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If your business produces any of the following, they will automatically be protected by copyright once they are 'fixed' in some way, eg written or recorded:

• literary works, including books, webpages, computer programs and instruction manuals
• dramatic and musical works, including the music to songs
• artistic works, including technical drawings, photographs, diagrams and maps
• films, videos and broadcasts, including those on cable and satellite
• sound recordings
• databases, whether paper or electronic
• typographical arrangement or layout of publications

Copyright covers every medium in which work exists, including the internet.

Unlike most other intellectual property rights, copyright does not require registration. It is an automatic right once your work is 'fixed'.

What copyright doesn't cover

Copyright does not protect:

• names, titles, slogans or phrases - you can register these as trade marks
• ideas - see how to protect new product ideas
• products or industrial processes - you may protect these as patents or designs

How long does copyright last?

The period of protection varies according to the type of copyright work. When and where it was created may also be important. In the UK:

• copyright protection for literary, dramatic, musical and artistic works generally lasts for the lifetime of the creator plus 70 years after their death
• copyright in film lasts for 70 years after the death of the last of the following persons: the principal director, author of the screenplay, author of the dialogue or composer of the music
• copyright in sound recordings and broadcasts lasts for 50 years from the date they were made
• copyright for the typographical arrangement of publications lasts for 25 years from the end of the year in which the edition was first published

Copyright protection may last less in other countries. For artistic works, this is usually not less than the life of the artist plus 50 years.

The Intellectual Property Office has issued a . This notice explains how long the copyright lasts in new and existing works.

Contractors, copyright and copyright-related material

Your business owns the copyright in works created by your employees, but contractors typically own the copyright in any work they create for your organisation unless you agree otherwise. See more on contractors and copyright.

You may have files, research and development documentation or accounts that don't qualify for copyright, but could be connected with the particular copyright material you develop. You could consider registering them on an unofficial copyright register.

Copyright can be an important source of income for your business. If your business owns the copyright in a piece of work - eg an advertising jingle, a technical manual, a song lyric or a magazine article - you can control how it's used commercially. For example, you could charge every time someone plays your jingle on the radio, downloads your manual from the internet, makes copies of your song lyrics or reprints your magazine article.

How copyright protects your work

Copyright means that copies of your work:

• cannot be made, issued, rented or loaned without your permission
• may not be adapted, performed or broadcast without your permission

Importantly, it means you can take action to stop any copyright infringement. Since copyright is a private right, it is your responsibility to take action if anyone makes use of the whole or a substantial part of your work without your permission.

Economic rights

Like other intellectual property rights, copyright can be:

• sold
• licensed
• transferred
• inherited

Moral rights

Moral rights are only available for literary, dramatic, musical and artistic works and film, as well as some performances. Moral rights mean you:

• can object to distortions of your work
• have the right to be identified as the author of your work (provided you have clearly declared you want that right)

Unlike economic rights, moral rights cannot be sold or otherwise transferred. However, the rights holder can choose to waive these rights. There are also certain situations where moral rights may not apply. Find out more about .

Copyright collecting societies

In several fields, copyright owners have come together to form collecting societies that work on their behalf to collect royalties by issuing licences. They can simplify the process for copyright owners as well as for those who wish to make repeated use of your original copyright works. Read GOV.UK's guide on .

Copyright is an automatic right in the UK (and much of the rest of the world). Unlike most other intellectual property rights, you don't have to apply for copyright and there is no official register of copyright holders.

Using the copyright symbol

It's a good idea to mark your work with the international copyright symbol © followed by your name and the year of creation. This will identify you as the owner of the copyright which will make it easier for a potential user to seek your permission.

To help show in any legal proceedings that you had created a copyright work, you can also:

• leave a dated copy of your work with a bank or solicitor
• post a copy of your work to yourself by special delivery, leaving the dated package unopened

It is important to note that this does not prove that you are the author or owner of the work.

For non-print material, where the © would not be visible, you could use other ways of presenting copyright information. For example, some websites require users to agree to their copyright terms and conditions before they can actually buy any music or film from their website.

You may also want to include a copyright notice on your website - see our sample website copyright statement.

International copyright protection

Under international copyright conventions, material created by UK nationals or residents is protected in many countries. It may help in certain countries if you have marked your work with the international copyright symbol ©, your name and the year your work was created.

If you think your copyright has been infringed you will need to take action against infringers using the laws of the country in which the alleged breach of your copyright takes place. See more on protecting your intellectual property abroad.

You run the risk of heavy penalties if you infringe copyright. In other words, if you use all or a 'substantial part' of a copyright-protected work without the copyright owner's permission.

What is a 'substantial part'?

A substantial part is not defined in copyright law but has been interpreted by the courts to mean a qualitatively significant part of a work even where this is not a large part of the work. Even a small portion of the whole work may still be considered a substantial part.

What is infringement?

Infringement happens when you, without the permission of the owner:

• copy a work
• sell, rent or lend copies of a work to the public
• perform, show or play a work in public
• broadcast a work
• make an adaptation of a work

If you infringe copyright, you could be taken to court and run the risk of having to pay damages and compensation to the copyright owner. You could also face:

• an injunction preventing you from using the copyright material
• being ordered to surrender the copyright material to the copyright owner

Copyright piracy - a deliberate infringement of copyright when undertaken as part of a trade or business - is a criminal offence punishable by monetary fines and even imprisonment.

Forms of copyright infringement

There are several ways copyright can be infringed. For example, software misuse is a common form of copyright infringement in businesses. This involves making illegal copies of software or breaching the terms of the software licence. 

