Copyright is one of the oldest intellectual property (IP) rights and can be one of the easiest rights to obtain. It is arguably the best-known IP right; however, copyright is the most commonly misunderstood IP right. Copyright can be incredibly valuable and businesses and individuals overlook the value, complexity, ownership and utility of copyright at their peril.
Copyright arises automatically upon creation and recordal of an original work and protects inter alia artistic, literary, dramatic and musical works.
We assist clients in identifying copyright infringements, avoiding potential infringements (such as by working with clients at the design stage of product packaging), advising on fair use of copyright works, preparation of assignments of copyright and registering copyright in overseas territories.
In particular, our attorneys can highlight potential difficulties if a holistic approach is not taken, such as the failure to ensure that copyright in commissioned works is assigned to clients upon payment for those works.
It is often only at the time of transferring copyright that a business appreciates the quantity of copyright that it owns; our attorneys are keen to raise awareness and consideration of this often-overlooked IP right with clients.
We also give advice and consider copyright as part of licensing, due diligence, broader commercial agreements, within larger IP strategies, and in contentious proceedings.