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Copyright

Copyright protects your work. As with other forms of property,
copyright can be bought, sold, "let" or given away.

Copyright protects "intellectual property", and allows the copyright owner of a work to control use of the work and to benefit financially from this.

An arts organisation is often a partner in creating new copyright works through commissions, and also makes considerable use of other people's copyright works, from existing scripts or paintings, to images or photographs for publicity purposes. As an arts manager (or a self managed artist), you need to be clear what protections and restrictions are provided by copyright legislation, and what actions you need to take in relation to copyright works. Copyright needs to be covered clearly in contracts with commissioned artists, writers etc, and in any collaborative projects.

You need to

  • be aware of copyright works that you are partners in creating (through commissions)
  • be aware of copyright works that you are using
  • ensure that relevant contracts cover copyright adequately
  • ensure that you have the necessary permissions and licences for use of copyright material
  • know where to get specialist advice when needed.

Key Resources on Copyright

Law of Copyright and Rights in Performance
by D De Freitas, Pub: British Copyright Council, 1998 £14.95 ISBN 0 901 737070
A useful little book, if rather dry and legal. It gives a comprehensive outline of the law, which is clearly written and easy to understand. This is the guide to go to when you need more detailed information about copyright law and to help you decide whether to take further expert advice. Review

Artists and Writers Yearbook
Pub: A&C Black
Articles on British and US Copyright and British libel law (not available from SAM’s Books – find in any large bookshop).

The Patent Office has a very informative website on copyright and other aspects of intellectual property (trademarks, designs and patents) at http://www.intellectual-property.gov.uk/

See also Visual Arts Contracts listed under Contracts Key Resources below.

For Dance

Dance UK produce an Information Sheet on Copyright in Dance– free to Dance UK members and £1 to non-members. http://www.danceuk.org/publications/pubs.asp

Look Before You Leap - An Advice and Rights Guide for Choreographers
by Ann Whitley
Pub: Dance UK 1995 £10 ISBN 0 9515631 2 2
This is a must for both choreographers and those involved with choreographers in the production of dance. It is very comprehensive, and very practical - covering contracts, money, copyright, rehearsals, working abroad, use of music, videoing, insurance and health and safety. If you are in dance it will become your constant companion! Highly recommended.

Useful Organisations

Collecting Societies who handle permissions and payments for use of copyright works owned by their members:

Design and Artists Copyright Society (DACS)
Parchment House, 13 Northburgh Street, London EC1V OAH Tel: 0207 336 8811
www.dacs.org.uk

PRS - Performing Right Society
29-33 Berners Street, London, W1P 4AA Tel: 0207 580 5544
www.prs.co.uk

PPL - Phonographic Performance Limited
1 Upper James Street, London, W1R 3HG Tel: 0207 534 1147
www.ppluk.com

MCPS - Mechanical Copyright Protection Society
29-33 Berners Street, London, W1T 3AB Tel: 0207 306 4500
www.mcps.co.uk

ALCS – Authors Licensing and Collecting Society
Marlborough Court, 14-18 Holborn, London, EC1N 2LE, Tel: 020 7395 0600
alcs@alcs.co.uk
www.alcs.co.uk

Further reading

(not stocked by SAM’s Books - all expensive reference books, so consult them in a library…)

A users guide to copyright
M F Flint pub: Butterworths, 4th edition 1997

Whale on Copyright, Jeremy J Phillips, 5th edition 1997, Sweet and Maxwell

Copinger on Copyright - the final word.