An Introduction to Copyright: What Every Business and Creator Should Know
Every website, brochure, photograph, piece of software, marketing video, product manual and social media post is potentially a copyright work. Yet because copyright arises automatically, it is easy to overlook.
What is copyright?
Copyright is a property right that protects the expression of ideas — not the ideas themselves. It gives the owner the exclusive right to do certain things with their work, and to stop others doing them without permission.
The crucial distinction is between an idea and its expression. Copyright does not protect a concept, a method, a plot, or a business plan in the abstract. It protects the particular way that idea has been recorded or expressed — the specific words, images, notes or code. Two people can write about the same subject and each own copyright in their own version. The law protects the fruits of your labour and skill, but it leaves the underlying ideas free for everyone to use.
What does copyright protect?
Under the Copyright, Designs and Patents Act 1988 — copyright can subsist in the following categories of work:
Literary works — anything written, spoken or sung, including books, articles, letters, song lyrics, and importantly computer programs and databases.
Dramatic works — plays, screenplays, dance and mime.
Musical works — the music itself, separate from any lyrics (which are literary) or recording.
Artistic works — paintings, drawings, photographs, sculptures, maps, logos, diagrams and works of architecture, irrespective of artistic quality.
Sound recordings, films, broadcasts — these are protected in their own right, on top of any underlying work.
Typographical arrangements — the published layout and typesetting of an edition.
Two conditions must usually be met. First, for literary, dramatic, musical and artistic works, the work must be original — meaning it is the author's own intellectual creation and not copied from someone else. The threshold is low; it does not require novelty or merit, only that some skill and judgement went into it. Second, the work must be recorded in some material form — written down, filmed, saved to disk. An improvised speech or melody that is never captured has no copyright protection until it is fixed.
How do you get copyright?
In the UK there is no copyright register and no application process. Copyright arises automatically the moment a qualifying work is created and recorded. You do not need to apply, pay a fee, or mark the work — although using the © symbol, your name and the year (for example, "© Your Company 2026") is sensible, as it puts others on notice and can be useful in disputes.
Because protection is automatic, the practical challenge is not obtaining copyright but proving it — showing when you created the work and that it is yours. It is worth keeping dated drafts, original files, and records of who did the work.
Copyright created in the UK is also protected in most other countries automatically, thanks to international treaties such as the Berne Convention, without any further formality.
Who owns copyright?
The general rule is that the author — the person who created the work — is the first owner of copyright. But there are important exceptions that trip up businesses regularly:
Employees. Where a work is made by an employee in the course of their employment, the employer is the first owner, unless agreed otherwise. So work produced by your staff as part of their job usually belongs to the business.
Freelancers and contractors. This is the trap. Where you commission and pay an outside designer, developer, photographer or agency, they — not you — own the copyright in what they produce, unless your contract says otherwise. Paying for work does not automatically buy the copyright in it. You may only have an implied licence to use it for the purpose it was commissioned for.
The lesson is straightforward: if you engage anyone outside your payroll to create material you want to own, get a written assignment of copyright in the contract before work begins.
Ownership can be shared. Where two or more people collaborate and their contributions are not distinct, they are joint owners, and each generally needs the others' consent to exploit the work.
Moral rights
Separate from the economic rights above, authors also have moral rights, which protect the personal and reputational connection between a creator and their work. The main ones are the right to be identified as the author (the "paternity" right, which must be formally asserted to take effect) and the right to object to derogatory treatment of the work (the "integrity" right). There is also a right not to have work falsely attributed to you.
Moral rights cannot be sold or transferred, but they can be waived — and commercial contracts commonly ask creators to waive them. They do not apply to computer programs.
How long does copyright last?
Duration depends on the type of work:
Literary, dramatic, musical and artistic works — the life of the author plus 70 years from the end of the year of their death.
Films — 70 years from the death of the last to survive of the principal director, the screenplay author, the dialogue author and the composer of any specially created music.
Sound recordings — generally 70 years from publication.
Broadcasts — 50 years from the broadcast.
Typographical arrangement of a published edition — 25 years from publication.
When copyright expires the work falls into the public domain and anyone may use it freely — which is why the works of long-dead authors can be reproduced without permission.
What counts as infringement?
Copyright is infringed when someone does one of the acts reserved to the owner, without permission, in relation to the whole or a substantial part of the work. "Substantial" is judged by quality, not just quantity — copying a small but important portion can still infringe. The restricted acts include copying the work, issuing copies to the public, renting or lending it, performing or showing it in public, communicating it to the public (for example by putting it online), and making an adaptation.
This is primary infringement, and it applies regardless of whether the infringer knew they were doing wrong. There is also secondary infringement — dealing commercially in infringing copies, such as importing, selling or distributing them — which does depend on the person knowing or having reason to believe the copies infringe.
Exceptions: when you can use a work without permission
The law allows certain uses without the owner's consent, chiefly under the banner of fair dealing. These include use for research and private study, criticism, review and quotation, reporting current events, and — since 2014 — caricature, parody and pastiche. There are also specific exceptions for education, libraries, and text and data mining. Each exception is narrow and subject to conditions (often including sufficient acknowledgement), so it is wise to check that a proposed use genuinely fits before relying on it.
What can you do if your work is copied?
Copyright infringement is both a civil wrong and, in serious commercial cases, a criminal offence. As the owner, your civil remedies can include an injunction to stop the infringement, damages or an account of the infringer's profits, and orders for delivery up or destruction of infringing copies. In practice, many disputes are resolved through a well-judged letter before action, which is usually the first and cheapest step.
Practical takeaways
Copyright is easy to acquire but easy to lose control of. Ensuring that you audit what works you have and keep records of who created them, when and the various iterations it took to create the final product are crucial. If you would like any help in assigning, licensing or dealing with copyright disputes, let us know.