Copyright: A Simple Overview*

Copyright affects pretty much every business, but most people only think about it when something goes wrong. Here's a friendly heads-up before that happens.

What Is Copyright?
When you create something original, it's automatically yours. You don't need to register it, pay for it, or put a © symbol on it (although that doesn't hurt). The law is simple: you made it, you own it.

That ownership gives you a copyright, which is an exclusive bundle of permissions. Everyone else needs your permission to do any of these restricted acts, like copying, or showcasing online.

Where's The Confusion?
Most people confuse two concepts: Copyright and Copyright Infringement

Copyright is the bundle of permissions itself (owned by the creator). Copyright Infringement is when someone does one of those acts without lawful permission.

If someone takes your work and uses it without asking, that's infringement. It doesn't matter if they didn't know it was protected, or if they found it online. Its still unlawful. There are some very limited protections, but these usually don't apply in day-to-day dealings. Most people think claiming a "fair-use" or "fair-dealing" works, when it usually doesn't.

Passing Copyright On
You don't have to keep your copyright forever. There are a few ways to hand it over or share it. This is most common when hiring a designer to work for you, or if you're a designer yourself.

1) Assignment: You can transfer it completely to someone else, making them the new owner instead of you. This needs to be agreed in writing and signed, otherwise its not effective. This is a real mistake people get in, because of the legal process required. The transfer of property legally is a tricky subject, so needs extra formalities.

This is a permanent process, and you will give up your right to the property when someone else picks it up. Make sure you understand what you're in for before assigning!

2) Exclusive licence: You can give one person exclusive permission (a licence), meaning nobody else gets to use the work in a specific way - not even you. For example, you might wish to give an advertising company the sole right to showcase your work to the public, in exchange for a royalty fee for using your designs.

This also needs to be in writing, because of the legal implications. A licence can include clear contractual terms about who needs to to what, but the effect of an exclusive licence is that the recipient (called the licensee) gets all of your permissions, just doesn't become the legal owner. They even get the permission to sue in their own capacity.

3) Bare licence: (otherwise called a non-exclusive licence). This is another way of giving out permission, but still retaining the ownership. This way, you can give the same permission to lots of people at the same time. Getting this right matters. The more licences you give out, the harder it is to control your ownership.

Getting the transfer of permission right matters a lot. One of the most common (and costly) mistakes businesses make is commissioning some work and thinking they own it, when, actually, the creator still owns the work. Make sure you get your agreements in place!

What About Platforms?
This is where it gets interesting. If someone uploads your work to a platform without your permission, is the platform responsible?
Generally, platforms are protected as long as they don't turn a blind eye and they take content down when they're told about it. 


The downside? Creators' complaints often get ignored or improperly dealt with. In England and Wales, creators can send "Letters of Claim / Letters Before Action" to a platform. In the US or elsewhere, other policies apply, like the DMCA takedown notice. Either way, creators need to inform the platform of the specific infringing content online.

What Can You Do If Someone Infringes Your Copyright?
Quite a lot, actually. You can ask a court to make them stop. You can claim compensation for what you've lost — or take a share of what they made using your work. In serious cases, there can even be criminal consequences.
But honestly? Most disputes never get near a courtroom. A firm letter pointing out the problem and asking them to stop is often all it takes.

We Can Help
Copyright catches people out in all sorts of ways. This is especially especially the case for websites, software and anything created by a third party on your behalf. If you're not sure where you stand, it's worth a quick conversation before it becomes a problem.

Get in touch with JM Development Services. In some circumstances, we can give advice and assistance with your intellectual property. We'll give you a straight answer that's easy to understand, covered by our advisory insurance policies for all the consultancy work we do.