Copyright protects creative work (Literary, Dramatic, Artistic, Sound, and Film) by giving the creator the the exclusive right to use their own work. Copyright prevents anyone copying, broadcasting, renting, and adapting creative work.
Copyright work often is accompanied by a © but it is not required.
Copyright is automatic, you don’t need to apply for it. It usually lasts for seventy years after the author / creator has died. Once the copyright has expired the work goes into the public domain, this means anyone can use it freely.
Creative work protected by copyright law can be used for the following purposes:
These exceptions are called ‘fair dealings’ or ‘fair use’. These do not always all full use of a copyright work, for example: A reviewer cannot include a digital version of a whole film as a part of their review.
If you need to use someone else's creative work for any other purpose, you must ask their permission and a obtain license to use it.
Copyright law is a civil law, therefore those in breach do not end up in prison. Initially those in breach may be sent a cease and desist notice by the copyright owner, and if they do not comply they may be taken to court so that the copyright owner can claim damages.
Some copyright owners want to allow their work to be used by others. Many do this with the use of a Creative Commons licence.
A Creative Commons license allows people to use someone elses copyright work under certain conditions.
These conditions can include
If the Creative Commons licence is breached then the normal consequences of copyright law applies. Under a Creative Commons licence the owner would not need to be contacted unless their work was going to be used in a way not described by the conditions of the licence.
Patents cover inventions and specially how an invention works.
To apply for a patent, it must be: new, something that can be used or made, and innovative.
Patents are difficult to get as lawyers must ensure that a patent is not derivative or is something that already exists - this can take up to five years. When applying for a patent how the invention work must be documented and publicly available for anyone to view. Even though publicly viewable, no one other than the patent owner can legally use the invention unless it is licenced or sold.
Once a patent expires anyone may use the invention and make money from it. Patents last for a maxium of 20 years, and the owner may need to renew the patent every 5 years to continue to exclusivly use / sell their invention.
Some people argue that patents stifle innovation by preventing others using new inventions.
Design rights protect the design / shape of a product and is used to protect products from being counterfeited.
Design right can be automatic and give some protection for 10-15 years, but registering a design can provide longer protection up to 25 years, but will incur a fee.