Design & Copyright
COPYRIGHT
As with design right protection, copyright protection arises automatically upon creation of an appropriate work, eg. artistic work, literary work, musical or dramatic work.
In order to succeed with an action for copyright infringement, it is again necessary to establish that the alleged infringing party actually copied the work protected rather than arrived at their work by means of independent creative activity. Within the field of industrial designs, copyright protection has tended to take on a decreasing importance since the enactment of the Copyright, Designs and Patents Act 1988 in that it is no longer considered an infringement of the copyright in a design document to copy an article made to the design as recorded in that design document. However, copyright protection still remains available to prevent the copying of design drawings themselves - which can qualify for copyright protection as artistic works; and written descriptions, instructions and the text for brochures - which can qualify for copyright protection as literary works. Other "works", for example photographs and computer programs, which have a particular relevance to industrial design creativity can also be protected by copyright.
The full range of copyright works that are protectable in the United Kingdom is extensive and the term of copyright protection available differs in accordance with the nature of the work concerned. While, as with design right protection, there is no need to file a formal application in order to register for copyright protection - and protection comes into being automatically as mentioned before - various steps can be taken in order to enhance one's position should a copyright conflict develop and it is particularly advisable to mark the work and published copies of the work with a © symbol, the year of first publication and the author's name.
We at WP Thompson & Co. have established a strong reputation in advising on matters relating to the existence, ownership and term of copyright protection and design right protection. Should you have any queries in this regard please do not hesitate to contact us with full details of the work/design concerned and the factual circumstances surrounding its creation.