The UK copyright law
The UK copyright law


The UK copyright law fact sheet outlines the Copyright, Designs and Patents Act 1988, the principal legislation covering intellectual property rights in the United Kingdom and the work to which it applies.
Introduction
Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
Rights covered
The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public.
In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.
International conventions give protection in most countries, subject to national laws.
Types of work protected
Literary
song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
Dramatic
plays, dance, etc.
Musical
recordings and score.
Artistic
photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
Typographical arrangement of published editions
magazines, periodicals, etc.
Sound recording
may be recordings of other copyright works, e.g. musical and literary.
Films
broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.
When rights occur
Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement.
Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.
Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.
In short, work that expresses an idea may be protected, but not the idea behind it.
Who owns a piece of work
Normally the individual or collective who authored the work will exclusively own the work. However, if a work is produced as part of employment then it will normally belong to the person/company who hired the individual.
Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
Rights cannot be claimed for any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author.
Only the owner, or his exclusive licensee can bring proceedings in the courts.
Duration of copyright
The 1988 Copyright, Designs and Patents Act states the duration of copyright as;
For literary, dramatic, musical or artistic works
70 years from the end of the calendar year in which the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
Sound Recordings and broadcasts
50 years from the end of the calendar year in which the work was created, or,
if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
Films
70 years from the end of the calendar year in which the last principal director, author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
Typographical arrangement of published editions
25 years from the end of the calendar year in which the work was first published.
Broadcasts and cable programmes
50 years from the end of the calendar year in which the broadcast was made.
Crown Copyright
Crown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies.
Crown Copyright will last for a period of 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.
Parliamentary Copyright
Parliamentary Copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made.
Restricted acts
It is an offence to perform any of the following acts without the consent of the owner:
Copy the work.
Rent, lend or issue copies of the work to the public.
Perform, broadcast or show the work in public.
Adapt the work.
The author of a work, or a director of a film may also have certain moral rights:
The right to be identified as the author.
Right to object to derogatory treatment.
Acts that are allowed
Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:
Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting.
Incidental inclusion.
Copies and lending by librarians.
Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.
Producing a back up copy for personal use of a computer program.
Playing sound recording for a non profit making organisation, club or society.
(Profit making organisations and individuals should obtain a license from PRS for Music.)

The original text for the 1988 Copyright Designs and Patent Act can be found at the OSPI (HMSO) website, but should be read in conjunction with all the relevant updates and statutory instruments.
To avoid confusion, we recommend a copy that includes the amendments since 1988, such as can can be found at www.jenkins-ip.com or download as a PDF file directly from the UK Patent Office.

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Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
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Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
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Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile. 
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.


Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

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Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.

Article 8. Information sharing. 
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy). 
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations. 
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which: 
a) Agreement in writing is kept in the Executor’s office, and 
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision. 
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.

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