Ownership of copyright

Copyright is for what you’ve created. If you’ve shared an original photo or video you made, you own the copyrights. However, if you post someone else’s content, you usually don’t.

Social media platform rules

Usually, you have rights to the ‘original’ photos you post, yet, when you agree to platform rules, you also let them use your photos or videos in specific ways. This helps them function according to the contract you’ve agreed to. Most platforms ask users to accept they own the rights to what they share. If someone uses your content without permission, they’re breaking the rules.

Using photos and videos safely

Getting consent to use others’ work is ideal, but it’s not always possible. If copyright in content has ended (generally 70 years after the author’s death), anyone can use it. This makes it important to identify an exception to copyright infringement under the Copyright, Designs and Patents Act if you must use content belonging to others and you do not have consent. If an image or video is obtained under a license allowing commercial use, you can use it while following the rules. You’re good to reshare content on social media as long as you’re not pretending it’s yours, you follow the rules in the licence and you credit the author. It is important to pay attention to the scope of any licence. For example, if you use a photo or video for commercial purposes when you only have an editorial licence, you will be in breach of copyright.

When to ask for permission?

If you want to post someone else’s content on your account, you must ask for permission. Unless there’s an exception the Copyright, Designs and Patents Act , for example, the exception allowing fair use, using original work without permission violates copyright laws. This could lead to legal issues. Whether you plan to share a friend’s picture of you, or a photographer snapped your photo at an event, and you want to share it, always ask their permission.

Facing copyright trouble

The owner of copyrighted content can start legal action against those who misuse it. In the UK, copyright doesn’t need registration, so legal steps can begin swiftly. If someone threatens you with legal action for using their content without permission on social media, seek legal help. We, as your intellectual property lawyers, can compare the content in question with yours to see if there’s a case. We’ll also guide you on potential infringements and help build your defence. Our first step would be to communicate with the copyright owner to find a solution.

Panoramix, your social media copyright partner

Promoting your business on social media? Let’s talk about copyrights and what’s allowed. Our team of experienced legal professionals is eager to assist. We’re here to guide you through the ins and outs of intellectual property on social media. Get in touch with us today to ensure you are protected.

Take the first step toward understanding social media copyrights with Panoramix. Contact us right here.

Your intellectual property is one of your business’s greatest assets – regardless of whether you’re just starting out, or you’re a little more established. Taken care of properly, and leveraged in the right way, it can be a useful tool in supporting your business to reach its full potential.

That being said, your intellectual property is only as valuable as the legal rights you have in place protecting it. For that reason, it’s important you take the time to really understand what types of protection are available to you. But doing that, knowing where to start and having the confidence to take that all-important first step, can sometimes be a tad tricky. There are so many different kinds of protection, and the terminology that’s used is so often misused, it’s easy to lose sight of what the right approach is.

Copyright and patents are two of the most common forms of intellectual property protection. But they’re also two of the most commonly confused. That’s why we’ve decided to break them down. So you can start to get your head around what they really mean and how they could help your business, with complete clarity.

What is a patent?

Patents protect inventions. Think machinery and electronics, medicines and computer programs, processes and products. They’re a powerful tool for businesses looking to safeguard their assets against unsolicited distribution or use.

For example, let’s say you’ve invented a new type of smartphone that has a unique feature that no other smartphone has. This feature is your competitive advantage, which of course means you’ll want to make sure no one else is able to take advantage of it without your say-so. That’s where a patent comes in. With a patent on your side, you’d have complete control over what you chose to do with your innovation. You could manufacture and distribute it wherever you liked, use it whichever way you liked, and sell it to whomever you wanted. Needless to say, this is a valuable proposition. Especially if you think about how important it is in today’s world to set your business apart from everyone else – and then be able to maintain that distinction over ten, fifteen or even upto twenty years.

What is copyright?

Copyright is all about originality. Books, music, films, and other forms of creative expression such as paintings, sculptures and photographs – these are all examples of copyrightable assets. Much like a patent, copyright manages and prevents others from using or reproducing these assets.

For simplicity, let’s use another example. Imagine you’re a software development business that has recently created a brand new piece of software. Automatically, you’d have copyright protection over the code that underpins software. You would also have copyright protection over any original text, images, videos, or sound used as part of the software. So no one else would be able to use or copy it without your permission, except in cases where it’s considered ‘fair use’ – such as for commentary, criticism or educational purposes. And if they were to do so, they’d be infringing on your copyright.

Essentially, copyright law gives businesses and individuals the security they need to monetise their assets and protect against unsolicited exploitation. It arises automatically – although in the US, and a small number of other countries, copyright requires registration to gain full protection.

How are patents different to copyright?

Patents protect physical inventions and processes, usually over a period of upto twenty years. And in order to obtain one, you must first file a patent application. Copyright, on the other hand, protects the expression of an idea – rather than the idea itself. It comes into play automatically and usually lasts for the lifetime of the creator, plus seventy years.

