Copyright Law of The United Kingdom - Qualification For Protection

Qualification For Protection

The 1911 Act provides that an individual's work is automatically under copyright, by operation of law, as soon as it leaves his mind and is embodied in some physical form: be it a novel, a painting, a musical work written in manuscript, or an architectural schematic. This remains the legal position under the Schedules of 1956 Act and of the 1988 Act.

Once reduced to physical form, provided it is an original work (in the sense of not having been copied from an existing work), then copyright in it vests automatically in (i.e. is owned by) the author: the person who put the concept into material form. There are exceptions to this rule, depending upon the nature of the work, if it was created in the course of employment.

The question of who is the "author" of a work, and what rights attach to the author, is further discussed below.

In order to grant copyright protection to computer databases, UK copyright law recognises the element of labour and skill used in compiling them, even though they are not in truth original works (being entirely derived from existing records), applying a principle sometimes called the 'Sweat of the Brow' doctrine; they are also protected by database right (see below).

The term 'Unfair Use' is sometimes applied in that context, to refer to the use of a work into which someone has invested a lot of skill and labour, but where little or no originality is present. This is mainly in the case of reproduction photography, or the retouching of artistic works that are out of copyright, or for simple computer databases, such works not being original.

A work, other than a broadcast, can qualify for copyright protection in either of two ways: by the nationality of the author, or by the country of first publication.

A work qualifies for copyright protection, if made after 1 June 1957 (the date on which the Copyright Act 1956 came into force), if its author is:

1. a British citizen, a British dependent territories citizen, a British National (Overseas), a British subject, or a British protected person, or
2. an individual resident or domiciled in the United Kingdom, or in another country to which the qualification clause extends, or
3. a body incorporated under the law of a part of the United Kingdom, or another country to which the qualification clause extends.

Alternatively, a work can qualify for copyright protection if its first publication took place:

1. in the United Kingdom, or
2. in another country to which the qualification clause extends.

However, a work made before 1 June 1957 can only qualify for copyright protection by its country of first publication; not by the author's nationality.

A broadcast, if made after 1 June 1957, qualifies for protection if:

1. it is made from the United Kingdom, or
2. it is made from another country to which the qualification clause extends.

Lists of the countries which trigger qualification are published in Statutory Instruments periodically. They are, in point of fact, those countries which have acceeded to the Berne Copyright Convention.