YOUR WORK WITH COPYRIGHT
Whether you're an inventor, author, artist, or an entrepreneur, we can help you protect for your intellectual property.
on this page:
1 - Standard Copyright Notice
Item 2 -
Copyright Facts & Myths
Item 3 - Duration of
Item 4 -
claim compensation for theft of your original work
Standard Copyright Notice
take the theft of our original work very seriously and would draw to
your attention it is protected under UK copyright law. Please note we always sue
for compensation if any part of our website, design or seo whether text
or images, are found being used without prior authorisation in writing.
Copyright FAQs which you may find of interest.
What is intellectual property?
Who owns copyright?
What is protected by copyright?
What are the economic rights of copyright owners?
What are moral rights?
How can I obtain permission to use someone else's copyright?
What are the exceptions to copyright?
What is automatic protection?
How can I protect my rights?
For the answer to these questions and many more please go to:
Facts & Myths
- © 2006 - 2011 Talking Web Pages - ALL RIGHTS RESERVED
In the eyes of the law, ignorance is no excuse, and the penalties can be
very high. So make sure when you post a copyright notice on your website
or html newsletter, that you link your copyright notice to this page.
Then at least anyone stealing your work cannot say they didn't know! YOU
may also learn how to better protect your creative work.
This page is about copyright facts and myths.
therefore it is already assumed you know at least what copyright is.
But in case you have any doubts;
Copyright gives the creators of a wide range of material, such as
literature (any text), art (any images), music, (any sounds), films (any
movies - amateur or otherwise) and broadcasts (radio, tv, mobile phone
or anything else), economic rights enabling them to control use of their
material in a number of ways, such as (but not limited to) making
copies, issuing copies to the public, performing in public, broadcasting
and the usage on the internet. It also gives the moral rights to be
identified as the creator and owner of certain kinds of material, and to
object to distortion or mutilation of it.
The main purpose of copyright is to allow original creators to gain
economic rewards for their efforts and so encourage continued creativity
and inspire the development of new material to benefit us all. Copyright
material is usually the result of creative skill and significant labour
or investment, and without protection, it would often be very easy for
others to exploit material without paying the creator.
Usage of copyright material therefore require permission from the
FACT: Copyright protection is automatic
as soon as there is a record in any form of what has been created (there
is no official registration required). However, steps can be taken by
the creator of a work to provide evidence that he or she had the work at
a particular time. For example, a copy could be deposited with a bank or
solicitor. Alternatively, a creator could send themselves a copy by
special delivery post (which gives a clear date stamp on the envelope),
leaving the envelope unopened on its return. A number of private
companies operate unofficial registers, but it would be sensible to
check carefully what you will be paying for before choosing this option.
It is important to note, that this does not prove that a work is
original or created by you. But it may be useful to be able to show that
the work was in your possession at a particular date, for example where
someone else claims that you have copied something of theirs that was
only created at a later date
MYTH: "If it doesn't have a copyright
notice, it's not copyrighted."
This may have been true once but now you you should assume everything is
copyrighted and may not be copied unless it STATES otherwise. There are
some old works that lost protection without notice (for example
classical music), but frankly you should not risk it unless you know for
It is true that a notice strengthens the protection, by warning people,
but it is not necessary. If it looks copyrighted, you should assume it
is. This applies to pictures, too. You may not scan pictures from
magazines, postcards, matchboxes or ANY other image and post them to the
net, and if you come upon something unknown, you shouldn't post that
If you wish to place a copyright notice on your work. The correct form
for a notice is: "Copyright [date] by [name of owner]"
You can use C in a circle © instead of "Copyright". The
phrase "All Rights Reserved" is commonly used but is not
MYTH: "If I don't charge for it, it's
If you make a charge for someone else's copyright it can affect the
amount of damages awarded against you in court. But it's still a
violation even if you give it away - and there can still be serious
damages if you hurt the commercial value of the property.
MYTH: "If it's posted to the internet
it's in the public domain."
This is incorrect. Nothing is in the public domain unless the copyright
owner explicitly puts it in the public domain (PD). This means, just
because the copyright owner places an image on the internet it does not
become a 'free for all'. If the legal owner places anything into the
public domain they must also give specific instructions i.e. "I
grant this to the public domain.".
The granting of something PD is a complete abandonment of all rights,
and if the work is PD, then other people can modify one pixel or sound
byte and then copyright it in their own name. For this reason you will
rarely if ever find PD.
One of the modern day infringements of internet copyright is logos and
images for mobile phones. As soon as a new images was created and placed
on the internet for sale, thousands of copies would suddenly appear on
other websites being offered for sale without payment being offered to
the originator. Many of these copyright thefts ended up in court.
FACT: "I can copy someone's work for
This is true, but you could still become involved in a legal battle if
you are not careful.
