MSR Solicitors offers expert legal advice and representation in all areas of law, including copyright law.
Copyright protects original literary, dramatic, musical and artistic works, and it arises automatically upon creation. We act for creators, publishers, businesses and licensees on all aspects of copyright law.
At MSR Solicitors, we are regularly instructed on copyright matters where clients require advice on ownership, protection, licensing, infringement and enforcement. We understand that copyright is often central to a business’s value, particularly in creative industries, technology, publishing and media.
Our work includes advising on copyright ownership and subsistence, drafting licensing and assignment agreements, managing disputes and representing clients in infringement proceedings.
We take a practical, commercial approach to copyright matters, recognising that legal rights must be balanced with business realities and that enforcement is not always the most cost-effective solution.
What is copyright?
The Copyright, Designs and Patents Act 1988 (or CDPA) gives the creators of original works the right to control how their material is used. Protected works include literary works, dramatic works, musical works, artistic works, films, sound recordings and broadcasts.
Copyright protection is automatic and does not require registration. However, proving ownership and the date of creation can be critical in disputes, and we advise clients on maintaining appropriate records and evidence.
The rights conferred by copyright include the right to copy, distribute, perform, communicate to the public and adapt the work. Infringement occurs when any of these acts are carried out without the permission of the copyright owner.
Copyright infringement and enforcement
We advise clients on all forms of copyright infringement, including copying, distribution, public performance and adaptation. Our approach is to assess the strength of the claim, the value at stake and the most appropriate route to resolution, whether that involves negotiation, alternative dispute resolution or litigation.
One of the key cases in this area is Lucasfilm Ltd v Ainsworth [2011], in which the Supreme Court held that the Stormtrooper helmets from Star Wars were protected as sculptures under UK copyright law and that the defendant had infringed by producing and selling replicas. The case illustrates the scope of copyright protection for three-dimensional works and the remedies available for infringement.
We draw on this authority and subsequent case law to advise clients on the boundaries of copyright protection and the likelihood of successful enforcement.
Copyright agreements
We draft and negotiate a wide range of copyright agreements, including licensing agreements, assignment agreements, publishing agreements, collaboration agreements and commissioning agreements.
These agreements are essential for ensuring that copyright ownership is clear, that licences are appropriately scoped and that parties understand their rights and obligations. We pay particular attention to moral rights, territorial scope, exclusivity, royalties and termination provisions.
Registration and monitoring
Although copyright registration is not required in the UK, we advise clients on voluntary registration services and other measures to establish evidence of ownership. We also assist clients in implementing monitoring and enforcement strategies, including notice and takedown procedures for online infringement.
Why MSR Solicitors
Clients instruct MSR Solicitors because we combine technical knowledge of copyright law with a commercial understanding of the creative industries and the economic realities of enforcement. We provide clear advice on rights, risks and remedies, and we work pragmatically to protect our clients’ interests.
Case experience
We recently advised a publishing company on a suite of copyright licensing agreements for the reproduction of educational materials, negotiating territorial restrictions and royalty structures. In another matter, we were asked by an author to advise on whether a work published by another author had copied his work.
FAQs
Do I need to register copyright?
No. Copyright arises automatically upon creation of an original work. Registration is not required but may assist with evidence.
How long does copyright last?
For most literary, dramatic, musical and artistic works, copyright lasts for the life of the author plus 70 years.
Can I use someone else’s work if I give credit?
Not necessarily. Credit does not replace the need for permission unless a statutory exception applies.
Typical process
- Initial consultation to assess copyright ownership and the nature of the issue.
- Advice on infringement, licensing or enforcement options.
- Drafting or negotiation of copyright agreements where required.
- Enforcement action, including cease and desist letters and court proceedings where appropriate.
- Ongoing advisory support on copyright management and disputes.
Contact our commercial team today for a free, no-obligation discussion.
