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Copyright protects your work and stops others from using it without your permission. Copyright protection applies automatically when you create certain types of work such as literary, dramatic, musical, artistic work and more. Copyright applies from the moment this work is fixed in a 'tangible form of expression', eg in a paper copy, digital file, video or audio recording, sheet music, etc.

Who owns copyright

Before you can use a copyright work, you have to be sure that you own it. Ownership may depend on the circumstances under which the work was created. Generally, the originator - ie the person who created the work - is the first owner of the copyright. This rule also applies to commissioned works, unless it is otherwise agreed. However, if a work is created as part of a contract of employment, then the employer is the first owner of these rights, unless agreed otherwise with the creator.

It is possible for two or more people to be joint creators or owners of copyright. Find out more about contractors and copyright and read about .

How can you use copyright

Copyright is a form of intellectual property. You can buy it, sell it, transfer it or inherit it like any other form of property. If you own copyright, you have certain rights to decide if and how others can use your copyright work. 

For example, you could market your work yourself to gain the rewards for your efforts. Or, you may decide to involve others in exploiting, developing or marketing your copyright. To help you decide how to use copyright, it's important to understand:

• how to license your copyright
• how to sell or transfer your copyright
• how to license or buy other people's copyright

You may also want to read about your economic rights from owning copyright.

As a copyright owner, you can decide to pass on or share your copyright with others. You can do this by selling or transferring your copyright, or licensing it to other users. The information below explains what you must know if you wish to license your copyright to others.

Licensing your copyright

A licence is a contractual agreement between the copyright owner and the copyright user. A licence:

• sets out what the user can do with a copyrighted work
• relates to one or more of your economic rights from owning copyright
• can be limited in time or any other way

Contractual agreements are likely to be important when you:

• need a partner to help exploit the copyright work
• wish to negotiate the sale or other transfer of the copyright
• wish to agree a licence with someone else who wants to use the copyright work
• would like a collecting society to administer some or all of the economic rights

In some cases, it might be important to get an agreement or contract of confidentiality while negotiating copyright matters, especially if the work has not been published.

Types of copyright licences

Depending on the type of work and owner's needs, different types of copyright licences exist including:

• exclusive licence
• limited use licence
• Creative Commons licence
• collective licences

If you'd like to learn about the assignment of copyright to others, see how to sell or transfer your copyright.

Copyright licensing is a common method for gaining and transferring rights of copyright works. If you wish to use copyright material, you usually need to get permission from the rights holder to do so. Usually, this permission takes the form of a licence (unless one of the limited copyright exceptions applies).

There are several common types of copyright licences.

Exclusive licence

The exclusive licence allows the licensee to make use of the copyright work to the exclusion of everyone else, including the copyright owner. An exclusive licence may:

• be limited in time or some other way
• cover one or all of the economic rights in the work - for example, it may or may not allow sub-licensing

Limited use licence

A limited use licence is where a copyright owner allows a work to be used only in a specific way. A typical example is where permission is granted to use a photograph in the production of a brochure, but if it is then used in an advertisement or on a website, a further licence will be needed.

Creative Commons licence

Some creators of work allow users to have free access and make use of their work by granting a . These licences enable people to share and build on the work of other people by remixing or rebuilding.

Collecting societies

For some copyright owners, it is difficult and potentially expensive to licence individual users, so they have grouped together to form organisations known as collecting societies and licensing bodies.

A copyright owner can sell or transfer their rights to someone else. This is known as a copyright assignment. Assignment can take place in several ways:

• Automatic assignment - where ownership of copyright transfers automatically to a third party, eg by inheritance or by insolvency.
• Elective assignment - where a copyright owner chooses to transfer their rights, either by sale or by gift. For this to be valid, the assignment must be in writing and signed by (or on behalf of) the original copyright owner.
• Partial assignment - where the owner wishes to assign only a part of your copyright. For example, assign the right to copy the work to a publisher, and the right to make adaptations of the work to a film company.

Copyright assignment vs copyright licence

Copyright assignment and copyright licence contrast greatly in measure and in finality:

Assignment

An assignment of copyright is like the sale of personal property. When you sell your rights to a third party, you can no longer exercise control over how the third party uses those rights.

Licensing

A licence is an agreement where you maintain ownership of the rights involved, but allow a third party to exercise some or all of those rights without fear of a copyright infringement suit.

If you wish to maintain some ownership over your copyright, or control over how the third party uses your rights, you may wish to opt for licensing instead of copyright assignment. Find out how to license your copyright.

Moral rights in copyright transfers

With certain copyright material, you may retain moral rights to the works even if you sell the copyright. See more on moral rights in your economic rights from owning copyright.

If all or a substantial part of your copyright work is used without your permission, your rights may have been infringed - unless the copying falls within the scope of one of the copyright exceptions.

