Copyright Law: Us Vs Uk, Who Wins?

Copyright law in the UK and the US differs in several ways. In the UK, copyright protection is automatic and free, whereas in the US, registration through the US Copyright Office was previously required, although this is no longer the case following the US's signing of the Berne Convention in 1989. However, US citizens are still advised to register with the US Copyright Office as it is necessary to do so before filing an infringement suit in a US court.

Copyright law in the UK is governed by the Copyright, Designs and Patents Act 1988, which covers original literary, dramatic, musical and artistic works, as well as sound and music recordings, film and television recordings, and the layout of published editions of written, dramatic and musical works. In the US, copyright law grants monopoly protection for original works of authorship, with exclusive rights assigned to authors to make and sell copies, create derivative works, and perform or display their works publicly.

In terms of duration, copyright in the UK lasts a minimum of life plus 50 years for most written, dramatic and artistic works, and at least 25 years for photographs, while in the US, it generally expires 70 years after the author's death or 95 years after publication.

US and UK copyright law differences

US and UK copyright law have several differences, despite the US's Copyright Act of 1790 being influenced by the UK's Statute of Anne.

In the UK, copyright protection is automatic and free, whereas in the US, copyright used to be obtained via the US Copyright Office, although this is no longer the case since the US signed the Berne Convention in 1989. However, the US Copyright Office still makes a stipulation that "before an infringement suit may be filed in court, registration (or refusal) is necessary for US works".

In terms of duration, copyright in the UK lasts a minimum of life plus 50 years for most written, dramatic, and artistic works, and at least 25 years for photographs. In the US, copyright lasts 70 years after the author's death or 95 years after publication, whichever is earlier.

Another difference lies in the types of works protected by copyright. In the UK, copyright automatically protects original literary, dramatic, musical, and artistic works, as well as original non-literary written works, sound and music recordings, film and television recordings, and the layout of published editions of written, dramatic, and musical works. In the US, copyright protects original works of authorship fixed in a tangible medium, including literary, dramatic, musical, artistic, and other intellectual works. This includes pantomimes, choreographic works, pictorial, graphic, and sculptural works.

Additionally, the UK has a closed-list system, meaning that copyright only subsists in certain enumerated subject matter, whereas the US has a broader definition of copyrightable subject matter.

Finally, the UK and US differ in their fair use exceptions. The UK has a narrower concept of fair dealing, which only applies in tightly defined situations, whereas the US has a broader concept of fair use, which is determined on a case-by-case basis and includes various specific exemptions, such as for libraries, public broadcasters, and educational uses.

UK copyright protection

Copyright protection in the UK is governed by the Copyright, Designs and Patents Act 1988, which came into force on 1 August 1989. This act outlines the types of works that are eligible for protection, which include:

• Original literary works, including software
• Original dramatic works
• Original musical works
• Original artistic works
• Typographical arrangements of published editions

Copyright protection arises automatically in the UK, without the need for registration. To qualify for protection, a work must be 'original', exhibiting "the author's own intellectual creation". This means that the work must be the result of the author's creative abilities and choices, rather than being dictated by technical considerations or other constraints.

It's important to note that ideas are not protected by copyright in the UK; only the expression of those ideas in a fixed, material form is protected. The 'author' or creator of the work is generally the first copyright owner, unless the work was created in the course of employment, in which case the employer is typically the first owner.

The duration of copyright protection in the UK depends on the nature of the work. For literary, dramatic, musical, or artistic works, copyright typically lasts for the lifetime of the owner plus 70 years after their death. For audiovisual works, such as films and broadcasts, the rules are slightly different, with protection lasting for 50-70 years depending on the specific circumstances.

In addition to the protections offered by UK law, a work may also be protected by international agreements, such as the Berne Convention. However, it's always advisable to seek legal advice to determine the specific protections applicable to a particular work.

US copyright registration

US copyright law grants monopoly protection for "original works of authorship". The law assigns a set of exclusive rights to authors, including the right to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These rights are subject to a time limit and generally expire 70 years after the author's death or 95 years after publication.

Copyright registration is handled by the United States Copyright Office, which offers an online registration portal. Registration amplifies a copyright holder's rights in several ways. For example, registration is required before a lawsuit can be filed, and it creates the possibility for enhanced "statutory" damages.

Visit the US Copyright Office Website:

Go to the official website of the United States Copyright Office (copyright.gov) to access the registration portal.

Log in to the Electronic Copyright Office (eCO) System:

You will need to create an account and log in to the eCO system to initiate the registration process.

Select the Appropriate Application:

The US Copyright Office offers different application forms depending on the type of work you want to register. For instance, there are specific applications for registering a "Group of Unpublished Works," "Short Online Literary Works," "Works on an Album of Music," and more.

Complete the Application and Submit Required Deposit:

Fill out the selected application form with the required information about your work. You will also need to submit a deposit copy of the work, which serves as a record for the Library of Congress and can be useful in infringement cases.

