Consumer Q&A

Helping creators to own their ideas

What is Intellectual Property? - Why is it important?

Imagine you have a great idea. Imagine that idea leads you to make a film, write a book or perhaps create a new invention. Then imagine someone else taking your idea and passing it off as their own. What would you do to protect your idea and keep ownership of it?

Intellectual Property (IP) rights were introduced to allow people to protect their ideas. They allow you to own your ideas in the same way you would physical property. As the owner you can control use of your IP. And you can make money from your idea, through licensing agreements and royalties.

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.

Rewarding creators for their ideas

What are royalties?

'Royalties' reward creators for their great ideas. The term refers to the money paid to the legal owner of Intellectual Property, whether their idea has been copyright, patent, design or trademark protected, or any combination of the four. Royalties vary depending on the nature of the invention, work or design, but are usually a percentage of the retail price of each copy sold.

When you agree to license Intellectuallicense Intellectual Property that you own to another party, such as a film production company, you will sign a royalty agreement. If you have made a short film, owning the copyright and licensing it out means you'll get royalties as a reward for your creative work every time a copy of your film is sold. The more films that are sold, the bigger your reward will be.

Protecting the film and TV industries

What happens when copyright is infringed on DVDs?

If copies of a product, such as a DVD, are made without the rights owners knowing about it, the people who put the hard work into making the product receive no payment or reward from their creative work.

Illegal copying of films and TV programmes stifles legitimate sales which results in lost revenues, which has a serious impact on the film and TV industries in the UK and poses a threat for the 200,000 plus people they employ.

Is it legal to upload films and TV programmes over the internet?

It's illegal to copy a work protected by copyright if you do not have the permission of the rights owner. Some websites allow people access to film and TV content without the proper permission. By downloading or uploading this content, you are in serious risk of acting illegally. You can tell that a website contains illegally obtained film or TV content if, for example, it offers you content that has not yet been shown in the cinemas or broadcast on TV in the UK, or if the content is being offered for download at knock down prices.

It is legal to broadcast or upload a film or TV programme if you have the relevant rights owner's permission. To find out how you can download film and TV series safely click here.

Is it ever legal to download or upload a film or TV programme over the Internet without the relevant rights owner's permission?

There are a number of exceptions to the general rule that you cannot copy a film or TV programme without the rights owners' permission. The most relevant of these to consumers is with time shifting. This applies only in relation to TV or film content that is broadcast on the television. Time shifting allows you to legally copy a TV broadcast of a film or TV programme (on to a DVD or computer hard drive, for example) only when:

• you make the copy in your own home; and
• you copy from the original broadcast; and
• your only reason for copying is to view the broadcast at a more convenient time.

This time shifting exception does not apply if you then share this copy with others by sending it to them or uploading it for them to download. If I have obtained a legal download of a film or TV programme can I share it with others?

If you have downloaded a legal copy of a film or TV programme from a legitimate website then you do not own it but you hold it under licence from the TV programme rights owner. For example, when you buy a DVD, you do not own the copyright in the film contained in the DVD - you simply have a licence to watch it. Usually you will be prohibited from making a copy of the DVD for anyone else.

Before you consider sharing or copying your licensed download with anybody else, you should check the conditions that apply to it. If you are in any doubt, you should contact the company that granted you the original permission to download.

If you have downloaded a broadcast to view at a more convenient time (see the time shifting exception above) and then use it for another purpose, you risk acting illegally. For example if you then upload the broadcast onto the Internet for others to download.

Is there any legal penalty for illegally downloading film or TV content?

Downloading film or TV content without the proper permission is a civil offence. This means you could be sued by the film or TV rights owner. Downloading film or TV content without proper permission can also be a criminal offence bearing a maximum fine of £5,000 and/or a prison sentence. An illegal downloader could therefore also be subject to criminal prosecution.

These legal remedies exist to protect the rights of the creators of film and TV content and of the film and TV industries which make multi-million pound investments to bring them to life and distribute them to your local cinema or retailer.