Even a small portion of the whole work could qualify as a substantial part if it is 'qualitatively significant'. If you suspect copyright infringement, you may be able to do several things.

Mediation

Mediation is a form of alternative dispute resolution and a way to resolve copyright disputes without going to court. The mediator's job is to help both parties work out possible solutions and come to an agreement.

The Intellectual Property Office (IPO) has a and can supply a list of other mediation providers. For more information, call the IPO Mediation Service on Tel 0300 300 2000 or email them at mediation@ipo.gov.uk. 

Organisations representing copyright owners may also advise you on how to enforce your rights. These are known as collecting societies and licensing bodies.

Copyright infringement cases

If you can't settle your copyright dispute through mediation, you can take civil action. The courts can:

• grant an injunction to stop the other person further infringing your copyright material
• award you damages
• make the infringing party give up the goods to you

Counterfeiting and piracy

Deliberate infringement of copyright on a commercial scale - known as copyright piracy - may be a criminal offence. It is similar to trade mark counterfeiting, and the two often overlap.

If you think that your copyright is being infringed on a large scale, you should inform the police or local trading standards. They can decide whether to take action, but will probably need your full co-operation, such as:

• providing good intelligence about the crime
• helping to identify infringing goods
• helping prepare evidence
• being prepared to appear in court

Even if the police or trading standards officers do not take any action, you could still consider a private criminal prosecution. However, should you proceed in this way, you may still pursue a civil action against the alleged infringer.

If you suspect that your copyright may be at risk abroad, take steps to protect your copyright overseas.

Copyright is a proprietary right existing in original literary, dramatic, musical and artistic work. As a copyright owner, you have the exclusive right to do certain 'restricted acts' in respect of your work. For example, you can allow or prohibit:

• copying of your work - including photocopying, reproducing by handwriting, typing or scanning into a computer, and taping live or recorded music
• issuing copies of the work to the public
• renting or lending copies to the public - unless the work is lent under the Public Lending Right Scheme, which does not infringe copyright
• performing, showing or playing the work in public - eg performing plays and music, playing sound recordings and showing films or videos in public, letting a broadcast be seen or heard in public
• electronic broadcasting of the work to the public - eg putting copyright material on the internet or using it in an on-demand service
• adapting the work - eg translating a literary or dramatic work, transcribing a musical work or converting a computer program into a different computer language or code

Unless it falls under copyright exceptions, it is an infringement of copyright to do any of the above acts without the permission of the copyright owner.

Other rights in the creation of copyright works

As well as copyright, there are other important rights associated with the creation of works:

Moral rights

Unlike copyright, you can't transfer or sell these, but you can waive them. They give the creator the right to be acknowledged as the originator and to object to derogatory treatment of the work.

Performers' rights

Performers have various rights in their performances and an interest in the recordings or broadcasts. In some cases, the performance itself can be copyrighted and the performer has a right to control the way in which the performance is broadcast.

Publication right

The first time a work is published, even if the copyright has expired, the publisher has certain rights that are equivalent to copyright but with a shorter term.

Database right

This right protects someone who creates or arranges a database, often of copyright work. For example, a definitive database of poetry, paintings or other artistic work. See more on database rights.

In addition to these legal rights, copyright owners can use other forms of protection to prevent unauthorised use of their work, including:

• conditional access technology - for providing the right to view or listen to encrypted broadcasts or webcasts
• copy protection devices for digital content - to prevent copying of disks, tapes and other digital material

Read more about how to enforce your copyright.

You can usually get permission to use someone else's copyright by buying the rights from them or getting their permission to use it. Using someone's copyright without their permission results in intellectual property infringement and could lead to a fine, prison or both.

Permitted use of copyright

In certain cases, you may be able to use copyright work without the owner's explicit permission. This is only the case if the purpose of the use falls under a specific category of copyright exceptions, eg for educational purposes. For the majority of uses, however, you will only be able to use copyright work lawfully with the permission of the owner.

Licensing other people's copyright

To permit you to use their copyright, the owner may ask you to buy it or, more usually, license it for the use you propose.

A licence is a type of a contractual agreement between you and the copyright owner. There are a number of different types of copyright licences. You will have to seek out the owner to find out:

• if they are willing to license their work to you
• what they will allow you to do with their work
• if any limitations will apply

Finding a copyright owner isn't always straightforward, especially where there may be joint copyright owners who may need to give their permission. For example, in a CD there may be the rights of the performers, record producer, lyricists, composer and music publishers.

Sometimes owners of particular types of copyright choose to license their works through collecting societies and licensing bodies.

Buying other people's copyright

As with any other property, you can buy, sell, transfer, inherit or give away copyright. This is known as an 'assignment of copyright' and usually involves signing a contract between the former and new owner. Typical assignments are agreed between creative people and businesses which commission work.

In addition to the economic rights to control the copying and distribution of their works, you will also have to keep in mind the creators' moral rights when using their material. 

