Copyright, Contracts And Performer Rights In Brief

This is an article covering the basics of copyright, contracts and performer rights but you should always refer to a qualified person for more specific details.

Copyright is basically the exclusive right of the owner of a copyright literary, dramatic, musical  or artistic work to grant or withhold permission for such to be exploited and copied. 

The first owner of copyright in a literary, dramatic, musical or artistic work is usually the author/creator. In the case of films, the principal director and the film producer are joint authors and first owners of copyright. The main exception is where a work or film is made in the course of employment, in which case the employer owns the copyright. The copyright in sound recordings usually belongs to the producer/the company who pays for it, broadcasts are most often owned by the broadcaster.

No. Copyright protection in the UK is automatic and there is no registration system.

Yes. Copyright is a form of intellectual property and, like physical property, can be bought and sold, inherited or otherwise transferred. If it at all possible you should try and retain copyright in your work and just license someone to exploit it. There are many cases of people signing away their copyright for what seems like a nice fee but then getting no more money when the work becomes a best seller or the song they wrote becomes a top ten hit.

Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings are generally protected for 50 years from the year of publication. Broadcasts are protected for 50 years and published editions are protected for 25 years.

No. There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark.

No. Although the work itself may be protected, the idea behind it is not.

No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material that qualifies for copyright protection, whatever the subject matter.

Yes. Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material.

It follows from the above that if you want to utilise a work by someone else you need to check if it is protected and if so you need consent to use it. Also, don't forget that with a sound recording, for instance, there may not only be copyright in a recording but also the music contained on it. Most owners will obviously want to know the use to which you want to put the work, the media you wish to exploit it in etc. This will enable them to gauge the level of fees. Obviously if someone wants to use your work then they need to contact you to ascertain as to whether they can use the work.  

This is a legally binding agreement (usually in a written form, but it can be verbal) whereby two or more parties agree on something. To be binding on the parties it has to consist of an offer, and acceptance and a consideration - which is usually a fee but can be other things of value. The agreement will contain what each party is expected to do, when, what the fees are and what happens in the vent of either party not doing what they are supposed to have done.

All performers, including musicians or actors etc. have rights in the same and have to give their consent to be recorded and/or filmed.