Copyright comes into effect automatically as soon as something
that can be protected is created
and "fixed" in some way (e.g. on paper, on film, via sound recording, as an electronic record
or on
the Internet). There is no official register so you do not need to have taken any formal steps
to
protect your work before seeking to enforce your copyright.
Should infringement occur, any action for copyright infringement
would have to take place in the
country where the infringement occurred, although the laws of the place where the work was
produced / published will apply. It is possible, however, to pursue the local Internet service
provider.
Copyright is essentially a private right. If someone uses
material without permission (where there is
no law that might make such use legal), in most countries the copyright owner may use any
remedies available under the civil law of the country in which the infringement occurred. In the
UK
this includes seeking damages, injunctions (to stop the continued infringement of copyright) and
orders to deliver up goods which infringe copyright.
However, legal action can be stressful, drawn out and
expensive with it not uncommon for copyright
cases to take in excess of 1 year and many tens of thousands of pounds to conclude. Even if you
are successful, you will not necessarily recover all of your legal costs. Accordingly, litigation
is not
likely to be an attractive option unless you have suffered exceptional damage. In many cases it
is
best first to attempt to negotiate a solution with the infringer, such as asking them to cease and
desist and perhaps also to remit any profits to you. This is often effective, particularly where
the
breach of copyright was inadvertent or where the infringer has not profited significantly from the
breach.
Accordingly, the usual course is to try to resolve the
matter with the party you believe has infringed
your copyright. A litigious approach should be carefully considered in consultation with legal
or
other professional advisers.
If certain IP rights are intentionally infringed on a
commercial scale, there may also be the
possibility of prosecuting that person for a criminal offence. This mostly occurs in the case
of
music and video pirating. Where criminal offences may have been committed, an IP owner may
pursue the matter themselves as a private prosecution, or report the matter to a public sector
enforcer such as the police or trading standards office.
In order to reduce the chances of people using your copyright
work without your permission, you
should consider taking steps such as adding a copyright notice to your work; including an express
copyright statement; adopting digital protection; and registration. Further information on each
of
these options is provided on the page creating
a web page: how can I protect my work?