Another common area of potential copyright infringement for businesses is not having the correct licence when playing music in public. In this situation, whether you play recorded or broadcast music, you will need two licences:

• the first licence covers the rights in the lyrics and music and is administered by the
• the second licence covers the rights of the performers and record producers, and is administered by

The law does not strictly define 'in public' although anything wider than a purely domestic situation such as for your staff, visitors or customers may amount to a 'public performance'.

Get permission from the copyright owner

You must seek the permission of the copyright owner if you want to make, distribute, rent or loan out copies of their work - including work on the internet - or to adapt, perform, show or broadcast it. However, the copyright owner is under no obligation to give such permission.

If you wish to use copyright material, contact the publisher or the author. They will want to know how you intend to use the material, where it is to be published and in what formats, the extent of circulation, eg how many copies, the intended audience, etc.

If they give you permission to use the material, they are likely to ask for the source to be mentioned, and will sometimes specify that this reference must appear in a certain place - eg beneath the photograph, and that you must use the wording they provide.

Sometimes there are organisations that work on behalf of copyright owners and grant licences for use of copyright works. Such an organisation may be able to offer you a blanket licence for use of all copyright work in one particular field.

When you may not need permission

There are occasions when you may not need permission to use someone else's work. To find out when this applies, see copyright exceptions.

If your business creates original works, copyright protection could be an important part of ensuring its success. It might be essential to enforce your rights if a rival with a similar product or service copies your instruction manual or welcome pack, for instance.

Dealing with copyright infringement

If you think your copyright is being infringed, you should first seek legal advice from a specialist who may suggest a first step of sending a carefully worded warning letter to the alleged infringer. They may be genuinely unaware of the infringement or they might stop when they know they've been found out.

If this fails, you should take further legal advice from a specialist. If you go to court and win your case, you could be awarded damages and get an injunction to stop your material from being misused.

Before becoming involved in an expensive court case, you should try to negotiate with the other party and come to some sort of agreement. The courts may look favourably on any party which seeks to resolve the disagreement in this way before taking legal action. Mediation could even lead to you  to the other party.

Copyright notices service

To help you better understand the copyright law, the Intellectual Property Office (IPO) can prepare a , providing detailed guidance on an area of law which is particularly complex or confusing.

Joining an organisation to protect your copyright

Some groups of copyright owners - eg software designers and music producers - can join organisations which help to protect their interests. These organisations are known as licensing bodies. They can in some cases investigate copyright infringement and take action against alleged infringers.

Find out more about .

In most cases, reproducing or using a copyright-protected work without the permission of the copyright owner usually amounts to copyright infringement. However, certain uses of copyright works may not require permission. This may be the case if:

• less than a 'substantial part' of a copyrighted work is being used
• exceptions to copyright apply

Exceptions to copyright

Certain types of uses may be exempt from copyright law provisions. Use of a part or all of a copyrighted work may be permitted for:

• non-commercial research and private study
• text and data-mining for non-commercial research
• fair dealing for criticism, review and reporting current events
• education and teaching
• helping disabled people, eg visually-impaired or deaf people
• time-shifting - ie recording of a broadcast in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time
• caricature, parody or pastiche

Find detailed guidance on

Fair dealing

Certain exceptions only apply if the use of the work is considered a 'fair dealing'. There is no statutory definition of fair dealing. Key questions that can help you determine if the use constitutes fair dealing are:

• Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
• Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually, only part of a work may be used.

Sufficient acknowledgement

If you're relying on certain exceptions to copy someone else's work, it may be necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a substantial part of a work for the purposes of criticism or review, or where the use was for the purposes of news reporting. However, such acknowledgement is not required where it is impossible for reasons of practicality.

Exceptions if you own copyright

If someone wants to use your work and you are the copyright owner, in most cases, you will be able to prohibit or license such use. However, you should check that the use doesn't fall within one of the exceptions to copyright. If it does, the user may be within their rights to use your work without your permission or licence.

If you believe that a copyright exception doesn't apply and that your rights may have been infringed, you may need to consider if enforcement actions are appropriate. For guidance on this, see how to enforce your copyright.

If one of your employees creates an original work while working for you, the copyright will normally belong to your business. If you use contractors, the law says that the creator (in this case the contractor) is the first owner of the copyright in a work. Therefore, unless you specify otherwise in a contract, it is likely that the contractor who creates original works for you will own the copyright in them.

Copyright in contracts

If you use contractors on a regular basis, you should consider including clauses in your contract with them to ensure that the copyright in the work is transferred to your business. This must be in writing and signed by the contractor. In any event, you should make the copyright situation clear in writing if you use a contractor to:

• design your website
• write or design your promotional material
• write software for your business
• take photographs for your business

In these situations, a good contract can save you the considerable expense of a copyright dispute. It is worth seeking specialist legal advice in cases of potential copyright infringement.

Implied licence

If your business commissioned a work and the commissioning contract did not deal specifically with copyright, an 'implied licence' to use the copyrighted work might arise. This could also happen when there is nothing in writing granting you a licence, and even where you have not agreed a licence verbally with the copyright owner.

In both of these cases, you have an explicit licence, although where there is nothing in writing there may, of course, be a disagreement later about whether there is a licence at all. It is always better to ensure that any agreement about copyright or any licence is recorded in some way.

You will only be able to argue that you have an implied licence where all the circumstances suggest that the copyright owner expected you to use his or her copyright material in the way you are going to use it even though this was never discussed and has not been written down anywhere.