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.