DLA Piper's legal director on intellectual property rights
RECENT suggestions of a disagreement between the Culture Company and Japanese artist Taro Chiezo over the Superlambanana high-light pitfalls which may arise when dealing with works protected by copyright.
The law of copyright protects art, drawings, books, plays, music, dance, photographs, films, TV and radio broadcasts and computer software. Any original works in these categories are automatically protected in the UK, without the require-ment to register copyright or pay any fee.
Although it is often said that possession is nine tenths of the law, this is not the case with copyright law. The ownership of the final physical product and the copyright in that product are treated as two separate rights. You may own something physically but not own the copyright in it and vice-versa.
Copyright lies with the creator of the work, regardless of whether it has been commissioned by a third party. No particular formalities are required to transfer ownership of the actual work, but the copyright will not be transferred unless this is evidenced in writing and signed by the copyright owner.
This is important for a number of reasons. For example, it is the retained ownership of the copyright in computer software which enables companies like Microsoft to build an empire and prevent the unlawful copying and distribution of software. Those principles apply when downloading music or copying CDs.
In the same way, savvy artists can gain considerable financial benefits from merchandising by keeping control of copyright and this same right enables photographers to maximise their income from wedding photos as they are the lawful source of copies of the original photographs.
In today’s world of cash and commerce, with fast transactions and mass production, people might think it seems illogical to have such stringent copyright laws.
But it is important to remember copyright exists to protect and reward creativity and innovation.