films and music. You do not have to apply for copyright: once your idea is fixed, for example in writing, copyright automatically protects it, and other people are not allowed to reproduce it without permission.

Patents: Patents protect new inventions. Patents cover how inventions work, what they do and how they are made. A patent gives you the exclusive right to manufacture, use or sell your invention for a certain number of years in the UK. The inventor of the first computer mouse took out a patent on it.

Trade marks: Trade marks protect brand identities. You can trade mark any name, symbol, logo or word that will distinguish your goods or service from those sold by another trader. They are particularly valuable in cases where similar products are made by different traders. If you have a registered trade mark, you must renew it every 10 years to keep it in force. So, while there may be many bunnies, there will only ever be one Bugs Bunny®.

Designs: Design protection covers the look of a product. They protect a whole product, part of a product or how a product is decorated. The Disney logo, for instance, is a registered design, so it can only appear on products when Disney gives its permission.

Essentially, all of these "intellectual property" rights are intended to attribute value to intellectual and creative work so that those involved in work of this nature can be rewarded for their endeavour.

Just like a "property" right which belongs to the owner of a house and allows that owner to prevent others from entering or moving into that house, an "intellectual property" right belongs to a person or company that has generated some form of intellectual or creative work and allows that person or company to prevent unauthorised use of their intellectual creation.

Like other property, intellectual property rights can be either owned (by the rights owner) or licensed by the rights owner for use by other people. Use of an intellectual property right that you do not own or have the proper licence or permission to use, is an infringement of that intellectual property right.

There are four main types of Intellectual Property:

Copyright: Copyright protects material, such as books, art, films and music. You do not have to apply for copyright: once your idea is fixed, for example in writing, copyright automatically protects it, and other people are not allowed to reproduce it without permission.

Patents: Patents protect new inventions. Patents cover how inventions work, what they do and how they are made. A patent gives you the exclusive right to manufacture, use or sell your invention for a certain number of years in the UK. The inventor of the first computer mouse took out a patent on it.

Trade marks: Trade marks protect brand identities. You can trade mark any name, symbol, logo or word that will distinguish your goods or service from those sold by another trader. They are particularly valuable in cases where similar products are made by different traders. If you have a registered trade mark, you must renew it every 10 years to keep it in force. So, while there may be many bunnies, there will only ever be one Bugs Bunny®.

Designs: Design protection covers the look of a product. They protect a whole product, part of a product or how a product is decorated. The Disney logo, for instance, is a registered design, so it can only appear on products when Disney gives its permission.

Essentially, all of these "intellectual property" rights are intended to attribute value to intellectual and creative work so that those involved in work of this nature can be rewarded for their endeavour.

 

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