If you’re a creative—whether you’re a filmmaker, photographer, musician, or designer—you’ve probably heard the term copyright thrown around. But what exactly is copyright, and why is it so important to understand when working on collaborative projects?
In this blog, we’ll break down what copyright is, how it works under the Copyright, Designs, and Patents Act 1988 (CDPA) of England and Wales, and why you need to be aware of when creating works with others.
We’ll also explain what happens if you don’t have agreements in place and why this can lead to joint authorship—which might not be what you intended.
Copyright is a legal right that protects your original creative works. It applies to many different types of creative content, including:
• Films
• Photographs
• Books and scripts
• Music and songs
• Designs and artwork
When you create something original, copyright automatically belongs to you, giving you control over how it is used. This means you have the exclusive right to copy, distribute, and adapt your work.
You don’t need to register copyright in the UK; it exists as soon as your idea is recorded in a physical form (e.g., written down, filmed, or saved as a digital file).
The Copyright, Designs, and Patents Act 1988 (CDPA) is the law in England and Wales that sets out the rules for copyright. It protects your rights as the creator of original work and outlines how your work can be used by others.
Under the CDPA, if someone uses your creative work without your permission, they could be infringing on your copyright. This law helps ensure that creators can benefit from their hard work and that their ideas are not exploited unfairly.
It’s common for creatives to collaborate with others on projects. You might work with a co-writer on a script, a co-director on a film, or a co-producer on a song. Collaboration can be exciting and lead to fantastic results, but it also comes with a potential legal risk depending on your intentions – joint authorship.
When you work on a project with others, and you don’t have a written agreement in place, the law might treat everyone involved as joint authors. This means:
• Everyone shares ownership of the copyright, even if they contributed differently.
• All joint authors must agree before the work can be used, licensed, or sold.
• Profits must be shared equally unless otherwise agreed, regardless of how much each person contributed.
Joint authorship happens when two or more people create a work together, and it’s not clear who owns what part. For joint authorship to apply:
1. All contributors must have made a significant creative contribution.
2. The work must be created with the intention that it would be a single, combined work.
For example, if two people write a screenplay together without any agreement, they will likely be joint authors. This can cause issues if one person wants to sell the screenplay and the other doesn’t agree.
Without a written agreement, you could be stuck in a situation where you need permission from everyone involved before you can use your own work. This can slow down your project, cause disputes, and even stop you from making money from your creation.
A written agreement clearly outlines who owns the copyright and how it can be used. It can specify:
• Who the authors are and what their contributions are.
• Who owns the copyright (e.g., one person or a company).
• How profits will be split.
• What happens if one author wants to sell or license the work.
To avoid disputes and protect your creative work:
1. Always have a written agreement before starting a project with others. This doesn’t have to be complicated—a simple contract can save you a lot of trouble later.
2. Keep records of your contributions. Save drafts, emails, and other evidence that show what you created.
3. Talk about ownership early. It might feel awkward, but it’s much easier to have these discussions at the start rather than dealing with disagreements later.
• Copyright protects your original creative works under the Copyright, Designs, and Patents Act 1988.
• When you collaborate on a project without an agreement, joint authorship may arise, giving all contributors shared ownership of the work.
• Joint authorship means you need everyone’s permission to use the work, and profits must be shared equally.
• A simple, written agreement can clarify ownership and help you avoid disputes.
If you’re about to start a new project or have questions about copyright and joint authorship, we can help. We specialise in supporting creatives and can guide you through protecting your work. Don’t leave your creative rights to chance—reach out today for 1-2-1 advice.
