This Is From HM Intellectual Properties Office THE official last word
in such matters. I do hope that a certain trouble making little nark
takes note. IPC and Egmont tell me that they agree with this and stand
by the legislation.
Dry. Boring but then, it can't all be The Mighty Crusaders!
************************************************************************8
Subject: UK Comic Book copyright query
Hello.
I was wondering whether you could help me re. the above matter. I am a
comics historian/publisher and have, obviously, studied the UK industry for over thirty years
now.
Contracts were never signed between creators and comic publishing house such as
Fleetway, IPC, Odhams, etc. The companies changed hands many times over
the years with no new deals with creators. In fact (c) was not even given
on many titles.
I was put in contact with a solicitor last year and he sent me the following;
"UK Copyright
Someone was asking what the legal position is in the UK.
The writer and artist own the copyright in the strip jointly, under the
Copyright Act 1956 (or the Copyright Designs and Patents Act 1988 in the
case of more recent comics), unless there has been a written transfer
of their copyright ownership to a third person (such as the Publisher).
This is called Author's copyright. It lasts for the lifetime of the
writer and artist, and thereafter for a period of 70 years from the end
ofthe year in which the last survivor of them dies.
Each strip within an issue of a comic is thus the copyright property of
different people: i.e. the writer and artist who created that particular
strip; and so a lot of individuals will have copyright interests in
each weekly edition.
The Publisher has a seperate copyright (called Publisher's
copyright),which protects the entire published issue of a comic,
including its overalltypographical layout, not just indivdual strips
within it. This lasts for 25years from the end of the year in which that
issue of the comic was
originally published.
This second type of copyright has now expired for any comic with a cover date on or before 31st December 1984.
I was wondering whether you could tell me whether this is correct? The problem
is that many now retired creators are wondering where they stand -most get the
same (above) responses from solicitors as I had.
Any help in clarification would be very helpful.
My thanks in advance
Terry Hooper
IP OFFICE RESPONSE
Dear Mr Hooper,
Thank you for your recent enquiry. Although we are unable to provide legal
advice regarding specific cases, I hope the following general information is of
use to you.
Under the Copyright, Designs and Patents Act 1988, in the case of written
(including software and databases) theatrical, musical or artistic (including
photographic) works, the author or creator of the work is also the first owner
of any copyright in it. The only exception to this is where the work is
made by an employee in the course of his or her employment. In some situations
two or more people may be joint authors and joint owners of copyright (as may
be the case for instance with a comic strip).
Where a written, theatrical, musical or artistic work, or a film, is made by an
employee in the course of his employment, his employer is the first owner of
any copyright in the work (subject to any agreement to the contrary). 'In
the course of employment' is not defined by the Act but in settling disputes
the courts have typically had to decide whether the employee was working under
'contract of service'.
Where a person works under a 'contract for services' he may be considered by
the courts to be an independent contractor and his works may then be considered
to be commissioned works. When you ask or commission another person or
organisation to create a copyright work for you, the first legal owner of
copyright is the person or organisation that created the work and not you the
commissioner, unless you otherwise agree it in writing.
Even though the legal owner of copyright is the creator, it is possible that
the commissioner may be considered by the courts to be the beneficial owner of
copyright and therefore entitled to legal ownership. This could be where
you intend to stop others using or copying the work that has been commissioned
for instance a logo designed to be used as your trade mark.
I outline these points since you mention the absence of a formal 'signed'
contractual agreement between the creators and comic publishing houses.
In the event of a dispute as to ownership it would therefore be for the courts
to decide ownership and/or the nature of the ownership (it may be that there
are joint creators [writer and artist] and they may or may not have some rights
in the work along with the publisher). Each situation must therefore be
considered on its merits.
I would suggest the situation is less clear under the Copyright Act 1956 and
you may wish to seek further legal clarification of Section 4 and in particular
section 4.(2) in order to ascertain whether this situation could apply to
comics. This section seems to limit the ownership of a work by an
employer to the publication in his/her newspaper, periodical or magazine and
beyond that the creator would be entitled to any copyright subsisting in the
literary, dramatic or artistic work.
In relation to a publisher's rights I was confused as to the 1984 date in
relation to typographical arrangement (25 years from publication) but then
noticed that you sought this advice last year. The publisher may also
have copyright in the 'compendium' of strips which he has produced as a
comic. His copyright [as well as the individual creators in the absence
of any assignment to him] could therefore be infringed if the whole or a
substantial part of the comic is reproduced without his permission.
It should be remembered that irrespective of whether the creator or another
party own the copyright, then provided the creator died less than 70 years ago
the work is still likely to be protected. This will also be the case in
relation to publishers etc where the duration of copyright protection is
calculated from death of the employee creator. Again, where a company
changed hands or was bought it would be necessary to consider who then owned
the intellectual property rights. Under both the 1956 [s36(3)] and 1988
[s90(3)] Acts an assignment of copyright is not effective 'unless it is in
writing signed by or on behalf of the assignor'. Each situation should
then again be taken on its merits.
I hope this helps. I should emphasise that this information does not represent
legal advice but rather seeks to assist you on what issues you might seek
further legal clarification.
I hope this response has been some help to you.
Regards,
Copyright Enquiries
GOV.UK
