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All about how to Copyrighting your work. What is Copyright. Berne Convention. How to Copyright your Youtube Video, literary, dramatic, design, musical or artistic work. What is protected by Copyright. How to get Content ID protection to your Video. How long does the copyright last and others 100s of easy to understand articles in one place. Copyright your work online and get instant protection. Copyright.Online the official copyright service.Copyright Work Now
The registration of trademarks in the UK is governed under the Trade Marks Act 1994 and can be achieved through the UK Intellectual Property Office (UKIPO). If registration is accepted by the UKIPO, a number of exclusive rights are bestowed upon the trademark owner. These rights allow the owner to prevent unauthorised use of the mark on products that are identical or similar to the registered mark.
When a trademark application is made to the UKIPO, it examines the application to decide whether the trademark that is being applied for is distinctive enough to be a trademark. Registration usually takes about three and a half to four months. However, this time span can be greatly increased if any objections are raised to the mark's registration by owners of similar registered trademarks or by the UKIPO themselves. Once a trademark is registered, it is kept on the register for ten years, after which it needs to be renewed to preserve the owner's rights over it. It can also be allowed to lapse.
Is there a European Copyright Regulation?
There have been harmonization attempts for copyright protection not only at the international level but also at the regional level. Above all, Europe has tried to harmonize this Intellectual Property area through the Directive 2001/29/EC and the Directive 2014/26/EC, whose amendments have recently been voted by the European Parliament.
The main aim of these European Directives is to provide coordination of national rules concerning access to the activity of managing copyright and related rights by collective management organizations, the modalities for their governance, and their supervisory framework.
The differences in national copyright laws has always been a challenge for the EU and the governments of the Member States, and that is why nowadays private copyright service providers are necessary in order to guarantee an effective copyright protection.
What happens when Copyright expires?
When the term of copyright protection has expired, the work becomes available for use without the permission of the copyright owner. As a result, the work of authorship falls in ‘the public domain’. This means that the work has effectively become public property and can be used freely. As an example, public domain allows nowadays publishing companies to publish works by William Shakespeare. It is important to remember that you first have to find out when the literary or artistic work has been published in order to determine whether a work is in the public domain and free for use without the author’s permission.
How long the Copyright lasts?
Following its territorial nature (see above), the duration of copyright will vary from country to country. However, the Berne Convention establishes a minimum duration that all signatory countries shall grant to various types of work through their national laws.
In conformity with Article 7 of the Berne Convention, the provided term of protection is the lifetime of the creator plus fifty years (the term will always run from January the 1st of the year following the event indicated), with the following exceptions:
Cinematographic works: 50 years from ‘the work has been made available to the public with the consent of the author, or, failing such an event within 50 years from the making of such a work, 50 years from the making’;
Anonymous or pseudonymous works: 50 years from the date that the work has been lawfully made available to the public; however, if the pseudonym adopted by the author clearly demonstrates his/her identity, the term of protection shall be the usual one of the lifetime of the author plus fifty years;
Artistic works, such as photographs and applied art: At least 25 years from creation.
Work of joint authorship: in this case, the duration will be the lifetime of the last surviving author plus 50 years.
When does Copyright Protection start?
Copyright automatically exists under national laws whenever an individual creates any type of artistic work which is original and exhibits some degree of labor, skill or judgement in its creation. This is also known as ‘automatic protection’ which is one of the ground principles regulated by the Berne Convention: copyright protection automatically exists since the moment that a qualifying work is fixed in a tangible form (e.g. film or paper).
Does the ‘Poor Man’ Copyright work?
Following the Poor Man Copyright idea, it is important to note that simply enveloping an authorship work and mailing it to yourself does not prove your ownership for several reasons. Firstly, the copyright owner does not sign any certified forms and make any official statements. Secondly, envelopes can be open in many ways (e.g. steamed) and postmarks can be altered or damaged. Lastly, it is noteworthy that most copyright cases are not focused on authorship issues. They mainly regard matters of fair use, contract disputes, and unauthorized duplication. Therefore, it is generally simple to discover who is the original author and it is unlikely that Poor Man Copyright would be necessary to prove this aspect. Especially in the Internet era, copyright misuse or infringement happens within minutes, not days; therefore, in the event that a dispute of authorship should arise, the delay in receiving back the envelope would potentially make Poor Man Copyright harmful.
What is the ‘Poor Man’ Copyright?
The ‘Poor Man’ Copyright consists of using a registered date by the postal service, thereby helping to establish that the authorship work has been in the owner's possession for a specific day. The idea behind this method is very simple: you create an original work, envelope and send it to yourself; upon its return, it has both your name and a date stamp, positive proof that the work belonged to you on that date and was created before that. All you have to do is to keep the envelope closed and the work in a safe place.
This method is based on the idea that in the event that the authorship work has been misused by a third party, the Poor Man copyright would at least establish a legally recognized date of possession before any evidence that a third party may possess. This could be helpful in countries where a copyright registration authority is not established since it can be difficult for an author to prove when his/her work has been created. By contrast, in countries where a copyright registration authority exists (e.g. the U.S.), the Poor Man method is not a substitute for registration.
How do you get a Copyright?
Under the Berne Convention, no formalities are required as preconditions to get copyright protection.In other words, the original authorship work is protected by the national laws since the moment of the creation (principle of ‘automatic’ protection). As a result, neither publication, registration, nor other action is required to obtain copyright protection.
However, some countries recommend the use of a copyright notice, which requires that authors and publishers give notice of the copyrighted status of the work writing the copyright symbol ©, name and year on the work. Whereas other few countries require the registration of domestic works in order to sue for copyright infringement. For example, the U.S. requires both copyright notice and registration.
By contrast, copyright owners have started to use other methods in order to guarantee better protection for their works. The cheapest method is known as 'the poor's man' copyright, through which the author sends a copy of its work to him/herself and leaves the envelope closed with the postal stamp. Another one is the deposit of copies of the original work with a bank or a lawyer. In addition, a copyright owner can also decide to register its work with an independent Copyright Registration provider which not only retains a genuine copy of its work but also proves the origination date and the fact that the work is original.
What does actually Copyright Protection grant?
Copyright grants a bundle of exclusive rights to the author limited to a particular territory. In this way, without its permission the creator can prevent other people from copying the original work; distributing, renting, selling copies of it; performing, showing or playing it; making an adaptation, and sharing it on the web. The copyright owner will also have the right to be identified on its work and to object if its work is distorted or damaged.
What cannot be copyrighted?
According to what copyright is and what its protection covers (see the ‘What is Copyright’ and ‘What is protected by Copyright’ sections), works which are not enough original or creative and not expressed in a tangible form cannot be copyrighted. Accordingly, you cannot copyright names, titles, ideas, short phrases, slogans, familiar symbols, designs, font design, ingredients, blank forms, concepts, discoveries, explanations and many other not creative forms of ideas’ expression.