As soon as an idea is expressed in a tangible form (for example, a novel is written) copyright comes into existence. Read on to discover the impact of copyright in novels.
What is copyright?
Copyright is a type of intellectual property right that protects the expression of an idea and prevents the copying of another’s work.
Copyright in novels
UK copyright protects different categories of works. Novels fall within section 1(1)(a) of the Copyright Design and Patents Act 1988, which protects original literary, dramatic, musical or artistic works.
Originality means that the author must have created the work through their own skill, judgement and effort, and that it is not copied from another work.
How does copyright occur?
Copyright is automatically occurring; therefore, you do not need to apply for or register the right in the UK (unlike the US for example).
Who is the copyright owner of a novel?
The standard rule is that the first owner of copyright will be the author, being the person who wrote the novel.
What about illustrations within the novel?
Illustrations within novels will be separately protected under copyright for artistic works. If the author of the novel is also the illustrator for the work, they will own both forms of copyright.
However, if the author has commissioned a third party to create the illustrations, the third party will own the copyright in the illustrations, even if they are paid for that work, unless there is an agreement in place between the parties that says otherwise.
How long does copyright in a novel last?
The duration of copyright is dependent on the type of work created. For literary, dramatic, musical or artistic works, copyright expires 70 years from the end of the calendar year in which the author dies.
How do you use a copyright notice?
It is sensible to include a copyright notice on your work. Although this serves no technical legal function, it does give notice to the public that you are treating the material as your copyright material. Having a clear copyright notice will hopefully assist in deterring infringement of that material.
Should you need advice on copyright protection, please get in touch with our Intellectual Property, Data Protection and Technology team by phone 0345 450 5558 or by email enquiries@stephens-scown.co.uk