Copyright is a key tool for protecting and preventing unauthorised use of valuable business assets, including originally-created software, photographs, music, graphics, code and literature. Database right protects a business' investment in obtaining, presenting and verifying database contents. These automatically arising and unregistered rights are useful weapons for protection and enforcement.
Our team regularly works with clients dealing with issues that arise in relation to copyright and database right. We assist in identifying vital assets protected by these intellectual property rights, perfecting title to those assets, and implementing procedures to deal with the creation of new materials, by employees and independent contractors. We also advise on ownership (joint creation and co-creation), as well as qualification for protection and subsistence.
We guide clients on drafting and negotiating licensing and sale/purchase arrangements, and regularly advise on infringement issues, as well as permitted uses and exceptions when dealing with third party works.
Our work includes:
- negotiating the transfer of copyright in an unregistered trade mark for a real estate client
- enforcing artistic copyright in technical drawings to prevent unauthorised reproduction and dissemination by a competitor
- advising an independent writer and photographer on the permitted uses of commissioned works, including consideration of reproduction and hyperlinking.