If you want to use copyright material, you first need to find its rightful owner. You will have to seek their permission before using the work to make sure that you don't infringe on their rights. The owner is not necessarily the creator of the work, but could be:

• the creator's heirs
• the creator's employer
• someone who has bought the copyright, or who has an exclusive licence
• a collective licensing society

Because copyright applies automatically and there is no need to register it, it is sometimes difficult to find the originator of work.

Duration of copyright

Depending on the type of copyright work, copyright can last for 70 years after the death of the creator or copyright owner. If a company owns the copyright work and it goes out of business, the rights continue in the same way, as an asset of the company.

Once copyright expires, the work falls into the public domain and becomes available to anyone wishing to use, copy or reproduce it.

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

How to find who owns copyright

There are a number of ways of finding the owner of a piece of copyright work. For example:

• speak to professional organisations, eg collecting societies and licensing bodies
• contact the principal publishers of the author
• contact their agent or representative, if possible
• search the internet for possible references
• look for the originator's family members
• contact archivists responsible for major collections of an author's papers
• check authors' directories such as Gale's

Using copyright work if you can't find the owner

Use of a work still in copyright without the specific consent of the copyright owner may be an infringement. Depending on the circumstances this may be a civil matter or could result in criminal prosecution. You should take legal advice before using any material that may be subject to copyright. If you can't find out who the copyright owner is, you may want to check if you need an orphan works licence licence to use the work. 

If you wish to use copyright material, you usually need to get permission from its owner. You can do this directly with the owner, or through a certain type of intermediary organisation. These organisations are known under various terms, including:

• licensing bodies
• collecting societies
• collective management organisations

What is the role of collecting societies?

They offer licences for the use of copyright work and specialise in certain areas of copyright, including:

• printed material, such as in books and journals
• artistic works and characters
• broadcast material, including terrestrial or satellite broadcasts
• film, eg the showing of a film in public places, cable retransmission and certain uses of music videos

Collecting societies can:

• agree licences with users on behalf of owners
• collect any royalties the owners are owed
• offer a blanket licence for all the works by owners it represents in some cases - eg for music to be played in a shop or restaurant

For more information, see GOV.UK's guide on .

If you publish original work in a digital form, you can use technological protection measures to prevent unlawful use of your material. These are commonly known as copy protection devices or digital rights management systems (DRMs).

Types of digital rights management systems

Digital rights management systems cover a range of technologies, such as:

• systems to identify owners' rights and give information on licensing - eg to enable collecting societies to accurately pay royalties
• copy protection systems to prevent unauthorised copying - eg to prevent consumers from transferring films stored on DVD to a computer hard drive

DRMs can have an important role in enabling copyright owners to offer content to consumers in different ways, while protecting their rights.

Taking infringement action

If you sell protected copies of your work, you may have the right to take action against a person who gets around or removes the technological measures. Criminal offences may also apply to those who deal in the means to get around technological measures.

Copy protection and copyright exceptions

Although it may be legitimate for right holders to use these tools to prevent copyright infringement, they can also prevent permitted activities that fall under copyright exceptions.

If you feel that your use falls under one of the exceptions, you may request a workaround to the protection measures from the right holder. If they do not provide an effective workaround, you may be able to complain. You should follow the formal .

Copyright protects your work and stops others from using it without your permission. Copyright protection applies automatically when you create certain types of work such as literary, dramatic, musical, artistic work and more. Copyright applies from the moment this work is fixed in a 'tangible form of expression', eg in a paper copy, digital file, video or audio recording, sheet music, etc.

Who owns copyright

Before you can use a copyright work, you have to be sure that you own it. Ownership may depend on the circumstances under which the work was created. Generally, the originator - ie the person who created the work - is the first owner of the copyright. This rule also applies to commissioned works, unless it is otherwise agreed. However, if a work is created as part of a contract of employment, then the employer is the first owner of these rights, unless agreed otherwise with the creator.

It is possible for two or more people to be joint creators or owners of copyright. Find out more about contractors and copyright and read about .

How can you use copyright

Copyright is a form of intellectual property. You can buy it, sell it, transfer it or inherit it like any other form of property. If you own copyright, you have certain rights to decide if and how others can use your copyright work. 

For example, you could market your work yourself to gain the rewards for your efforts. Or, you may decide to involve others in exploiting, developing or marketing your copyright. To help you decide how to use copyright, it's important to understand:

• how to license your copyright
• how to sell or transfer your copyright
• how to license or buy other people's copyright

You may also want to read about your economic rights from owning copyright.

As a copyright owner, you can decide to pass on or share your copyright with others. You can do this by selling or transferring your copyright, or licensing it to other users. The information below explains what you must know if you wish to license your copyright to others.

