As artists and creative minds it is becoming ever more important to make sure you copyright your work! This protects you from infringement, criminal clients and a host of other problems that can arise when you realise someone has stolen your work. We are about to produce a poster for mass sale through various outlets, so we have managed to find out the following on copyright in the UK. If you have anything to add or correct, let us know!!!
Important Points for consideration:
The copyright ownership from freelance work normally depends on the agreement between the freelacer and client. The assignment of copyright should be declared in your contract or agreement. Does your contract/agreement state that you will not retain the copyright for the work? Or is it accepted that you will keep the copyright?
Names, titles and phrases do not qualify for copyright protection. Seek advice from a lawyer on Trademarking.
If you have used elements in a design that you did not create, e.g fonts, icons, pictures, graphics, photos – you can only copyright elements you have added. Your copyright only exists in the original works, and does not exist in anything which is copied or adapted from other works. You should should seek permission from the copyright owner of any parts which are not your own, to use them without permission is a breach of copyright.
Assesment Tool
This Copyrighting Assesment Tool is a great way of finding out whether or not your work should be copyrighted.
What if I worked with another person to create the work?
Be sure you know exactly where you stand, who will own what rights, and what happens when someone leaves. You should then draw up an agreement to describe what you have decided, this should be signed by each member to signify their agreement. This does not necessarily have to be a document drawn up by a solicitor, (this may be overkill in a non-business/commercial environment), but it should nevertheless be regarded as a serious and comprehensive agreement.
Here are some points to bear in mind when coming to your agreement:
* What happens if someone leaves. Can they use the work in their own right? Can the collective still use the work of the person that left?
* Is it worth treating this joint authorship as a separate entity – such as a limited company, which can hold assets in it’s own right.
* What happens to royalties and commissions if any work is later published or sold? Will the be split evenly, or should you work out a percentage based on input?
The key point is to think ahead; even if you think things will end amicably they may not.
Let people know it is yours!
First and foremost, ensure your work is properly marked. A correctly worded notice will deter infringement, and the words ‘protected by law’ and ‘explicit permissions’, also show that you have an awareness of that right to ownership and take it seriously.
Postal Service
The first way is to for instance with a logo, save all formats of the file you have onto a disc, and then send the disc in a sealed envelope by recorded delivery to your home or business address. Keep the postal marks and seals on the letter and file it away in storage, never to be opened unless required in court. This is further enhanced by also placing in the envelope documented proof of the idea evolution, such as initial sketches/(film or media cards)photographs/materials that went into the final composition. This is not the ‘proper’ method of copyright, all it can essentially do is in court prove that you created the work first. To avoid all the hassle of all this, REGISTER!
However it is cheaper!
Register
Copyright UK
The most important factor in establishing your claim in any dispute is having verifiable proof of date and content for your work.This valuable evidence is provided by our copyright registration service. As specialists in copyright registration, we ensure that you have the very best evidence to support your rights, while our strict provision policies ensure that the very best care is taken of any work we store within our archives.
Sources:
Copyright UK
How are you copyrighting your work?
All content © 2010 by Acuity Designs
Your definently right about the need to copyright. Even working in a design studio, we have instances wherewntire websites have been ripped.
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If someone does breach copyright, what action can be taken? Zack, how did your studio handle it?
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[...] Whether or not you believe stuff should be copyrighted, and whether or not you live in the UK. Copywriting Artwork in UK is a worthy read. It at the very least provides a brief primer on copyright and how it can apply to you and your work. Check it out here. [...]
[...] Copyrighting Artwork in UK [...]
Copyrighting Artwork in UK…
As artists and creative minds it is becoming ever more important to make sure you copyright your work! This protects you from infringement, criminal clients and a host of other problems that can arise when you realise someone has stolen your work. We a…
I am looking to copyright my photography work
how do i go about this please
do i copy right my company or personal name or apply it to my photos
Many thanks
Paul
[Reply]
If someone does breach copyright, what action can be taken? Zack, how did your studio handle it?
[Reply]