MARCH 2010 - CONSUMERS NOT ALONE IN COPYRIGHT CONFUSION
- NEW RESEARCH INDICATIVE OF BIGGER PROBLEM, SAYS WILKES -
Businesses are just as confused as consumers when it comes to copyright and other legal protection, according to The Wilkes Partnership, following new research from the government’s consumer watchdog, Consumer Focus.
In the watchdog’s latest research, 73% of a survey of 2,000 people said they did not know what they could copy or record on their computer. The current law states that it is illegal for anybody to copy a CD or DVD onto a computer or an ipod for their own use, meaning millions of people are regularly breaking the law.
The Wilkes Partnership believes, however, that businesses are just as unclear on the definition of copyright, potentially leaving themselves open to prosecution or at risk of having their own rights infringed. Commercial operations are typically the focus of law enforcement, making it more likely that businesses, rather than consumers, will be prosecuted under copyright law.
Assistant solicitor at The Wilkes Partnership, Jon Huskisson, explains: “There is definitely confusion in the business world with many businesses believing that copyright needs to be registered, while others might simply use the word copyright as a catch-all for intellectual property. There is also little knowledge of unregistered design right amongst businesses, which is often a more useful protection if the creation of the design is well documented.”
Huskisson also believes many businesses wrongly assume their outputs are automatically protected by intellectual property rights and that sub-contracted work falls under their ownership.
“Lots of businesses don’t realise that work must be original to qualify for IP protection, it’s not applicable to all work. Ownership is a further source of confusion. In particular, if a business commissions work which is subject to copyright, such as photography for a website or brochure, then the photographer owns the copyright unless an agreement to transfer the right is made. More often than not these sort of agreements are informal and businesses come unstuck when it becomes apparent that the copyright they are seeking to enforce doesn't belong to them. It’s a common problem,” he adds.
The confusion amongst consumers has led Consumer Focus to call for an update in the law, but the Intellectual Property Office has said that a short-term fix on copyright issues is not appropriate. There are also no plans to review current copyright laws appropriate to businesses.
Huskisson expects this area of the law to continue to lead to confusion and urges any business unclear on copyright or concerned about the protection of their work to consult a solicitor for guidance.