Fair use is generally a short excerpt and almost always attributed to
the original author. It does not permit anyone to use various sections
of someone else's work to enhance their own. Plus it should not harm the
commercial value of the work - in the sense of people no longer needing
to buy it.
Fair use isn't an exact doctrine, though. The court decides if the right
to comment overrides the copyright on an individual basis in each case.
The "fair use" concept varies from country to country, and has
different names and other limitations outside the UK.
MYTH: "If you don't defend your stolen
copyright you lose it."
Copyright is effectively never lost, unless it is explicitly given away.
Often there is confusion between copyright and trademarks, for example
"Apple". You cannot copyright the words, but when used as
"Apple Computers", it becomes a recognisable and registered
trademark. Apple Computers "owns" that word when applied to
that term, even though it is also an ordinary word. Apple Records owns
it when applied to music. Neither owns the word on its own, only in
context, and owning a mark doesn't mean complete control.
You can't use somebody else's trademark in a way that would steal the
value of the mark, or in a way that might make people confuse you with
the real owner of the mark, or which might allow you to profit from the
mark's good name. You can use marks to criticise or parody the holder,
as long as it's clear you aren't the holder.
MYTH: "If I make up my own stories,
based on a similar work, my new work belongs to me."
The law is quite explicit that the making of what is called
"derivative work". That means works based or derived from
another copyrighted work - is the exclusive province of the owner of the
An example of derived work (although it still requires permission of the
original author) is a movie that is based on a book. If permission was
granted to use the story from the book, then a new copyrighted work has
been registered, but the original author would still receive some credit
for their work. BUT there is an important exception i.e. criticism and
FACT: "There are exceptions to
Exceptions to copyright do not generally give you rights to use
copyright material; they just state that certain activities do not
infringe copyright. So it is possible that an exception could be
overridden by a contract you have agreed limiting your ability to do
things that would otherwise fall within the scope of an exception.
There are a number of exceptions to copyright that allow limited use of
copyright works without the permission of the copyright owner. For
example, limited use of works may be possible for non-commercial
research and private study, criticism or review, reporting current
events, judicial proceedings, teaching in schools and other educational
establishments, not for profit playing of sound recordings and to help
visually impaired people.
MYTH: "It's easier to get forgiveness,
than to get permission".
UK copyright law is very unforgiving, and if the original author of
works presses charges against you, there is no such defence as 'sorry I
didn't know'. If you violate copyright you will get sued and charged
with infringement. In civil cases you can even be made to testify
against your own interests.
MYTH: "Copyright theft is not a
If you believe that, try copying a few £20 notes, and see what happens!
MYTH: "I received it in an email - so
I can use it."
To have a copy is not to have the copyright. Technically even the text
in e-mails you receive (or write) are all copyrighted to the original
author. You are
committing an offence by forwarding or extracting this information. But
in reality if someone tries to sue over an ordinary message that has no
commercial value, they would be unlikely to succeed, but you should
always ask first.
Duration of copyright:
The term of protection or duration of copyright varies depending on the
type of copyright work. For copyright works originating outside the UK
or another country of the European Economic Area (EEA), the term of
protection may also be shorter if it is shorter in the country of
origin. There may also be variations in the term where a work was
created before 1 January 1996. But in general, the terms of protection
in the UK are as follows:
Copyright in a literary, dramatic, musical or artistic work lasts for
the life of the author and 70 years from the end of the year in which
Copyright in a film expires 70 years after the end of the year in which
the death occurs of the last to survive of the principal director, the
authors of the screenplay and dialogue, and the composer of any music
specially created for the film.
Copyright in a sound recording expires 50 years from the end of the year
in which it was made or, if published in this time, 50 years from the
end of the year of publication. If not published during that 50 year
period, but it is played in public or communicated to the public during
that period, 50 years from the first of these to happen.
Copyright in a broadcast expires 50 years from the end of the year of
making of the broadcast.
Copyright in a published edition expires 25 years from the end of the
year in which the edition was first published
How to claim compensation for unauthorised use of your original work
There are many websites offering to help
you copyright your original work so as to protect it from theft -
however there is no need to pay good money for this useless service
because your work is automatically copyrighted from the moment YOU
create it. All you have to do is prove it's your own original work and
BUT what happens if someone steals
your work for their own use? They may use something you created like
a image, a piece of text, a design etc on their own website with
consulting you. Recovering money in a court is quite difficult unless
you can prove it's your original work and even then can be traumatic.
This where we can help you. We will make
sure you have a legitimate claim and contact the other party for you
asking them to remove the piece of work from public view and to agree
never to use it again. We will also discuss with you a level of
compensation we think should be claimed back for damages and give them
options on how to make they payment. If they refuse to pay or ignore our
request, we will in some case seek to recover damages through the County
After our fees and expenses have been deducted, you will receive the
balance in your bank.
If you think someone has stolen your work
and you wish to talk about it with us, contact us and we'll get back to