telepana.blogg.se - How to copyright your work uk

If there is no express agreement (in the contract of employment or otherwise) then under s.11(2) CPDA 1988 there is an implied term in the contract that the employer is the owner. If an employee creates a work in the course of their employment then the first thing they should do is look at their contract of employment to determine whether there is an express agreement as to what happens in these circumstances. What happens if I create something at work? Who owns the work? Under s.3(2) CPDA 1988 the work must be recorded to attract copyright protection, unless it is an artistic work (although some degree of performance is required in this instance). The threshold applied to literary works is particularly low. The “minimum threshold of effort” test is meant to prevent the wholesale copying of copyrighted works – authors of new works must apply at least a minimum amount of effort to the works they have produced to entitle these works to receive copyright protection.

To be original, an author must have applied his own skill, judgment and individual effort to the work. Created by (at least) a minimum of effort.To attract the protection of copyright, a work must be:

Literary, dramatic, musical or artistic works (“LDMA” works) must meet the criteria specified below to be subject to copyright.

The typographical arrangement of publications.

Copyright therefore applies to expressions and not to ideas, procedures, methods of operation or mathematic concepts.Ĭopyright only subsists in material that falls within the following categories: It is not a right in novelty of ideas but is based on the right of an author, artist or composer to prevent another person copying an original work. We’ll also take a look at a worked example to highlight commonplace issues that arise in this context.Ĭopyright is a property right, which is protected in the UK by virtue of the Copyright, Designs and Patents Act 1988 (“CDPA 1988”) (Flint, Fitzpatrick & Thorne, 2006). The principal question is “who owns the copyright” but we’ll also take a look at what defines a copyrighted work, and what types of copyrighted work there can be. This post will take a look at what the legal situation is when an employee, in the course of their employment, creates a work which may be subject to copyright.