Licensing your copyright

A licence is a contractual agreement between the copyright owner and the copyright user. A licence:

• sets out what the user can do with a copyrighted work
• relates to one or more of your economic rights from owning copyright
• can be limited in time or any other way

Contractual agreements are likely to be important when you:

• need a partner to help exploit the copyright work
• wish to negotiate the sale or other transfer of the copyright
• wish to agree a licence with someone else who wants to use the copyright work
• would like a collecting society to administer some or all of the economic rights

In some cases, it might be important to get an agreement or contract of confidentiality while negotiating copyright matters, especially if the work has not been published.

Types of copyright licences

Depending on the type of work and owner's needs, different types of copyright licences exist including:

• exclusive licence
• limited use licence
• Creative Commons licence
• collective licences

If you'd like to learn about the assignment of copyright to others, see how to sell or transfer your copyright.

Copyright licensing is a common method for gaining and transferring rights of copyright works. If you wish to use copyright material, you usually need to get permission from the rights holder to do so. Usually, this permission takes the form of a licence (unless one of the limited copyright exceptions applies).

There are several common types of copyright licences.

Exclusive licence

The exclusive licence allows the licensee to make use of the copyright work to the exclusion of everyone else, including the copyright owner. An exclusive licence may:

• be limited in time or some other way
• cover one or all of the economic rights in the work - for example, it may or may not allow sub-licensing

Limited use licence

A limited use licence is where a copyright owner allows a work to be used only in a specific way. A typical example is where permission is granted to use a photograph in the production of a brochure, but if it is then used in an advertisement or on a website, a further licence will be needed.

Creative Commons licence

Some creators of work allow users to have free access and make use of their work by granting a . These licences enable people to share and build on the work of other people by remixing or rebuilding.

Collecting societies

For some copyright owners, it is difficult and potentially expensive to licence individual users, so they have grouped together to form organisations known as collecting societies and licensing bodies.

A copyright owner can sell or transfer their rights to someone else. This is known as a copyright assignment. Assignment can take place in several ways:

• Automatic assignment - where ownership of copyright transfers automatically to a third party, eg by inheritance or by insolvency.
• Elective assignment - where a copyright owner chooses to transfer their rights, either by sale or by gift. For this to be valid, the assignment must be in writing and signed by (or on behalf of) the original copyright owner.
• Partial assignment - where the owner wishes to assign only a part of your copyright. For example, assign the right to copy the work to a publisher, and the right to make adaptations of the work to a film company.

Copyright assignment vs copyright licence

Copyright assignment and copyright licence contrast greatly in measure and in finality:

Assignment

An assignment of copyright is like the sale of personal property. When you sell your rights to a third party, you can no longer exercise control over how the third party uses those rights.

Licensing

A licence is an agreement where you maintain ownership of the rights involved, but allow a third party to exercise some or all of those rights without fear of a copyright infringement suit.

If you wish to maintain some ownership over your copyright, or control over how the third party uses your rights, you may wish to opt for licensing instead of copyright assignment. Find out how to license your copyright.

Moral rights in copyright transfers

With certain copyright material, you may retain moral rights to the works even if you sell the copyright. See more on moral rights in your economic rights from owning copyright.

If all or a substantial part of your copyright work is used without your permission, your rights may have been infringed - unless the copying falls within the scope of one of the copyright exceptions.

Even a small portion of the whole work could qualify as a substantial part if it is 'qualitatively significant'. If you suspect copyright infringement, you may be able to do several things.

Mediation

Mediation is a form of alternative dispute resolution and a way to resolve copyright disputes without going to court. The mediator's job is to help both parties work out possible solutions and come to an agreement.

The Intellectual Property Office (IPO) has a and can supply a list of other mediation providers. For more information, call the IPO Mediation Service on Tel 0300 300 2000 or email them at mediation@ipo.gov.uk. 

Organisations representing copyright owners may also advise you on how to enforce your rights. These are known as collecting societies and licensing bodies.

Copyright infringement cases

If you can't settle your copyright dispute through mediation, you can take civil action. The courts can:

• grant an injunction to stop the other person further infringing your copyright material
• award you damages
• make the infringing party give up the goods to you

Counterfeiting and piracy

Deliberate infringement of copyright on a commercial scale - known as copyright piracy - may be a criminal offence. It is similar to trade mark counterfeiting, and the two often overlap.

If you think that your copyright is being infringed on a large scale, you should inform the police or local trading standards. They can decide whether to take action, but will probably need your full co-operation, such as:

• providing good intelligence about the crime
• helping to identify infringing goods
• helping prepare evidence
• being prepared to appear in court

Even if the police or trading standards officers do not take any action, you could still consider a private criminal prosecution. However, should you proceed in this way, you may still pursue a civil action against the alleged infringer.

If you suspect that your copyright may be at risk abroad, take steps to protect your copyright overseas.

