Paul Sullivan, Managing Partner
Whilst Copyright can be a confusing element of intellectual property law, it is important, despite its complexities, that you understand how to apply it. There are many misconceptions and myths flying around about copyright law and this article can hopefully put an end to some of them.
“You can copyright an idea”
FALSE: Copyright law only applies to something that is recorded. This can be in written word, songs, documents, photographs, pictures and many other forms but copyright cannot protect an idea. Patents can apply to inventions, but this is a different form of protection than copyright.
“There is no copyright on internet content”
FALSE: Although the internet is in the public domain, it is simply not true that all content is free to use and without copyright. In fact, as a business you can find yourself facing legal action if you are caught using someone else’s work without their permission.
“If there is no copyright notice, content can be used freely”
FALSE: Any work does not need to show a copyright notice, but displaying one may help to deter people from using your work. Therefore don’t think it is OK to use other people’s work just because there is no copyright notice.
“You can copyright a name”
FALSE: Copyright laws are specific and names cannot be placed under copyright as someone else may need to use a name in their work. You can trademark a name instead and this will afford you protection from anyone else using your name.
“By changing someone’s work, you can avoid copyright issues”
FALSE: Copyright still applies regardless of whether you change the work or not. This should be included with the myth that as long as you change most of it then you’ll be OK – this is quite simply not true.
“It’s OK to use someone’s work as long as it is not for financial gain”
FALSE: It doesn’t matter if you are infringing a copyright to sell goods or simply using someone else’s content in a newsletter, you are still in breach of the law.
If you are not sure if something has copyright, it is always best to ask permission or if you think someone is infringing your copyright, speak to your local specialist solicitor.
For more information about this article or any aspect of our business and personal legal solutions, please give us a call on 028 9077 4500 or drop us an email us at info@sullivanslaw.uk
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