Pay the Registration Fee:

There is a fee associated with registering your work. The current fees for registration and other services are listed on the US Copyright Office website.

Wait for Processing:

The US Copyright Office will review your application and may contact you if there are any issues or errors. The current processing times are also listed on their website.

Receive Certificate of Registration:

Once your application is approved, you will receive an official certificate of registration, confirming your copyright ownership.

By following these steps, you can ensure that your original work is registered with the US Copyright Office, providing you with enhanced legal protection and rights as a copyright holder.

UK copyright duration

The duration of copyright in the UK depends on factors such as the type of work and when it was created or published. Here is a breakdown of the duration of copyright for different types of works:

Literary, Musical, Dramatic, and Artistic Works

Copyright for written works like stories, plays, essays, poems, dances, music, paintings, drawings, etchings, engravings, photographs, sculptures, and works of architecture lasts for 70 years after the author's death.

Sound Recordings

Copyright for sound recordings, such as the recording of literary, musical, or dramatic works, lasts for 50 years from the year the recording was made. If the sound recording is published or made available to the public during this period, such as by being played in public or broadcast, the copyright is extended to 70 years from that year.

Broadcasts

Copyright for broadcasts, which are the electronic transmission of visual images, sounds, or other information for simultaneous reception by the public, lasts for 50 years from the year the broadcast was made.

Films

Copyright for films, which are recordings from which a moving image can be produced, lasts for 70 years after the death of the last surviving author, director, writer, or composer. If the identities of these persons are unknown, the copyright lasts for 70 years from the creation of the film or, if it is released to the public, 70 years from when it is made available.

Typographical Arrangements

Copyright for the typographical arrangement of published editions, such as the layout of columns of text on a page or the placement of illustrations, lasts for 25 years from the year of first publication.

Performers' Rights

Copyright for performances, including musical performances, readings or recitations of literary works, and performances of plays or variety acts, lasts for 50 years from the year of the performance. If a recording of the performance (other than a sound recording) is released within 50 years of the performance, the copyright lasts for 50 years from the year of release. For sound recordings of performances, the copyright lasts for 70 years from the year of release, provided the recording is made within 50 years of the performance.

Computer-Generated Works

Copyright for computer-generated works, such as a painting created by a computer program, lasts for 50 years from the year of creation.

Crown Copyright Works

Works created by or under the control of the Crown or an officer or servant of the Crown in the course of their duties, such as an employee of a government department, are protected by copyright for 125 years from creation. If commercially published within 75 years of creation, the copyright lasts for 50 years from the publication date.

Parliamentary Copyright Works

Works created by or under the control of the House of Commons or the House of Lords, or an officer of the Crown such as a police officer or government minister, are protected by copyright for 50 years from creation.

Works of Joint/Co-Authorship

Works of joint authorship, where two or more authors collaborate and their contributions are not distinct, are protected by copyright for 70 years from the year of the last surviving author's death.

Works of Unknown Authorship

Works of unknown authorship, where the identity of the author(s) is unknown or cannot be reasonably ascertained, are protected by copyright for 70 years from the end of the year the work was made. If the work is made available to the public during this period, such as through publication or exhibition, the copyright lasts for 70 years from the end of the year it was first made available.

Pre-1989 Unpublished Works ("2039 Rule")

Some works created before 1 August 1989, including literary, dramatic, and musical works (but not artistic works other than photographs and engravings), are protected by copyright in the UK until 31 December 2039, even if the author died long ago.

Published Photographs and Engravings

Published photographs and engravings created more than 20 years after the author's death and before 1 August 1989 are protected by copyright for 50 years after publication.

Published Films

Films that were not registrable under former enactments or registered before 1 August 1989, and where more than 20 years have passed since the death of the author, composer, and director, are protected by copyright for 50 years after publication.

Published Sound Recordings (before 1 January 1963)

Published sound recordings made before 1 January 1963 are protected by copyright for 50 years from creation.

Anonymous or Pseudonymous Works

Anonymous or pseudonymous works, where the identity of the author cannot be reasonably ascertained, can be used if it is reasonable to assume that the copyright has expired or that the author died over 70 years ago.

Other Considerations

The duration of copyright may vary depending on the specific circumstances and the type of work. It is important to refer to the UK's Intellectual Property Office or a specialist IP lawyer for detailed advice and to check for exceptions to the general rules.

US copyright duration

US copyright law grants monopoly protection for "original works of authorship". The law assigns a set of exclusive rights to authors, including the right to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These rights are subject to a time limit and generally expire 70 years after the author's death or 95 years after publication, whichever is earlier.

The term of copyright for a particular work depends on several factors, including whether it has been published and, if so, the date of its first publication. For works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For anonymous, pseudonymous, or hired works, the copyright lasts for 95 years from the year of its first publication or 120 years from the year of its creation, whichever comes first.

Works published before January 1, 1929, are in the public domain. For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, provided that the copyright was renewed during the 28th year following publication. Renewal has been automatic since the Copyright Renewal Act of 1992.

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