Copyright is a proprietary right existing in original literary, dramatic, musical and artistic work. As a copyright owner, you have the exclusive right to do certain 'restricted acts' in respect of your work. For example, you can allow or prohibit:

• copying of your work - including photocopying, reproducing by handwriting, typing or scanning into a computer, and taping live or recorded music
• issuing copies of the work to the public
• renting or lending copies to the public - unless the work is lent under the Public Lending Right Scheme, which does not infringe copyright
• performing, showing or playing the work in public - eg performing plays and music, playing sound recordings and showing films or videos in public, letting a broadcast be seen or heard in public
• electronic broadcasting of the work to the public - eg putting copyright material on the internet or using it in an on-demand service
• adapting the work - eg translating a literary or dramatic work, transcribing a musical work or converting a computer program into a different computer language or code

Unless it falls under copyright exceptions, it is an infringement of copyright to do any of the above acts without the permission of the copyright owner.

Other rights in the creation of copyright works

As well as copyright, there are other important rights associated with the creation of works:

Moral rights

Unlike copyright, you can't transfer or sell these, but you can waive them. They give the creator the right to be acknowledged as the originator and to object to derogatory treatment of the work.

Performers' rights

Performers have various rights in their performances and an interest in the recordings or broadcasts. In some cases, the performance itself can be copyrighted and the performer has a right to control the way in which the performance is broadcast.

Publication right

The first time a work is published, even if the copyright has expired, the publisher has certain rights that are equivalent to copyright but with a shorter term.

Database right

This right protects someone who creates or arranges a database, often of copyright work. For example, a definitive database of poetry, paintings or other artistic work. See more on database rights.

In addition to these legal rights, copyright owners can use other forms of protection to prevent unauthorised use of their work, including:

• conditional access technology - for providing the right to view or listen to encrypted broadcasts or webcasts
• copy protection devices for digital content - to prevent copying of disks, tapes and other digital material

Read more about how to enforce your copyright.

You can usually get permission to use someone else's copyright by buying the rights from them or getting their permission to use it. Using someone's copyright without their permission results in intellectual property infringement and could lead to a fine, prison or both.

Permitted use of copyright

In certain cases, you may be able to use copyright work without the owner's explicit permission. This is only the case if the purpose of the use falls under a specific category of copyright exceptions, eg for educational purposes. For the majority of uses, however, you will only be able to use copyright work lawfully with the permission of the owner.

Licensing other people's copyright

To permit you to use their copyright, the owner may ask you to buy it or, more usually, license it for the use you propose.

A licence is a type of a contractual agreement between you and the copyright owner. There are a number of different types of copyright licences. You will have to seek out the owner to find out:

• if they are willing to license their work to you
• what they will allow you to do with their work
• if any limitations will apply

Finding a copyright owner isn't always straightforward, especially where there may be joint copyright owners who may need to give their permission. For example, in a CD there may be the rights of the performers, record producer, lyricists, composer and music publishers.

Sometimes owners of particular types of copyright choose to license their works through collecting societies and licensing bodies.

Buying other people's copyright

As with any other property, you can buy, sell, transfer, inherit or give away copyright. This is known as an 'assignment of copyright' and usually involves signing a contract between the former and new owner. Typical assignments are agreed between creative people and businesses which commission work.

In addition to the economic rights to control the copying and distribution of their works, you will also have to keep in mind the creators' moral rights when using their material. 

If you want to use copyright material, you first need to find its rightful owner. You will have to seek their permission before using the work to make sure that you don't infringe on their rights. The owner is not necessarily the creator of the work, but could be:

• the creator's heirs
• the creator's employer
• someone who has bought the copyright, or who has an exclusive licence
• a collective licensing society

Because copyright applies automatically and there is no need to register it, it is sometimes difficult to find the originator of work.

Duration of copyright

Depending on the type of copyright work, copyright can last for 70 years after the death of the creator or copyright owner. If a company owns the copyright work and it goes out of business, the rights continue in the same way, as an asset of the company.

Once copyright expires, the work falls into the public domain and becomes available to anyone wishing to use, copy or reproduce it.

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

How to find who owns copyright

There are a number of ways of finding the owner of a piece of copyright work. For example:

• speak to professional organisations, eg collecting societies and licensing bodies
• contact the principal publishers of the author
• contact their agent or representative, if possible
• search the internet for possible references
• look for the originator's family members
• contact archivists responsible for major collections of an author's papers
• check authors' directories such as Gale's

Using copyright work if you can't find the owner

Use of a work still in copyright without the specific consent of the copyright owner may be an infringement. Depending on the circumstances this may be a civil matter or could result in criminal prosecution. You should take legal advice before using any material that may be subject to copyright. If you can't find out who the copyright owner is, you may want to check if you need an orphan works licence licence to use the work. 

If you wish to use copyright material, you usually need to get permission from its owner. You can do this directly with the owner, or through a certain type of intermediary organisation. These organisations are known under various terms, including:

• licensing bodies
• collecting societies
• collective management organisations

What is the role of collecting societies?

