Who owns copyright and what is protected?
The creator’s rights…
The creator of a work usually owns copyright in that work,
however like any form of property, copyright can be bought, sold or
leased. In the case of a book, the author will usually be the
copyright owner, however he or she may grant an exclusive licence
to a publisher to publish the book. The author may alternatively
sell (assign) their copyright to the publisher. Where copyright is
licensed, the licensee (the party receiving the licence) will enjoy
certain rights in respect of the relevant copyright work. With
respect to your own academic publications it is recommended that
wherever possible you retain the copyright.
Ownership depends on format…
Copyright ownership also depends on the format of the work, so
in the case of a sound recording the producer owns the copyright in
the sound recording. The copyright in a film is owned by the
producer and principal director and in a broadcast it is owned by
the person or organisation who makes the broadcast. Other forms of
copyright may subsist in a sound recording, film or broadcast. For
example, there may be additional rights in the script or music used
in making the film.
Employer as owner…
However, if a work is created by an employee in the course of
their employment, the copyright in that work will be owned by the
employer, unless there is an agreement to the contrary. In the
higher education sector there have been ongoing debates over
intellectual property rights of materials prepared for teaching and
research. This guide does not cover this in any detail, but
generally if you are employed to undertake a task, then the
copyright in the work created in the course of that task will be
owned by your employer. Conversely, students will own copyright in
all their work unless there is an agreement to transfer the
copyright to the educational institution.
So who owns it??
Often the easiest way to determine who owns the copyright in a
work is to look for the internationally recognised copyright symbol
©. This is not a definitive statement as to ownership of the
copyright in a work, but it is good practice to include this along
with the name of the copyright holder and the date of publication
on any work where you wish to claim copyright. So, for example this
guide contains the following ©Jane Secker. However never assume
that a work is not subject to copyright because it doesn't include
the copyright symbol. Also note that in the UK copyright does not
need to be registered and comes into being when a relevant work is
created.
©2011 Jane
Secker, adapted for use at York St. John University
© Copyright 2013 Information Learning Services
Fountains Learning Centre, York St John University, Lord Mayor's Walk, York, YO31 7EX
T: 01904 876696 F: 01904 876324 E: libraryqueries@yorksj.ac.uk