Copyright infringement: Protecting your original works
Copyright is the legal cornerstone of original creative works.
It grants you a powerful, automatic right to control how your creations are used, distributed, and reproduced; as well as rights to be attributed as its creator.
From a novel to a software program, a photograph to a musical composition - copyright protects the intellectual effort you have invested in a creative work in its recorded form.
When a third party uses your work without permission, they are not just taking inspiration; they are undermining the value of your entire creative portfolio, your unique value as a creator and the integrity of your brand.
A copyright infringement dispute is a commercial and creative fight to protect your original works, and your status as a uniquely valuable creator.
Whether you are the creator seeking to enforce your rights or an accused party needing to defend your position, the stakes are high, and claims can be meaningfully disruptive to your business and reputation.
Copyright infringement: How we assist you
Our team possesses deep expertise in the intricacies of copyright law and litigation.
We understand that a successful copyright dispute requires more than just a legal strategy; it demands a forensic analysis of the works themselves to prove originality, authorship, copying, and financial impact.
We have a proven track record of handling high-stakes copyright litigation across a range of different forms (e.g. website material, images, videos, music and more), representing both rights holders and accused infringers in the UK courts.
Our dual experience enables us to anticipate the strategies of the opposing side, regardless of which side of the dispute you are on.
This comprehensive perspective is a critical advantage in any litigation.
Our unique capability in this area
Our unique capability lies in our ability to blend creative analysis with a commercially focused litigation strategy seamlessly.
We take the time to understand the value of the copyright to your business, as well as the commercial impact of a dispute.
Our approach is designed to be laser-focused on achieving an outcome that protects your creative investment, preserves your commercial position, and allows your business to continue to succeed.
We provide clear, honest advice and will not pursue litigation unless we believe there is a commercially sound path to success.
Copyright infringement: Common questions and answers
Do I need to register my work to have copyright protection in the UK?
No. Copyright is an automatic right in the UK.
Protection arises the moment the original work is put into a tangible form (e.g. written down, saved as a file, or recorded). You do not need to register it.
However, keeping clear records of when and by whom the work was created (known as the "chain of title") is crucial for proving ownership in a dispute, and we advise clients on how to establish this proof.
If you are a creative or your business specialises in creative outputs, having a clear IP strategy and documentation regime can be valuable to track, monitor and protect your copyright works.
What are the first steps if I discover someone is copying my work?
The immediate first step is to secure and preserve all evidence of the copying, including screenshots, web links, or physical samples.
Crucially, do not engage with the infringer directly. With copyright this is especially important, as it tends to be the case evidence of infringement may be removed quickly upon the alleged infringer becoming aware that a claim may be made.
You must then immediately engage a specialist IP litigator.
We will conduct a copying analysis and serve a detailed letter before action (LBA), demanding immediate cessation and a commercial settlement.
What kind of work does copyright protect?
Copyright protects the expression of an idea, not the idea itself.
It covers four main categories: literary (written text, articles, software code, databases), dramatic (scripts, choreography), musical (scores), and artistic (paintings, photographs, sculptures, graphic design) - amongst others.
We analyse your work to confirm the validity and scope of your protection before asserting a claim.
The ownership of copyright can also become quite complex when multiple authors or layers of creation occur (i.e. typically seen in the music industry, for example). Here there is also a need for clarity in terms of assignment of rights and involved parties.
What is the typical resolution timeline for a copyright dispute?
Copyright disputes often resolve faster than patent or trade mark cases because the evidence of copying can sometimes be clearer.
Many cases settle in 3 to 9 months after the letter before action, particularly if our initial evidence pack is robust.
If court action is required, we advise on the most cost-effective venue, including the IPEC (Intellectual Property Enterprise Court), and utilise our fixed phase pricing where possible to provide budget certainty.
This can depend on the expected value of the claim, as certain types of higher-value dispute may be better sited in the High Court.
Copyright infringement: Next steps
Is your business facing a copyright infringement dispute? Whether you need to protect your original work or defend your position, use the calendar below to arrange an appointment with our team to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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