The Copyright Notice Service

Individuals and businesses often use or create copyrighted material on a daily basis, but it’s not always clear what can and can’t be done without breaching copyright laws. To help individuals and businesses get more of a handle on copyright law issues, the Government – through the Intellectual Property Office (the ‘IPO’) – has set up a service to provide guidance in certain circumstances. The intention is to improve access to the relevant information, and promote the proper use of copyrighted works, which will (it is hoped) increase business productivity, growth and innovation.

What are copyright notices?

A copyright notice is a note of advice, published by the IPO on its website, which provides basic guidance on a particular copyright law issue that has either been raised by an individual or business, or identified by the IPO itself as being of particular relevance or use. The aim is to clarify a broad spectrum of copyright issues by providing a reliable reference source of useful, practical information.

How to make a notice request

A copyright notice request can be completed online at the IPO’s website or by post. The online request is straightforward and (unlike postal requests) provides written confirmation that the request has been received. All you need to provide is your name and/or business name, a correspondence email address, a simple description of why you are requesting the copyright notice, and as much useful background information as possible (plus, if applicable, a summary of any legal advice or other information that you have already received on the relevant issue).

The result of a notice request

Applying for a copyright notice doesn’t guarantee you will receive the guidance you want – the IPO has discretion over whether (and when) to respond to any request. Each notice is considered using the IPO’s prioritisation criteria which can be found here. If the IPO does decide to provide guidance, after receipt of a notice request, it will be published on the IPO’s website. The notices themselves are subject to Crown copyright protection and published under the Open Government Licence.

Notices provide guidance only

Copyright law, and the issues surrounding it, can be very complex. Copyright notices may not, therefore, be very useful when it comes to addressing particularly difficult or unusual matters – in such cases, expert legal advice may still be necessary. Moreover, a copyright notice gives guidance only. It isn’t legal advice and doesn’t have any statutory force. The IPO doesn’t have the authority to give binding decisions on the interpretation of copyright law and so can just give general guidance.
For more information on the Copyright Notice Service, or advice on copyright protection or infringement generally, contact us on 0207 288 4700 or email as at info@boltburdon.co.uk