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Copyright

Unlike a patent, trademark or a registered design, works protected by copyright do not have to be registered as such. All that is required is that the creator exercised skill and judgement in creating the work, and that the work is permanently recorded in some way. Because of this, copyright protection covers music, photographs, paintings, sound recordings, videos and other forms of work. The legal system has a very low threshold for the 'skill and judgement' that goes into creating a piece of work, and simply positioning a microphone and switching it on can constitute enough effort to own the copyright of a sound recording.

However, even in this simple case, there can be disputes as to the ownership of the copyright material. The person who set up the microphone might have copyright in the recording, but if they were recording somebody singing a copyright song, they would be infringing the copyright of the song's author. This demonstrates some of the complexities surrounding copyright law, and it is always essential to consult a specialist solicitor in cases where you intend to profit from exploiting your copyright work, particularly where more than one person is involved in its creation. Clearly, there are some defences to copyright infringement, such as academic research, or public interest, however, these are contentious and very legally technical. A specialist advisor should always be sought in cases of copyright infringement, either if you are accused or believe someone has stolen your work, as the rise of the information-based economy has increased the value of copyright and of owners' willingness to protect their property.

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