They offer licences for the use of copyright work and specialise in certain areas of copyright, including:

• printed material, such as in books and journals
• artistic works and characters
• broadcast material, including terrestrial or satellite broadcasts
• film, eg the showing of a film in public places, cable retransmission and certain uses of music videos

Collecting societies can:

• agree licences with users on behalf of owners
• collect any royalties the owners are owed
• offer a blanket licence for all the works by owners it represents in some cases - eg for music to be played in a shop or restaurant

For more information, see GOV.UK's guide on .

If you publish original work in a digital form, you can use technological protection measures to prevent unlawful use of your material. These are commonly known as copy protection devices or digital rights management systems (DRMs).

Types of digital rights management systems

Digital rights management systems cover a range of technologies, such as:

• systems to identify owners' rights and give information on licensing - eg to enable collecting societies to accurately pay royalties
• copy protection systems to prevent unauthorised copying - eg to prevent consumers from transferring films stored on DVD to a computer hard drive

DRMs can have an important role in enabling copyright owners to offer content to consumers in different ways, while protecting their rights.

Taking infringement action

If you sell protected copies of your work, you may have the right to take action against a person who gets around or removes the technological measures. Criminal offences may also apply to those who deal in the means to get around technological measures.

Copy protection and copyright exceptions

Although it may be legitimate for right holders to use these tools to prevent copyright infringement, they can also prevent permitted activities that fall under copyright exceptions.

If you feel that your use falls under one of the exceptions, you may request a workaround to the protection measures from the right holder. If they do not provide an effective workaround, you may be able to complain. You should follow the formal .

Copyright protects your work and stops others from using it without your permission. Copyright protection applies automatically when you create certain types of work such as literary, dramatic, musical, artistic work and more. Copyright applies from the moment this work is fixed in a 'tangible form of expression', eg in a paper copy, digital file, video or audio recording, sheet music, etc.

Who owns copyright

Before you can use a copyright work, you have to be sure that you own it. Ownership may depend on the circumstances under which the work was created. Generally, the originator - ie the person who created the work - is the first owner of the copyright. This rule also applies to commissioned works, unless it is otherwise agreed. However, if a work is created as part of a contract of employment, then the employer is the first owner of these rights, unless agreed otherwise with the creator.

It is possible for two or more people to be joint creators or owners of copyright. Find out more about contractors and copyright and read about .

How can you use copyright

Copyright is a form of intellectual property. You can buy it, sell it, transfer it or inherit it like any other form of property. If you own copyright, you have certain rights to decide if and how others can use your copyright work. 

For example, you could market your work yourself to gain the rewards for your efforts. Or, you may decide to involve others in exploiting, developing or marketing your copyright. To help you decide how to use copyright, it's important to understand:

• how to license your copyright
• how to sell or transfer your copyright
• how to license or buy other people's copyright

You may also want to read about your economic rights from owning copyright.

As a copyright owner, you can decide to pass on or share your copyright with others. You can do this by selling or transferring your copyright, or licensing it to other users. The information below explains what you must know if you wish to license your copyright to others.

Licensing your copyright

A licence is a contractual agreement between the copyright owner and the copyright user. A licence:

• sets out what the user can do with a copyrighted work
• relates to one or more of your economic rights from owning copyright
• can be limited in time or any other way

Contractual agreements are likely to be important when you:

• need a partner to help exploit the copyright work
• wish to negotiate the sale or other transfer of the copyright
• wish to agree a licence with someone else who wants to use the copyright work
• would like a collecting society to administer some or all of the economic rights

In some cases, it might be important to get an agreement or contract of confidentiality while negotiating copyright matters, especially if the work has not been published.

Types of copyright licences

Depending on the type of work and owner's needs, different types of copyright licences exist including:

• exclusive licence
• limited use licence
• Creative Commons licence
• collective licences

If you'd like to learn about the assignment of copyright to others, see how to sell or transfer your copyright.

Copyright licensing is a common method for gaining and transferring rights of copyright works. If you wish to use copyright material, you usually need to get permission from the rights holder to do so. Usually, this permission takes the form of a licence (unless one of the limited copyright exceptions applies).

There are several common types of copyright licences.

Exclusive licence

The exclusive licence allows the licensee to make use of the copyright work to the exclusion of everyone else, including the copyright owner. An exclusive licence may:

• be limited in time or some other way
• cover one or all of the economic rights in the work - for example, it may or may not allow sub-licensing

Limited use licence

A limited use licence is where a copyright owner allows a work to be used only in a specific way. A typical example is where permission is granted to use a photograph in the production of a brochure, but if it is then used in an advertisement or on a website, a further licence will be needed.

Creative Commons licence

Some creators of work allow users to have free access and make use of their work by granting a . These licences enable people to share and build on the work of other people by remixing or rebuilding.

