Thackray Williams

Copyright exists in any business and is designed broadly to protect any literary, dramatic, musical or artistic works. These include computer generated works such as e-mails, memos and letters. All of these documents attract copyright.  Copyright in a work produced by an employee in the course of his employment belongs to the employer.  There are no registration formalities to observe, although it is considered good practice to sign and date these documents to assist in proving authorship at a later date. 

In order to be protected by copyright the document drafted must be an original document and not a copy of another piece of work.  

What happens if a party is found liable for copyright infringement? Infringement of a copyright work can be hard to prove and the law is not as regulated as that relating to registered trade marks. An infringement only takes place if a substantial part of a work has been copied.  This will be a question of fact. If for example, Mr X made use of the original writer’s work but adapted this in his own variation, Mr X may not be held to be infringing the original writer’s work.  

Common examples of copyright disputes arise from architects drawings and the commissioning of a web design. In the former scenario, it is advisable for the parties instructing an architect to set out the rights each party will have under the contract and this should include who owns the copyright in the drawings. As to the latter example, the commissioning party needs to ensure that any party instructed to design a website is the original designer. If he is not, then a licence will need to be obtained from the original designer and possibly a fee will need to be paid too.  

For more information about intellectual property contact Hema Ramachandra on 0208 290 0440 or email: hema.ramachandra@thackraywilliams.com