Copyright is a system of law designed to give creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, the right to control the ways in which their work is used. This includes broadcasting, public performance, copying, adapting, renting, lending to the public. It also includes what are known as 'moral rights', i.e. the right to be known as the author of the work and to object to distortions of the work in question.
Only a copyright holder has the right to:
Copyright is an automatic right that arises whenever an idea is given a fixed expression, i.e. written down, painted, filmed, photographed etc. It is important to note that copyright only protects the expression of an idea, not the idea itself. However, there are certain aspects that a work must have to be eligible for copyright: it must be original and exhibit a certain degree of labour or skill.
Usually the individual who created the work in question will be the copyright holder.
In some cases individuals may assign their rights to a third-party: for example, publishers usually require the copyright to any articles published in academic journals, rather than it remaining with the author.
Any work commissioned by a third party would belong to the individual or organisation who commissioned the work, not the creator.
Anything created in the course of employment, for example, any course material, examination papers, handouts etc created whilst in post as a lecturer would belong to the University of Derby, unless otherwise specified.
Copyright can be bought and sold, just as any other asset. It can also be bequeathed upon death to heirs or others until the duration of the copyright term has expired.
The duration of the term of copyright depends on the format of the work in question; it varies depending on whether it is a literary work, a painting or photograph, a piece of music or a sculpture.
The following table gives an idea of how long copyright can last for. It is a fixed period of time usually dating from the end of the calendar year in which either the creator/author died or in which the material was first made available to the public, either by publication or broadcast.
Unpublished works are often treated somewhat differently, so it is important to bear this in mind.
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FORMAT |
KNOWN AUTHOR |
UNKNOWN AUTHORS |
UNPUBLISHED WORKS (KNOWN AUTHOR) |
UNPUBLISHED WORKS (UNKNOWN AUTHOR) |
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Literary, dramatic, musical or artistic works |
70 years from the end of the calendar year in which the author dies. |
70 years from the end of the calendar year in which the work was made, or if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.
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(If created after 1989): 70 years from the end of the calendar year in which the author dies.
(If created before 1989): Until 2039 or 70 years after death of the author, whichever is later date. |
70 years from the end of the calendar year in which the work was made.
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Sound recordings
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70 years from the end of the calendar year in which it is released.
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50 years from the end of the calendar year in which it is made.
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Films |
70 years from the end of the calendar year in which the last principal director, author of the screenplay or composer of the score dies. If the identity of one or more of these (director, author etc) is known and the identity of one or more others is not, copyright will expire at the end of the calendar year of the death of the last whose identity is known.
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70 years from the end of the calendar year in which it is released.
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70 years from the end of the calendar year in which the last principal director, author of the screenplay or composer of the score dies. If the identity of one or more of these (director, author etc) is known and the identity of one or more others is not, copyright will expire at the end of the calendar year of the death of the last whose identity is known.
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70 years from the end of the calendar year in which it is made.
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Typographical arrangement of published editions
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25 years from the end of the calendar year in which the work was first published. |
Not applicable. |
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Broadcasts and cable programmes
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50 years from the end of the calendar year in which the broadcast was made
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Crown Copyright |
125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.
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125 years from the end of the calendar year in which the work was made.
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Parliamentary Copyright |
50 years from the end of the calendar year in which the work was made. |
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