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They won't give me the copyright. Does that matter?
We use copyright material in many aspects of our everyday
life. We wake up and may listen to or watch a broadcast, read
a newspaper, look at the back of the cereal packet.…..and
so on. In many cases we do not need or want to own that copyright
material. This is because we have permission to use the copyright
in some limited way, and that is all we need. So, for example,
we may just want to keep the cereal packet in the cupboard,
and do not want to make a copy.
You can get permission, known as a "licence", from
the owner of copyright to do anything that you like with it.
Generally speaking, from a legal perspective you just need
permission to copy (1), to adapt, to distribute or lend copies
to the public, and to broadcast the copyright material (2).
However, few owners are likely to write that sort of blank
cheque.
In some instances, you will have no choice but to accept
what you are offered. Calling Bill Gates to ask to buy the
copyright in Microsoft Word is unlikely to get you very far.
It is best just to scroll down, click the button and face
the consequences, provided that you have the right type of
licence.
If, for example, you buy a CD, you get your bit of plastic,
plus an unwritten licence to play it at home. The licence
is unlikely to extend to playing the CD for your local fete;
certainly not to copying it.
Even if you have the right licence, you still need the right
licensor. An unscrupulous or careless copyright owner can
sell the rights over your head, leaving you without a licence,
and just the right to sue the copyright owner for damages.
So there are advantages to owning the copyright, instead of
taking a licence.
You need to pick your moment to ask for the copyright. If
you pay a designer to produce a logo or a website especially
for you, it is well worth asking for the copyright and any
registered design covering it. In this sort of case it would
be silly not to insist on owning copyright. You will not own
it automatically just because you pay for the work. It is
always best to get a transfer document drawn up.
Ownership gets a little more complex if you are going to
share copyright with somebody, so we suggest that you ask
us about that. Indeed, please feel free to call us if you
would like to discuss any of this. We would be happy to check
that you have the correct licence, and if you are buying your
copyright, to take a look at the rights that you are offered.
As you may appreciate, we have had to simplify some of the
material that we have set out above, so you need to obtain
professional advice to suit your individual circumstances.
(1) In the context of software this includes normal use,
as running a programme involved copying.
(2) Other types of permission are required for performances
and dealing with "bootleg" copies.
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