Monday, 15 September 2014

Looking further into Copyright

This is a post showing how we looked into copyright, in the UK if you have proof you created it first, thats the end of it. Overseas however, such as putting your work online and it being copied by an abroad citizen, the laws fall into a grey area. So we thought it safe to look into how to protect our work worldwide.

Fact sheet P-26: Registering art and design work

  1. What to register 
  2. When registering copyright artwork you should submit copies of the work as evidence of the content of your creations. Do not send the original artwork. Your submission simply needs to be adequate to record the nature, content and design of your work, and what you actually submit will depend on the type of work you are registering. 
    1. Artwork, plans or designs produced or stored electronically. If the work exists as a computer file, then submitting a copy of the computer file is normally the best option. If the artwork was created using a software package that stores files in a proprietary format that cannot be opened by other applications, it may be advisable to include a version exported to a more common format (such as a PDF JPEG/JPG, PNG, SVG, TIFF, MS Office, etc.) to ensure future readability.
    2. Technical drawings, plans or designs on paper/printed materials. For work that only exists on paper, if it possible to scan the work to an electronic format or take photos using a digital camera, the image files from your scanner or camera can be submitted during online registration or on a CD/DVD or USB flash drive with a postal application.
      Work can also be submitted either as hardcopy prints, photos, or photocopies if a postal application form is used.
    3. Physical artwork, paintings, drawings, etc.If the work is a flat physical item such as a small painting you may be able to use a scanner to convert it to an electronic file.
      For most other items it is best to photograph your work using a digital camera and submit the image files. One picture should show the entire work and close ups of any detail not clear in the main photo can be included if needed. It is a good idea to include something in the images that gives an idea of scale; a person or a ruler are common choices.
      Work can also be submitted either as hardcopy prints/photos, or photocopies if a postal application form is used.
    4. 3D work like sculpture, jewellery, etc.For three dimensional items you should include photographs or plans of the work. Photographs are perfectly adequate to record the nature, content and design of your work and are an ideal way to register 3D items.
      There should be images showing the complete work from each angle; i.e. one from the front and back, plus sides if needed. You should also include close ups of any detail that is not clear in the main photos. It is a good idea to include something in one or more of the images that gives an idea of scale (i.e. a ruler). For small items it is fine to include several items in the same photograph.
      Copies of any plans/designs or technical drawing detailing the work are also acceptable.       
  3. How to register. Copyright registration can be carried out either online or by postal application.
    Online registration is cheaper and will provide immediate cover for your work.
    If there is a large amount of data, or if you have a slow or unreliable Internet connection, you may wish to consider a postal application instead.     
    1. Registering by postal application. If registering by post - simply send the copy of your work either on CD, DVD, USB drive or as paper copies with your application form and payment.
    2. Registering online. During online registration you will be asked to upload the files that make up your work.
      If you have a lot of files we strongly recommend that you take the following steps:
      • Create a directory on your computer to temporarily store the files.
      • Copy the files/images you wish to upload to the directory you just created.
      • Use an application such as WinZip, WinRar/Rar, 7-Zip, StuffIt, or Tar to create an archive file (i.e. a .zip or .tar.gz file) from the directory (so you now have a single archive file containing your work).
      • Upload this archive file when prompted during the online registration process.
      We will accept any type of compressed archive files, although we recommend that a non-proprietary format (i.e. .zip, .tar.gz) is used. As with all electronic files you should choose common formats to ensure that software to read the files will be available in the future.
      Please be patient while uploading as most domestic ADSL lines will upload at around 1-2MB/minute, see our upload advice page for more details.       
  4. A collection of related pieces may be a single work. Sometimes a work may in fact be a number of items that are part of a larger project. For example a range of jewellery designs or a range of card designs. It is quite normal for designers to register a collection of designs as a single work and therefore pay one registration fee for the collection. In such cases you would simply enter a single title for the collection as a whole as the ‘title of work’ on the application form and submit all the designs that are part of that collection when registering.
    It is also possible to add updates to a registration as a project evolves over time (i.e. if new designs are added to an already registered range of card designs). Updates to an already registered work are charged at a reduced rate, for more details please see our Updating Copyright Registrations fact sheet.     
  5. Common questions
    1. What resolution should images be for registration?The resolution of the image does not really matter. You should simply ensure that the resolution is high enough to clearly show the content you are seeking to register.
    2. Is registration also evidence of design rightsYes, though there are two types of design right, a ‘registered’ and ‘unregistered’ design right.
      A registered design right (which covers the work for a longer period) can be applied for at national level, typically via the national Patent Office of the country in question.
      Unregistered design rights are automatic (just like copyright) so a registration with ourselves will be evidence of the unregistered design right in the same way that it is evidence of copyright.
    3. What is the best format for images?JPG/JPEG files are a good format to use for images as they are generally smaller files, (due to compression), and can be read by most applications.
Our work will end up online, and so should fall under "A collection of related pieces may be a single work." We then looked into further detail, and what would happen if we wanted to add more images to be copyrighted under the same collective.

