Intellectual Property And Digital Media Legal Excellence
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

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Discover Insights :

Website Development

 

Website Development lawyers

Website development lawyers provide 3 tips to protect a website from copyright infringement in this article.

Introduction

If you are an online business your website and content are your business and livelihood. Here are some tips from website copyright protection lawyers on how to protect your website from copy cats.

(1) Register your website – It is good practice to register your website with an official copyright authority in a competent jurisdiction. There isn’t an official copyright authority in the UK but there are organisations that provide a copyright service like UK Copyright Services UK©CS. Registration can be made online: £39.00 for 5 years or £64.00 for 10 years. Registration in the US is far more complex and you should consult a specialist before attempting this.

(2) Works – Note that you can only claim copyright of works in the website not the website itself. The following are kinds of copyright works may subsist in all websites irrespective of the industry.

–  Artistic Works being any graphics and/or frames generated and displayed to the user.

– Literary Works being any design notes or programs such as plug-ins or widgets.
Section 3(1) of the 1988 Act (as amended by the Copyright (Computer Programs) Regulations (1992) ) (Defines “Literary works”).

– Database Rights being copyright to a collection of independent works, data or other materials arranged in a schematic or methodical way and individually accessible by electronic or other means (Database). Must be an original database.

C.f. Database Directive 1996 (for British implementation see CDPA s.144A).

 Entertainment Websites in particular might include the following types of copyright works in addition to the types of copyright works listed above:

– Music Works – MP3 or WMA files embodied in the website are protected as long as you own the song copyrights or the master rights. The music is exclusive of any words or action intended to be sung, spoken or performed with the music. You must own at least one or all of these elements to have protection. Your work may be classified as a sound recording or a performance rights depending on which element of the music you own.

-Dramatic Works – FLV and other audio/visual files embodied in the website are protected as dramatic works. Again you must own the rights to one or all the elements of the dramatic works such as dancing, acting, choreography or the cinematography.

C.f. The Copyright, Designs and Patents Act 1988 (Defines “Artistic, Musical, Dramatic and Literal works”).

(3) Do you have a case for copyright infringement? – You need to consider the following questions:

Is the copying of your website substantial?

Is the owner of the website you allege has copied your website a former employee or have they worked on your website in the past? Is there any way that they could have access to the site plan or design notes for your website? You should note that most, if not all, browsers have a function that allows users to view the source code of the web page. Proving accessibility to your work is not difficult, but if the alleged infringer is a former colleague or employee then it is even better for your case.

Is your website unique in some way? Although this is not necessary for copyright to subsist it does help in proving “originality”.

Action

If the answers to the questions in paragraph (3) above are yes, then you may be able to bring an action for copyright infringement of your website.

Useful Links

Online content removal lawyer

Online content removal solicitor

Domain Disputes

COPYRIGHT LAWYERS LONDON

PAIL Solicitors is a UK based law firm with expertise in New Media (Websites), Media and Entertainment and Intellectual Property Law. More About Us

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

 
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