Copyright is perhaps the simplest intellectual property right to acquire. We can work with you to develop a legal strategy to protect and develop any original work that you have created or paid someone to create for the benefit of you or your business and to maximize the return on investment.
Copyright arises automatically on the creation of an original work and does not need to be registered for you or your business to obtain protection. Copyright can be wide-ranging, protecting everything from text, pictures and music to software, sound recordings and dance configurations. This breadth of coverage is an appealing comparison to other forms of intellectual property, but it doesn’t protect ideas, so it’s only once an idea, a concept or an opinion is recorded in writing that copyright applies.
Once you have established the extent of your copyright ownership we can guide you through the process of exploiting the value in these rights, whether it be by licensing the use of copyrighted materials to a third party or packaging your rights attractively in anticipation of a sale. If the demand is there the opportunities for making money are many and varied.
If you are ever concerned that you or your business may be infringing the copyright owned by a third party we can assess and advise you on any products or materials that are at risk and give you clear and practical recommendations as to how you can improve your position and minimise any negative consequences.
Alternatively, if it is your copyright that is being infringed we are experienced at taking the necessary steps to prevent the unlawful copying, sharing or adapting of your work, whether this is done informally through correspondence or by seeking an injunctive remedy delivery up of any infringing articles and the recovery of compensation through the courts. Our specialist team is experienced at advising on sophisticated and complex copyright disputes and we have conducted High Court and County Court litigation covering a wide variety of copyright infringement.
Common questions we are asked to advise on include:
- Which elements of my business’ products or services qualify for copyright protection?
- Do I own the copyright to any original works created by my employee or contractor?
- How can I maximize the financial return on my copyright?
- Is a third party infringing my copyright and how can I stop this?
- What is the basis for calculating the damage to my business from copyright infringement and what compensation can I claim for?
- Is my business infringing someone else’s copyright?
- Are there any defences available to my potential infringement?