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.
Even if you have not taken any steps to register them, copyright and database right arise automatically in the UK – so you may have protection without even knowing.
Copyright is incredibly adaptable, and protects a variety of different works – software, photographs, drawings, sculptures, code, music and lyrics, literature, paintings, schematics, manuals and instruction guides, sound recordings and films – to name a few.
Where data is involved, database right may sit alongside copyright, to protect your investment in obtaining, presenting or verifying the contents of your database.
So how do you know what you've got? That's where our team come in.
As they're unregistered rights, copyright and database right owners won't have a certificate or their name on a register, so many businesses struggle to prove they own the rights. This can be a fundamental stumbling block when it comes to granting permissions to third parties to use them, or indeed trying to stop misuse.
Furthermore, as there is no copyright in an 'idea' we can help you introduce IP management activities to help codify the idea into digital or written form, for example, and convert it into a valuable copyright asset. These steps will also help you evidence your own independent creation when exploiting or defending your rights, especially in the age of AI.
Our lawyers are on hand to help with those tricky situations, making sure the right person is the owner if in doubt, and guiding you through the process of establishing the rights exist.
Your team
Your copyright and database rights team
As you can imagine, a whole array of companies, creators, developers, designers, artists and innovators seek copyright advice – and we're happy to work with them all. Copyright is synonymous with protecting "intellectual creation", and we want to support you in preserving your creative endeavours.
As data becomes a more important asset in today's technological environment, businesses are looking a new ways of exploiting their data, which means they need to secure the rights in their datasets.
Here’s a snapshot of services on offer:
Identification: The what and how – training your team on what copyright and database right protects, and how they can prove they exist, including recommending policies and procedures to get it right every time.
Collaboration and commissioning: Teaming up with another business? Or asking someone to create something for you? Despite paying for such work, you may not own it. We can help ensure the rights vest with you and advise on issues like joint creation, eligibility for protection and moral rights.
Licensing arrangements: Finding new opportunities to utilise your assets? Drafting and negotiating licensing agreements is our bread and butter.
Infringement and defences: Whether a third party is misusing your work, or you need clearance for use of a third party work, our team is there to navigate the possible courses of action.
Beyond that, we’ve negotiated copyright transfers for real estate companies, safeguarded artistic copyright in technical drawings, provided guidance to independent writers and photographers regarding commissioned works and permitted uses and educated creators and AI developers on protection and use of copyright works.
In need of a copyright and database rights lawyer? Look no further.
At Womble Bond Dickinson we have an exceptional team of talented lawyers and business professionals who can offer guidance and find the solutions right for your business. We have both broad and niche expertise across all our UK and US offices.
Advising Barbour (amongst other retailers) on copyright infringement in relation to its clothing designs
Advising the Department for Business & Trade on the formulation of an intellectual property framework surrounding the government's National Digital Twin Programme (NDTP)
Negotiating copyright licensing terms in relation to various construction projects
Advising National Grid on the legal framework and contractual terms of a research and collaboration agreement involving the development of a novel way of remotely monitoring pipeline integrity using advanced technology and software
Advising on copyright (music and artwork) licensing as part of an investment from an entertainment company
Testimonials
"‘Always deliver easy to understand advice on IP, trademarks, copyright, and design matters.’"
Legal 500 Yorkshire 2025
“Lovely people to work with, great attention, good and strategic advice, a very good counsel.”
Legal 500 2024
"They are very approachable and responsive as well as simply nice! They are wonderful to work with. Highly recommended. The are always willing to go the extra mile.'
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