February 1, 2023

I’m only guessing this, but it seems the phrase “intellectual property” is rarely used in its right sense. Perhaps the only place where the word’s meanings are non-negotiable is the courtroom – but even there it is debatable! As a blogger and web content creator and publisher, I’d prefer you understand IP law, and how it affects your use of internet sources such as images, from your home (and not the court). So, I’ve compiled this guide to demystify these two words in combination with blog images and visual content in general. You ask why? Well, having come across copyright infringement cases I want to pass on my experience, lessons, and research and share it with my blogger community to create more awareness of this complex and haunting topic. You can also check out this post I’ve written and published on ClickDo’s Blog: IP and Copyright Law in the UK – what are legal Images? If you’re a creator of content, this 322-page document is essential reading for you. It’s the Copyright, Designs and Patents Act 1988. Then, there’s more. The following four acts also intersect with intellectual property laws in the UK. Trade mark act 1994 Registered Designs Act 1949 Video Recordings Act 2010 Fraud Act 2006 Some disclaimers: There’s no replacement for reading the entire activity on your own. Tedious; I totally understand. Nothing you read on the Internet (this guide included) can replace contextual advice from an expert attorney or IP lawyer. This guide is made to give you some curiosity and direction so that you can then discover the answers to your specific questions. Given the abysmally low probability of the readership of this article consisting of legal minds, here is the “at a glance” version of UK Copyright and IP law: Within the UK, Copyrights are automatic in nature, which means that there is no protocol or formality needed to acquire them. Point number 1 also means that there is no central organization that handles the registration of your Copyrights. In short, if you are the creator of something, its copyrights will automatically rest with you. For content publishers: as stated above, creators of images and artwork automatically receive copyright protection whether or not they apply for it, and it is also given to them whether or not they use the copyright symbol in their works or not. [For people who use licensed images]: This translates to increased risks of copyright claims for users if they do not pay meticulous attention to what license their chosen images are billeted under (the safest license under which you can use images for your publications is the creative commons license). Now, when it comes to creating content, in the UK, you are automatically covered. How does the Copyright Act apply to Blog Images from the Internet? Does copyright apply to the Internet-sourced images I use in my content? Short Answer: Yes. To put it in simple terms, a copyright holder can release his/ her/ their works for public use with certain limitations imposed on how you can use those works. Each limitation has a keyword, which is described below, including the restrictions it comes with. For example, a “Copying Restriction” prohibits you from copying the work in any form whatsoever, so it is for your personal use only. The full restriction list can be found here: # Imposed Limitation What this means for you Additional Reading 1 Copying The work is for your use only, and both electronic (e.g. scanning) and manual (e.g. tracing) forms of copying the copyrighted work are prohibited, 2 Copying Issues To The Public You cannot publish the work on any distributable material that you create. 3 Communicating The Work (To The Public) Basically the same limitation as “Copying Issues To The Public”, but with the add-on of you not being able to use such works with the internet, radio, TV, or other such distributive publications. 4 Performance You cannot use such protected works for public performance, and specifically for images, they cannot be displayed in exhibitions. 5 Rental, And Lending Restrictions The thing to note with the terms “renting” and “lending” is that renting is only done for profit. Under this restriction, you cannot rent, nor lend such protected works to anyone, for any reason. Governmental Renting And Lending: Artistic Limitations 6 Adaptation You cannot translate such protected works to another language, or adapt them in any way or form whatsoever. Thus, these works are for your use, “as is”. Simply, under copyright law, without the owner’s permission, you cannot: Copy, Distribute, or Lend the work. Publicly display the work. Adapt the work. If you want to find the owner of a copyright, you can check the British Copyright Council, but no copyright owner is obliged to register here so they still own the copyright to their work even if not listed here. What are the Consequences of Violating the Copyright of Blog Images? If you are found guilty of copyright infringement in a magistrate’s court, you could be fined up to 50,000 GBP, and could also be slapped with a jail term of up to six months. Yes, you read that right! If the case reaches a Crown court, the fines are unlimited, and up to ten years in jail. I know, shocking! Instances, where an entity pursued legal action for copyright in the UK, are: New English Teas Vs. Temple Island Collections Ainsworth Vs. Lucasfilm Exxon Vs. Exxon If someone infringes upon copyrights, the administering organization/individual and/or the owner of the copyright have the right to file and pursue a claim to their copyright through the judiciary in the UK. This often gets very expensive for the infringers, with them having to pay for the cost of using the image, their own legal fees, and the copyright owner’s legal fees, and all this can quickly amount to much more than the costs of using the image, to begin with. To boot, infringers may also be asked to remove at their