The following IP Q&A produced in partnership with Robert Cumming and Chris Hoole of Appleyard Lees provides comprehensive and up to date legal information covering:
At the time of drafting UK copyright legislation, the legislature’s mind was not in the cloud, but firmly on the ground. Technology has since progressed, bringing with it new technological challenges. No longer do we create work in solitude, using fixed, isolated platforms. Rather, we now work from the ‘cloud’. Our system desktops may be hosted anywhere in the world (I’m currently writing this from a server 100 miles away from my home), or you might upload documents to remote servers for access from any computer, at any time (ie Dropbox).
In the UK, under section 3 of the Copyright, Designs and Patents Act 1988 (CDPA 1988), literary copyright arises automatically once the work is ‘recorded’. Given that UK legislation did not envisage the ability to record literary content in a cloud, does the location of the host impact on the subsistence of copyright in the UK?
Under UK legislation, copyright does not subsist in a work unless it first meets
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