To attract copyright protection, a 'work' must be 'original', created by the author through his own skill, judgment and individual effort and not copied from any other pre-existing work.
This Practice Note is intended for commercial lawyers not specialised in IP. It provides an introduction to copyright and associated rights covering: what copyright is, how it comes to subsist, how to protect it, deal in it, manage it and exploit it. If you are a specialist IP lawyer, see instead the Copyright & associated rights—overview and Copyright disputes—overview and the documents referred to in them.Using this Practice NoteThis Practice Note is broadly grouped into five main sections that cover:•subsistence of copyright (copyright is not a registered right). This section covers the requirement for the work to fall into a qualifying category of works and qualification generally•maintaining copyright covering duration of copyright protection, copyright notices and policies•dealing with copyright in agreements covering: assignments, licences and collective licensing•asserting copyright covering: disputes, copyright exceptions (also known as permitted acts) and defences, and remedies available for those whose rights have been infringed•rights associated with copyright such as moral rights and performance rightsWhat is copyright?Copyright recognises the intellectual creation of an author when a work is created. Copyright is, put simply, a right to copy a work (the copyright owner may also restrict acts other than copying). The law is set out mainly in
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