Collecting societies

For some copyright owners, it is difficult and potentially expensive to licence individual users, so they have grouped together to form organisations known as collecting societies and licensing bodies.

A copyright owner can sell or transfer their rights to someone else. This is known as a copyright assignment. Assignment can take place in several ways:

• Automatic assignment - where ownership of copyright transfers automatically to a third party, eg by inheritance or by insolvency.
• Elective assignment - where a copyright owner chooses to transfer their rights, either by sale or by gift. For this to be valid, the assignment must be in writing and signed by (or on behalf of) the original copyright owner.
• Partial assignment - where the owner wishes to assign only a part of your copyright. For example, assign the right to copy the work to a publisher, and the right to make adaptations of the work to a film company.

Copyright assignment vs copyright licence

Copyright assignment and copyright licence contrast greatly in measure and in finality:

Assignment

An assignment of copyright is like the sale of personal property. When you sell your rights to a third party, you can no longer exercise control over how the third party uses those rights.

Licensing

A licence is an agreement where you maintain ownership of the rights involved, but allow a third party to exercise some or all of those rights without fear of a copyright infringement suit.

If you wish to maintain some ownership over your copyright, or control over how the third party uses your rights, you may wish to opt for licensing instead of copyright assignment. Find out how to license your copyright.

Moral rights in copyright transfers

With certain copyright material, you may retain moral rights to the works even if you sell the copyright. See more on moral rights in your economic rights from owning copyright.

If all or a substantial part of your copyright work is used without your permission, your rights may have been infringed - unless the copying falls within the scope of one of the copyright exceptions.

Even a small portion of the whole work could qualify as a substantial part if it is 'qualitatively significant'. If you suspect copyright infringement, you may be able to do several things.

Mediation

Mediation is a form of alternative dispute resolution and a way to resolve copyright disputes without going to court. The mediator's job is to help both parties work out possible solutions and come to an agreement.

The Intellectual Property Office (IPO) has a and can supply a list of other mediation providers. For more information, call the IPO Mediation Service on Tel 0300 300 2000 or email them at mediation@ipo.gov.uk. 

Organisations representing copyright owners may also advise you on how to enforce your rights. These are known as collecting societies and licensing bodies.

Copyright infringement cases

If you can't settle your copyright dispute through mediation, you can take civil action. The courts can:

• grant an injunction to stop the other person further infringing your copyright material
• award you damages
• make the infringing party give up the goods to you

Counterfeiting and piracy

Deliberate infringement of copyright on a commercial scale - known as copyright piracy - may be a criminal offence. It is similar to trade mark counterfeiting, and the two often overlap.

If you think that your copyright is being infringed on a large scale, you should inform the police or local trading standards. They can decide whether to take action, but will probably need your full co-operation, such as:

• providing good intelligence about the crime
• helping to identify infringing goods
• helping prepare evidence
• being prepared to appear in court

Even if the police or trading standards officers do not take any action, you could still consider a private criminal prosecution. However, should you proceed in this way, you may still pursue a civil action against the alleged infringer.

If you suspect that your copyright may be at risk abroad, take steps to protect your copyright overseas.

Copyright is a proprietary right existing in original literary, dramatic, musical and artistic work. As a copyright owner, you have the exclusive right to do certain 'restricted acts' in respect of your work. For example, you can allow or prohibit:

• copying of your work - including photocopying, reproducing by handwriting, typing or scanning into a computer, and taping live or recorded music
• issuing copies of the work to the public
• renting or lending copies to the public - unless the work is lent under the Public Lending Right Scheme, which does not infringe copyright
• performing, showing or playing the work in public - eg performing plays and music, playing sound recordings and showing films or videos in public, letting a broadcast be seen or heard in public
• electronic broadcasting of the work to the public - eg putting copyright material on the internet or using it in an on-demand service
• adapting the work - eg translating a literary or dramatic work, transcribing a musical work or converting a computer program into a different computer language or code

Unless it falls under copyright exceptions, it is an infringement of copyright to do any of the above acts without the permission of the copyright owner.

Other rights in the creation of copyright works

As well as copyright, there are other important rights associated with the creation of works:

Moral rights

Unlike copyright, you can't transfer or sell these, but you can waive them. They give the creator the right to be acknowledged as the originator and to object to derogatory treatment of the work.

Performers' rights

Performers have various rights in their performances and an interest in the recordings or broadcasts. In some cases, the performance itself can be copyrighted and the performer has a right to control the way in which the performance is broadcast.

Publication right

The first time a work is published, even if the copyright has expired, the publisher has certain rights that are equivalent to copyright but with a shorter term.

Database right

This right protects someone who creates or arranges a database, often of copyright work. For example, a definitive database of poetry, paintings or other artistic work. See more on database rights.

