Library Services
Copyright & your own work
- Copyright and your own work
- Protecting copyright
- The © sign
- Proving copyright
- The University of the Arts London and copyright
- Patents, designs and trademarks
Copyright and your own work
Is there copyright in my artistic work?
Yes. The Copyright, Design and Patents Act 1988 offers protection to original artistic and design work which has been fixed in a medium or form of expression, i.e. on paper, on videotape etc.
What protection does the Copyright, Designs and Patents Act offer?
The Act is designed to stop other people benefiting from the creative work of others without their permission. For instance, artists are given control over copying of their work as the act gives them exclusive rights to reproduce or authorise others to reproduce their work.Is live art protected by copyright?
Live art, like dance, must be in written, video or other "fixed" form to gain copyright or performance right protection.
Can ideas be protected by copyright?
There is no copyright on ideas until they are "fixed" in a physical medium, i.e. written down.
Can designs be copyright?
Design rights protect original works of 3D design. Design right ownership is automatically granted and lasts for 15 years from the creation of the design. It is not necessary to go through formalities unless an official "Registered Design" is made with the Patent Office, although you may wish to take some steps to prove that the design belongs to you.
If I sell my work is the copyright transferred to the buyer?
Copyright normally belongs, in the first instance, to the creator of the work. The author/artist may transfer the ownership of the copyright to another person but when an item is sold the copyright is not transferred to the buyer unless there is a specific agreement and copyright has been assigned to them.
Can copyright be shared?
If the work is created in the course of employment, or you are the creator of a film or video, shared copyright may be involved.
back to topProtecting copyright
Is there any organisation that will look after my rights as an artist or designer?
The Design and Artists Copyright Society (DACS) is the collecting society which looks after the rights of artists and designers in the UK. DACS advises artists and designers on copyright issues and has reciprocal arrangements with collecting societies abroad. Visual artists of any discipline resident in the UK or Republic of Ireland may register with DACS for a small fee per year. People seeking to copy or reproduce artistic works in the UK have to clear this with DACS.
back to topThe © sign
Do I need to use the © sign to claim copyright on my work?
It is not strictly necessary in the UK where copyright is automatically granted to an original work. The copyright © symbol is a requirement in other countries and it is advisable to use it if work is to be put on the web as it also emphasises who the rights owner is.
back to topProving copyright
How can I prove that I own copyright on a piece of written work?
The standard practice is to deposit a copy of the work with a bank or solicitor. You could also send a copy of it to yourself by special delivery (this gives a clear date stamp) but the envelope must remain unopened to establish that the work existed at a particular time.
back to topThe University of the Arts London and copyright
What are my rights as a student of the University of the Arts London?
The University of the Arts London policy on copyright and student work can be found in The University of the Arts London (2001) Student Zone. London, University of the Arts London. It states:
- The copyright or design right in works which are the sole creation of the student belongs to that student.
- The student still owns copyright even if the University exercises its option to exhibit or retain the original piece of work, unless the copyright or design right is specifically transferred.
- Where a work or design is created jointly with staff at the University, the University has shared rights.
- Where copyright or design right is assigned to an outside body as part of the rules of a competition or an agreement to sponsorship, the principles will not apply.
What are my rights as a member of staff of the University of the Arts London?
Employees of the University of the Arts London should refer to the section on copyright in their contract. The following apply:
- The copyright on course materials produced for the University by teaching staff belongs to the University.
- Copyright on research specifically funded and supported by the University belongs to the University.
- Copyright on any work or design brought into existence as a "scholarly work" and produced in furtherance of the professional career of teaching staff, including books, articles and conference papers, belongs to the teacher.
Patents, designs and trademarks
What is a patent?
The Patent Office defines a patent as being concerned with new technical and functional aspects of products and processes. A patent, given by the government for an invention, gives the inventor the right for a limited period to stop others making, using or selling the invention without permission from the inventor. To apply for a patent or to register a design or trademark contact the Patent Office.What is a design?
A design is defined as being related to the visual appearance of a product. The Patent Office will register a design if it is new and has "significant eye appeal". This does not include such forms as sculpture and printed matter.
What is a trademark?
A trademark is defined as being a sign which distinguishes the goods and services of one trader from another and can be represented graphically. A trademark must be distinctive, not be deceptive and not conflict with other marks.
Do staff have the right to register an invention, a design or a trademark created while at work?
Items created whilst in the University's employment belong to the University and therefore it would be the University's duty to apply for the patent, design or trademark registration. Please contact the Intellectual Property Development Manager for an initial assessment and discussion on the nature and protectability of your invention.
Staff at the University of the Arts London should refer to their contract for their rights and responsibilities towards the University regarding intellectual property. For further information please contact the University Legal Manager.