Impacts of digital technology on wider society - EduqasThe Copyright, Designs and Patents Act

The Copyright, Designs and Patents Act 1988 exists to protect personal or organisational creations.

When a person creates something, they own it. What they create might include:

• a picture, drawing or photograph
• a video, television programme or film
• text, such as a book, article or report
• a game or computer software

Copyright is a legal means of ensuring that content creators can protect their work. Copyright is applied automatically - it is not necessary to register copyright or to use a © symbol. Work is automatically protected by copyright unless the copyright holder chooses to give that right away.

Copyright gives the copyright holder exclusive rights to publish, copy, distribute and sell their creation. No one else can use the work without permission. When someone buys a book, film or album, the copyright holder grants permission for it to be used as part of the sale. This is called a licence. The licence is generally only for the buyer to use.

When using computers, unless you have permission with regard to particular copyrighted material, it is illegal to:

• make copies of the material
• publish it and sell it without permission
• distribute it to other people
• sell copies to other people

This applies to any copyrighted material, such as music, films, games and television programmes. The internet has made it extremely easy to access copyrighted material illegally. Downloading a music track, film, game or programme without the copyright holder’s permission is against the law.

There are, however, some situations where it is legal to copy, publish, distribute or sell copyrighted material. These are:

• when you are the copyright holder
• when you have the copyright holder’s permission
• when the copyright holder has chosen to give up their copyright

Creative Commons licensing

Creative Commons (CC) licensing makes it easier and legal to share copyrighted work online.

CC licences help copyright owners share their work while keeping the copyright. They allow the copyright owner to say exactly what other people can do with it. For example, a CC licence might say that other people can copy and distribute the copyright owner's work if they give them credit.

In the UK there are a number of CC licences:

Many people mistakenly assume that Creative Commons licensing is automatically assigned. They then, without realising it, illegally use it at work. It must first be granted by the copyright holder of the work. A good example of this is images uploaded to the internet. Just because the image is available does not mean it has a Creative Commons licence.