Updating Copyright Registrations

  1. When should an update be used? An update should be used if you have already registered a work, but the work has significantly changed since registration.
    Perhaps you revised or continued to develop significant content, or had a rewrite. If you want this new content to also be included in the registration, this should be added as a registration update.
    Of course, you may never need to make an update, but if yours is work which is updated regularly, (web sites are a good example), or is subject to re-writes, (such as manuscripts, screenplays and other documents), and this facility can prove very helpful.
    2.   
  2. How do registration updates work?Registration updates are perhaps best thought of as a ‘mini’ registrations that can be added to an existing registration. Each update has its own individual record of date and content, but it also shares the main registration number and expiry date.
    The date and content of the main registration remains on record, while each update forms a separate item of evidence with its own date and information.  
  3. What are the advantages?Because new versions (updates) can be added without the need for separate registration, there are several advantages:
    1. Easy to manage:Using the update facility, you only have one registration per work, regardless of how many times you update that work or how much it changes.
    2. Reduced cost:As the initial administration has been completed, updates are generally much cheaper than new registrations, also, at the end of the registration period, you only have one registration to renew to continue cover for the work.
    3. Proof of evolution of your work:As each deposit is individually recorded, from the point of registration through to the last update, a full record of the evolution of the work is available if you ever need to prove your claim in a dispute.
     
    1. Is there a fee for processing updates?Yes, we must treat every submission as a separate item of evidence with its own chain of custody, and process it accordingly. There is always a processing fee, but typically updates are much cheaper that new registrations. Additionally, the financial transaction itself leaves its own audit trail and provides another layer of verifiable evidence.
      The current update fees are:
      1. Online registration updatesThe current charge for updates via our online upload facility is £17.00 per work.
      2. Registration updates via postal applicationThe administration charge for postal updates is £24.00 per work.
        Media types that involve additional processing will also incur an additional fee to cover the extra time involved in processing these types of works. Please see our registration format pages for details on accepted media types and fees.
       
      1. NotesAn update can only be made to a work that is already registered. If your work has not been registered, or for new work not related to an existing registration, please register via thestandard copyright registration facility.
        The online update facility as well as postal update forms can be accessed via the copyright registration update pages of this site.         
      1. Common questions
        1. When I submit an update will it overwrite files I have already submitted?
          2. No. Every submission it treated as a separate deposit of evidence with its own date and reference, nothing is ever overwritten.
        2. Do I have to submit the whole work again every time I update?If only a specific part of the work has changed, it is fine to just submit the new/changed part(s).
        3. What should I enter in the ‘new title’ field?If the main title for the work a whole that is shown on your last certificate is no longer correct enter the new title for your work here, otherwise you should leave this blank.

        I then looked into how much this would cost, as so far they have avoided how pricey this will be. the answer was here: 

        Online processing fees

        1. Copyright registration The current charges for online registration are £39.00 for 5 years or £64.00 for 10 years per work.
        2. Registration updates The current charge for updates via our online upload facility is £17.00 per work.
        3. Duplicate certificates & sheets of registered notice labels The current administration charge for duplicate certificates and registered notice labels is £3.00.
          Sheet of labels are £2.00 each, and certificates are £2.00 each.
          Delivery is FREE for the UK, Isle of Man and Channel islands, £1.00 for Europe and £2.00 for the rest of the World.
        4. Duplicate work £25.00 per work.

        This was very frustrating, as I do not know if this means if I copyrighted my work online, for 5 years, it might be £39.00 per page of each comic, which could cost thousands of pounds I do not have. Following this, I looked into the websites definition of "registering collections of related items."

        Registering collections of related items

        We are often asked if it is possible to register a collection of related copyright works as a single item, and therefore only pay a single registration fee.
        Typical examples would be:
        • Collections of poetry.
        • An number of music tracks, i.e. an album, EP, demo, etc. containing multiple songs.
        • Collections of photographs.
        • Card designs.
        • Other collections of artwork, drawings etc.
        The simple answer is ‘Yes’, it is certainly possible to include a number of related works as a single registration, provided the following conditions are met.
        1. The items being submitted together should make sense to you as a single projectFor example, if you were registering a music album as a single work, it would be normal to include any of the following:
          • The songs themselves (i.e. audio recordings).
          • Artwork for the cover and inlay card.
          • Lyrics used on the album.
          • Supporting documents, such as musical score, notation, midi files, etc. that directly relate to the songs on the album.
          You should not include items that are not directly related to the work being registered. Unrelated items should be treated as such and registered separately.
          The registration should reflect reality - if there are really two works there should be two registrations.
        2. A registration can only have a single title.As a registration may only have a single title - The ‘title of work’ on the application form, you should therefore choose an overall title that describes the collection as a whole.
          In our example of a music album, it would be normal for the work title on the registration form to be the album title, (not a list of song titles).
          The individual titles of separate items, (if they have titles), would become part of the content of the overall registration. The registration title should be regarded as a simple ‘one liner’ that means something to you and will identify the work to you.
          There is also an ’additional information‘ area on the application form where you can enter extra information to help you identify the items deposited if you need to.
        3. The copyright ownership of all the items submitted together should be the same.If this is not practical, then all owners should agree to the submission and we would recommend that a separate record of individual ownership is kept by the registrant detailing the individual assignment of rights.
        To register a collection of related items under a single registration, simply enter a single collective title (i.e. the album/EP title) as the ‘title of work’ on the application form, and treat the collection as a single.

        From what we understood, we could copyright an entire project with multiple images, but to be sure we understood this correctly, we decided to ask them directly.
        We later received this response:


        I am now sure of how I can upload my work to copyright and ensure its is protected, at minimal cost.

        All this information cal be found at these links:
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