Use of Copyright Material - UKIPO Advises on Steps to Take

Copyright of written and other visual material is an automatic right and does not have to be applied for: it lasts for 70 years after the owner or creator of the copyright has died. Because it is an automatic right, there is no register of copyright. This means that it can be difficult to discover who is the ‘right holder’ of the copyright if you wish to republish something.

It is commonly thought that because something is in the public domain (for example, it is on a ‘public’ web page) it is public property, but this is not the case and where appropriate circumstances exist, the owner of the copyright can take action to gain restitution for any losses suffered because of unauthorised use of copyrighted material.

It is generally a sound approach to assume that everything you see on the Internet is subject to copyright. Therefore, if you wish to use material from any source for any purpose, you should obtain the permission of the right holder.

The Internet can be very helpful in this, as use of a search engine query will often reveal the author of the material. If you are unable to ascertain the owner of an item, the UK Intellectual Property Office advises that ‘you should keep good records of your efforts. (This will help to show that you have been trying to act in good faith). If you are unsuccessful in tracing the right holder, and still wish to proceed with your project, you should do so with caution. You may wish to set aside an appropriate fee for the use of the work in a special bank account, and, when you use the work, apply a statement indicating that you have tried to trace the right holder, but have failed to do so, and then invite any legitimate right holder to contact you. You should bear in mind that should the right owner appear, they may consider suing you for infringement of their rights, and in such a case you would want to show the right holder, and perhaps the courts, that you have acted in good faith and have made reasonable efforts to try to track down the right holder’.

It is less well known that some firms use specialised software which searches web pages for material which is subject to copyright. Where unauthorised use of copyright is found, this is followed by a letter demanding a hefty fee for the use of the material.