The following IP practice note provides comprehensive and up to date legal information covering:
Copyright recognises the intellectual creation of an author when a work is created. The law is set out mainly in the Copyright, Designs and Patents Act 1988 (CDPA 1988), which came into force on 1 August 1989. For works created before 1 August 1989, the earlier Copyright Acts of 1911 or 1956 should be examined.
Copyright is not a registered right which means that subsistence of the right is often not examined in detail until the owner wants to licence or assign it or use it as a cause of action when issuing proceedings.
Where copyright subsists in a work the owner is permitted to carry out various acts, such as being able to copy the work, for a period of time as long as the work qualifies for protection in the UK and (for literary, dramatic and musical works) has been expressed in a permanent form. The work must also fit into a description of work as set down in CDPA 1988, s 1(1).
In practice, one product tends to give rise to multiple rights. A cartoon, for example, is likely to have separate copyrights in the dialogue, sketches, graphics, sound recording and music. If a character, that is the subject of the cartoon, originated from a book, that book would also attract its own copyright. This is relevant to licensing
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Direct effect of EU lawWhat is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European Union in Van Gend en Loos. It is a mechanism through which individuals can enforce rights in Member States’ courts, based on EU
Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare
0330 161 1234