Registering copyright for a small business/self employed

unlockk

Does any one have any experience or advice on registering copyright in the UK (although it automatically covers 167 countries)?
There seems to be no governmental departments in charge of registrations in the UK, so as far as I understand it should be done by a private firm.
There are a few top options found from Google search results and fees range from £30 to £60 per registration. But your suggestions or tips would be much appreciated!

paddyrg

It's simple and complicated at the same time.

Simply, copyright in the UK is automatic. Make something, and the bits you make you automatically hold copyright in. After that it's about proving you thought of it before the other guy if it comes to court. That's why you might log a dated copy with a solicitor/some other trustworthy third party who'll keep it dated and sealed in the vaults until you need it.

Now, if, for instance, you alter someone else's picture, you only hold the copyright to the changes, not the underlying image, so it's easy to create something you can't protect realistically - however that's the basis of how it works in the UK

InsideInsurance

There is no registration of copyright, certainly not in the UK and I cannot think of any countries where there is.

There are some companies that claim to sell such a service but in reality they are selling a service to try and help you prove you were the original creator of something and thus automatically the owner.

lovinituk

What is it you actually want to protect?

Have a read here - https://www.gov.uk/government/organisations/intellectual-property-office

unlockk

Thank you for your replies.

Yes, I have come across the "Design right" that states that it "automatically protects your design for 15 years after it was created"
ref: https://www.gov.uk/design-right

The main purpose for all this is that I want to register in ebay's VeRo programme and I may need to provide some sort of proof? Certainly verified copyright would make it easier?

Thanks

Undervalued

Indeed.

You are automatically the owner of the copyright of any intellectual property you create unless you were working under a contract of employment. In that case your employer would be the owner.

Copyright continues until the END of the 70th year after your death so your heirs can benefit from it until that point.

You can sell, give away or otherwise transfer the copyright to somebody else but, unusual for English law, only in writing.

Very little originality is needed for something to be a new work and have its own copyright. An often quoted example would be a photograph of a painting. If it involved setting up lights and a camera it would almost certainly have its own copyright. However, if it was simply laid on the glass in a scanner or photocopier it probably wouldn't.

lovinituk

unlockk wrote: »

The main purpose for all this is that I want to register in ebay's VeRo programme and I may need to provide some sort of proof? Certainly verified copyright would make it easier?

We inadvertently got hit by VeRO for selling something we thought was a generic Chinese mass produced product but was actually protected by a Copyright design. The IP owner has it registered here - https://oami.europa.eu/ohimportal/en/ and eBay obviously accepted that as enough proof.

That link is also mentioned on the government IPO pages here - https://www.gov.uk/register-a-design

If its not too expensive then maybe that will suit your needs?

Alternatively, would a registered trademark protect it? We registered a brand name that gives us a certain level of protection of several products on eBay and Amazon.

InsideInsurance

Undervalued wrote: »

You are automatically the owner of the copyright of any intellectual property you create unless you were working under a contract of employment. In that case your employer would be the owner.

No

In the USA the above is true, in the UK you remain the owner of what you create even if you were paid to create it unless the contract (employment or otherwise) explicitly states that copyright transfers. In practice all half competent employment contracts will have such a clause but its not automatic

Many people have become unstuck because they've paid someone to create a website or such for them, the contract hasnt dealt with copyright and then the designer starts enforcing their rights to the images etc they created for them.

unlockk

What about services offered by websites like http://www.copyrightservice.co.uk/ and
http://www.copyrighthouse.co.uk/
Does it legally prove anything at all if I register with them or is it waste of money?

Also according to gov.uk I can prove my design right with copies sent to myself by registered, dated post that was kept unopened. What happens if 3rd party copied my design and filed it before me?

InsideInsurance

There are many possible ways to prove when you designed something and its just a question of how much scrutiny they will stand up to. The use of a third party who has no vested interest in if you were first or thirtieth in theory helps a little.

You just need to be clear in your mind what their service is, a way of proving a date. Its not any formal registration or confirmation you are the owner etc and they dont do any searches etc to confirm the design didnt already exist. I could in theory take someone else's design and send it to one of these companies and they will send me their certificate, it doesnt mean I suddenly own the copyright.

Undervalued

InsideInsurance wrote: »

No

In the USA the above is true, in the UK you remain the owner of what you create even if you were paid to create it unless the contract (employment or otherwise) explicitly states that copyright transfers. In practice all half competent employment contracts will have such a clause but its not automatic

Sorry but under the 1988 Copyright Designs and Patents act, if you are working under a contract of employment the default position is that the copyright belongs to the employer.

However if you are working under a contract for services (i.e for a client) then the copyright belongs to you and not the client.

This is very important and needs careful handling with, for example, sub contractors who are nearly but not quite employees.