Copyright protects original creative works such as literature, art, music, and software by giving the creator exclusive rights over the reproduction and distribution of their work. There are two types of copyright - the material right, which can be transferred and assures economic compensation, and the moral right, which remains with the creator and protects the integrity and attribution of their work. Copyright arises automatically when a work is created and provides protection under law for a set duration of time without any registration required.

1. Copyright
The Smart Entrepreneur

2. Copyright
Protectability
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

3. • Protects original literary, dramatic, artistic and other works, including software,
photographs, manuals, broadcasts, sound recordings, etc.
• No protection for concepts or ideas, just the way they are expressed
• Arises automatically = free
• Protects against copying, adaptation, etc.
• Need good records of creation date and author
Copyright
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

4. Copyright – types of right
Original creation ==> Author
Material right
Transferable
Moral Right
Non-transferable
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

5. Material Right
• Assures an economic compensation to the author for his creation: royalties
• The author holds the exclusive right to
» reproduce or let reproduce his creation
» disclose the creation to the public (eg radio or tv)
» change or translate his work
» sell or rent his work
• But the material right may also be transferred by contract to another person
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

6. Moral Right
Even if he/she transfers the Material rights to another party, the author retains the
Moral rights:
• the right to disclose his/her creation
• right of attribution, but also
• right to have work published anonymously or under pseudonym
• the right to preserve integrity of work – forbid distortions or alterations
• the right to determine how a work will or will not be used, e.g.: author may
prevent software from being used by a particular company or industry, such as
for military purposes
• the right to continue to use the work for personal purposes
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

7. UK: Copyright
Form of registration
• None. Arises on creation, but you must keep records.
• Use the © symbol and your/company name on any documents, drawings, etc.
• For proof, you may post a copy to yourself, so that the postmark on the
envelope confirms the date of creation – but you must not open the envelope
until the moment you are required to prove your authorship (for example, in a
court of law).
Duration of protection
• 70 years from end of year in which author died, or
• if work of unknown origin, 70 years from end of year of first publication
• For computer-generated works and sound recordings, 50 years from end of year in
which made
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur

8. UK: Copyright
Owner
• The Author, or his/her employer if the work is created in course of employment
Nature of right
• Right to prevent copying a means of expression – software code, drawings,
works of art, literature
• It does not cover inventions, only the means of expressing those inventions
• If someone copies the effect of an invention by different expression, it is not a
breach of copyright
Governing legislation
• Copyright, Designs and Patents Act 1988, as amended by European legislation
• ‘International copyright’ – non-existent, depends on legislation in force in
individual countries
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur