The author (i.e. the creator) of a work is its copyright owner in the first instance. The term ‘author’ is not restricted to its literary sense but includes artists and illustrators, photographers, composers, film and record producers, film directors, and computer programmers. Publishers have copyright in the typography of published editions of works.
Copyrights can, by agreement, be shared or assigned (sold, bequeathed, or given to someone else). Such agreements do not of themselves extend the duration of a copyright. Moral rights always remain with the original author.
Where individuals produce intellectual property in the course of their employment the copyright in that property belongs to the employer. UEA, as employer, claims rights in the following categories
- teaching materials produced for all courses run under its auspices
- patentable inventions
- computer software
It is advisable to ensure that ownership of intellectual property rights is dealt with in your contract of employment.
Students own the copyright in their essays, assignments and theses, unless it has been formally assigned to UEA. Postgraduates submitting theses for higher degrees are asked to sign a general permission to UEA to copy extracts from their theses in relation to the university's teaching and research activity.
Where intellectual property has been commissioned, the copyright remains with its creator (say, a photographer) unless the contract specifies otherwise. However the customer possesses moral rights.
Authors submitting papers to academic journals are often asked by publishers to sign over the copyright. Any contract with a publisher should be carefully scrutinised, particularly in relation to copyright ownership. Valuable advice on this subject is available from the Authors’ Licensing and Collecting Society (ALCS).
Anyone submitting unsolicited work to publishers, broadcasting companies and film companies should take precautions before despatching the work to establish their identity as the author, the copyright status of the work, the date from which copyright is effective, and the terms on which the work is being submitted.