In addition to these legal rights, copyright owners can use other forms of protection to prevent unauthorised use of their work, including:

• conditional access technology - for providing the right to view or listen to encrypted broadcasts or webcasts
• copy protection devices for digital content - to prevent copying of disks, tapes and other digital material

Read more about how to enforce your copyright.

You can usually get permission to use someone else's copyright by buying the rights from them or getting their permission to use it. Using someone's copyright without their permission results in intellectual property infringement and could lead to a fine, prison or both.

Permitted use of copyright

In certain cases, you may be able to use copyright work without the owner's explicit permission. This is only the case if the purpose of the use falls under a specific category of copyright exceptions, eg for educational purposes. For the majority of uses, however, you will only be able to use copyright work lawfully with the permission of the owner.

Licensing other people's copyright

To permit you to use their copyright, the owner may ask you to buy it or, more usually, license it for the use you propose.

A licence is a type of a contractual agreement between you and the copyright owner. There are a number of different types of copyright licences. You will have to seek out the owner to find out:

• if they are willing to license their work to you
• what they will allow you to do with their work
• if any limitations will apply

Finding a copyright owner isn't always straightforward, especially where there may be joint copyright owners who may need to give their permission. For example, in a CD there may be the rights of the performers, record producer, lyricists, composer and music publishers.

Sometimes owners of particular types of copyright choose to license their works through collecting societies and licensing bodies.

Buying other people's copyright

As with any other property, you can buy, sell, transfer, inherit or give away copyright. This is known as an 'assignment of copyright' and usually involves signing a contract between the former and new owner. Typical assignments are agreed between creative people and businesses which commission work.

In addition to the economic rights to control the copying and distribution of their works, you will also have to keep in mind the creators' moral rights when using their material. 

If you want to use copyright material, you first need to find its rightful owner. You will have to seek their permission before using the work to make sure that you don't infringe on their rights. The owner is not necessarily the creator of the work, but could be:

• the creator's heirs
• the creator's employer
• someone who has bought the copyright, or who has an exclusive licence
• a collective licensing society

Because copyright applies automatically and there is no need to register it, it is sometimes difficult to find the originator of work.

Duration of copyright

Depending on the type of copyright work, copyright can last for 70 years after the death of the creator or copyright owner. If a company owns the copyright work and it goes out of business, the rights continue in the same way, as an asset of the company.

Once copyright expires, the work falls into the public domain and becomes available to anyone wishing to use, copy or reproduce it.

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

How to find who owns copyright

There are a number of ways of finding the owner of a piece of copyright work. For example:

• speak to professional organisations, eg collecting societies and licensing bodies
• contact the principal publishers of the author
• contact their agent or representative, if possible
• search the internet for possible references
• look for the originator's family members
• contact archivists responsible for major collections of an author's papers
• check authors' directories such as Gale's

Using copyright work if you can't find the owner

Use of a work still in copyright without the specific consent of the copyright owner may be an infringement. Depending on the circumstances this may be a civil matter or could result in criminal prosecution. You should take legal advice before using any material that may be subject to copyright. If you can't find out who the copyright owner is, you may want to check if you need an orphan works licence licence to use the work. 

If you wish to use copyright material, you usually need to get permission from its owner. You can do this directly with the owner, or through a certain type of intermediary organisation. These organisations are known under various terms, including:

• licensing bodies
• collecting societies
• collective management organisations

What is the role of collecting societies?

They offer licences for the use of copyright work and specialise in certain areas of copyright, including:

• printed material, such as in books and journals
• artistic works and characters
• broadcast material, including terrestrial or satellite broadcasts
• film, eg the showing of a film in public places, cable retransmission and certain uses of music videos

Collecting societies can:

• agree licences with users on behalf of owners
• collect any royalties the owners are owed
• offer a blanket licence for all the works by owners it represents in some cases - eg for music to be played in a shop or restaurant

For more information, see GOV.UK's guide on .

If you publish original work in a digital form, you can use technological protection measures to prevent unlawful use of your material. These are commonly known as copy protection devices or digital rights management systems (DRMs).

Types of digital rights management systems

Digital rights management systems cover a range of technologies, such as:

• systems to identify owners' rights and give information on licensing - eg to enable collecting societies to accurately pay royalties
• copy protection systems to prevent unauthorised copying - eg to prevent consumers from transferring films stored on DVD to a computer hard drive

DRMs can have an important role in enabling copyright owners to offer content to consumers in different ways, while protecting their rights.

Taking infringement action

If you sell protected copies of your work, you may have the right to take action against a person who gets around or removes the technological measures. Criminal offences may also apply to those who deal in the means to get around technological measures.

Copy protection and copyright exceptions

Although it may be legitimate for right holders to use these tools to prevent copyright infringement, they can also prevent permitted activities that fall under copyright exceptions.

If you feel that your use falls under one of the exceptions, you may request a workaround to the protection measures from the right holder. If they do not provide an effective workaround, you may be able to complain. You should follow the formal .