Do I need to register my copyright?

Copyright protects the expression of an original idea. It arises automatically upon the creation of a particular work (e.g. a written work or a graphic work) and, under UK and EU law, does not require a registration in order to be enforceable. This has the significant benefit of making it free to own and contrasts with other IP rights such as trade marks and patents which do require registration.

Whilst the position on copyright registration beyond the UK and EU is far from consistent, there are international treaties in place, most notably the Berne Convention, which can help claimants to enforce their copyright overseas.

However, it is advisable in some jurisdictions (e.g. the US and China) to register your copyright, rather than relying on unregistered rights. Registered copyright, in applicable jurisdictions, provides benefits on enforcement and strengthens any infringement claim, such as:

• prima facie evidence of ownership: registering your copyright creates a presumption that you are the owner of the works in question, whereas if unregistered, the onus would fall on you to prove that you are the owner of the works in copyright infringement cases;
• leading to increased damages: in jurisdictions such as the US, statutory damages are only available for copyright infringements that occur after a work is registered with the Copyright Office, this is in addition to actual damages recoverable regardless of registration of copyright; and
• being less costly to obtain: registered designs (which primarily protect the shape of your product) can be expensive to obtain in jurisdictions beyond the UK and EU, so relying on copyright registrations in certain territories can prove to be a cheaper option.

At Briffa, we have a wealth of experience across the IP spectrum, including copyright law. We can help you with navigating copyright registration outside of the UK and EU to aid your business’ expansion. Just get in touch to discuss this further.