Copyright

The UK, unlike say China, does not have a system for registering or recording copyrights. Copyright protects the direct copying of created works which are primarily artistic works, photographs, literary works and musical works. In industrial environments, technical drawings, sketches, photographs and renderings would be seen as artistic works. Technical specifications, publicity material and computer programs would be seen as literary works. The duration of copyright is relatively long and runs from the date of publication.

If material is to be protected by copyright, it is prudent, and in some jurisdictions essential, to include a copyright notice, such as:

There are three important parts to this notice:

some jurisdictions prefer the word “copyright” and some prefer the © symbol so use both;
to avoid ambiguity, use the full official title of the copyright owner; and
the year is the year during which publication first occurred.

A copyright can only exist if it has been created and the creator (artist, photographer, author or programmer) must be identifiable. The creator is the first owner of the copyright. Thus, if a corporate entity is to commercialize the protected work, legal basis must exist, such as an assignment, for transferring ownership.

Many legal issues are likely to arise concerning the relationship between artificial intelligence and copyright. Like the patenting of computer software, the reaching of a consensus for making changes in the law could become very problematic.

Confidential documents should be marked as such and copyright works should be marked as such. However, for a confidential document the copyright notice is not appropriate because the date included in the notice is the date of publication. Confidential documents are protected by copyright but the duration of the copyright is calculated from the year of publication. Thus, while a document remains confidential, the copyright duration has not started.

Confidential documents should carry a notice of confidentiality if they are to be treated in a confidential way. Stamping things “confidential” and then not respecting the confidentiality can undermine the legal status of the notice.

The designation “CONFIDENTIAL” is no longer a military designation and has been replaced by the term “OFFICIAL”. Thus, for commercial purposes, the term “In Commercial Confidence” is no-longer required.

Copyright material can be registered in China and can therefore enhance an IP portfolio. The registration process is relatively straightforward and examination is minimal. These legal rights are respected and are enforceable in China. However, it is important to record how the copyright came into existence, who created it and how legal title was transferred; otherwise, a break in the chain could invalidate a subsequently filed application for registration.