Re: Summer issue | Page 58
Copying
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&
Copyright
The Brighton Festival is always great
and I enjoyed visiting the artists’ open
houses, especially the one with my
mother’s artwork! There is always plenty
of theatre, music, arts and literature on
offer in the city and thousands of people
get to enjoy them.
However, with this showcase of creative
work, there is also the scope for other
people to copy and make money from
your work without your consent. Many
people rely on the money they receive
from selling their work as their main
income and so it is worth protecting. Their
reputation and legacy would also be
affected if their work was copied by others,
especially if they were inferior copies!
A piece of work has automatic copyright
protection, and there is no official
registration. It is an asset which can be
owned and protected. Copyright applies
to original musical, typographical, artistic
and lyrical works, as well as broadcasts
and recordings. It protects the way an idea
is presented, rather than an idea itself.
Therefore artwork, songs, music, films and
their broadcasting are all automatically
protected, amongst other works. An artist,
writer or musician who discovers his work
has been copied and put up for sale would
be able to use their copyright protection to
stop the copied works.
At other times, a stronger approach is
needed and we can take that action on
your behalf.
There are several steps that you can
take to protect your work. You can use
the © symbol (followed by the owner’s
name and date) when you publish
your work. This would make it harder
to copy and warn people that there is
copyright attached. If there has been an
infringement, you can take action against
the infringers in order to stop any further
copying, seek compensation or to seize
the copied goods.
On the other side, if you have been
accused of copyright infringement you
should also consider your situation
carefully and seek advice. If you have not
copied the work, you can defend yourself
and prevent further accusations. If you
have copied the work, you may need help
in negotiating a settlement to end the
matter. Fortunately I just happen to know
a specialist lawyer in this area...
By Miranda Jenkins
In order to take action to protect your
copyright, you have to be able to prove
that you are the owner, that the work is
original and that it has been recorded in
some format. You should keep a record
and evidence of the recording and the
date, so that you can prove this. Getting
good advice from a legal professional
is important, and here at Mayo Wynne
Baxter we have a specialist Media
and Creative Industries team who can
discuss your options and advise you.
Often the matter can be sorted out
simply and through correspondence
or negotiation, without going to court.
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