Understanding this key difference is the first step for many businesses in deciding which type of protection is right for them.

Why do I need a patent or copyright?

To get the most out of your business’s intellectual property, you’ll need the right kind of intellectual property protection. And whether that’s a patent or copyright, the benefits will largely be the same. Here are a few examples of how protecting your assets can work in your favour…

• Exclusivity rights: Patents and copyright provide exclusive rights to the patent or copyright holder, so you’ll be able to make, use, distribute or sell your asset – as well as prevent others from doing so – for an extended period of time.

• Competitive advantage: Patent and copyright protection gives the holder an advantage over their competitors by preventing them from using, copying or tweaking their assets.

• Licensing opportunities: Holders of patents and copyright can license their intellectual property to others, should they wish – giving them a valuable source of income.

• Increased market share: By preventing others from entering the arena with a similar product, businesses can part-monopolise the market and safeguard their future.

• Attract investment: Patents and copyright can encourage investment from investors, by demonstrating the unique nature of a business’s assets.

Why do I need an intellectual property patent attorney?

Giving your business’s intellectual property the protection it deserves is one of the smartest moves you can make to secure its future. Patents and copyright are a great way to facilitate that security. Obtaining this level of protection though – often that can be a time-consuming, highly complex task. Understanding what’s patentable and what’s not, drafting the initial patent application, even defending a patent in court against a potential infringement – all of this requires specialist knowledge and expertise.

We support our clients across the globe, helping them to reach their potential by protecting their valuable assets with patents and copyright, and other types of intellectual property. We’d like to do that for you too. From the very start of the process, right the way through to the very end, we’ll take care of every single aspect of your business’s intellectual property. So you can focus on your business and what it is that you do best.

If you’re in need of a helping hand with your intellectual property, reach out to one of our trusted attorneys. Let us show you how we can help your business achieve more.

A business’s brand is one of its most valuable assets. In an instant, it communicates to your clients and customers who you are, what you stand for and what you’re seeking to achieve. And that’s a powerful thing. It builds trust and encourages loyalty – which then, in turn, drives business growth and increases revenue. But it’s easy to forget that like any other form of intellectual property, brands need protection to do their job properly. This is where trademarks come into play.

Time and time again, we’ve seen businesses of almost every shape and size come undone, and often unnecessarily, simply because they didn’t have anyone pointing them in the right direction. That’s why we’ve decided to provide you with a complete trademark breakdown. So you’ll know exactly how registered trademarks can help your business going forward.

What the term trademark means?

Like a patent protects physical products or processes, copyright protects original, creative works, trademarks protect brand assets. This could be a brand’s name, logo or strapline, or even the colours and fonts they use. It is even possible to trademark a smell or a sound. Protecting these key distinguishing brand features is an important step for any business looking to leverage its intellectual property and maximise its growth potential.

How trademarks work?

So, in very general terms then, a trademark is a symbol, word, phrase or other badge of origin that can be used to set your business apart from everyone else. In the right context, it can help establish your brand and prevent third parties from using similar, less sophisticated versions that could cause confusion amongst your clients and customers.

Here’s an example. Let’s say you’re a watch manufacturer called ‘ProWatches’. Over time, you’ve built up a bit of a reputation. Your customers are loyal, and they trust in your quality and level of service. So there’s a certain level of excitement surrounding your latest product launch – people can’t wait to get their hands on what you’ve called, ‘SmartWatches’.

But there’s a problem. Another, less well-known company has decided to release a similar product using an almost identical name – ‘SmartWatchez’. And now, all of a sudden, they’re taking advantage of your hard-earned reputation and cashing in on all your sales – as your customers are confusing your competitor’s product, for your product.

Except they’re not. Because you took the time to register ‘SmartWatches’ as a trademark. So as soon as you got wind of ‘SmartWatchez’, you were able to take the appropriate action and nip things in the bud before they started to negatively impact your business.

Your reputation and business continue to grow. And, what’s more, because trademark registrations can last forever (subject to payment of renewal fees every 10 years), you know that you have the tools in place to deal with infringement for the foreseeable and unforeseeable future.

Why trademarks are important for business?

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What’s yours stays yours, easier:

• Trademarks provide much stronger protection against unsolicited third-party infringements than, say, copyright and other unregistered rights such as the right of passing off. This means it’s a far simpler process when it comes to dealing with such instances.

• Reduce risk, indefinitely: Filing a trademark is a strong, proactive deterrent. It ensures your identity remains yours – and in many cases, forever.

• Save time, save money: Failing to trademark your brand’s key features could put your business at the mercy of imposters and counterfeits. And with no registered legal rights to back your case up should things be taken to court – you could find yourself facing a complete rebrand. Registering a trademark at the earliest opportunity will give you the security you need to take your business forward with confidence.

• Increased business value: Your intellectual property will be taken into consideration when you’re having your business valued. Usually, the better your level of protection, the higher the valuation. So trademarking your business’s intellectual property is an investment well worth it in the long run.

• Greater control: Protecting your brand’s names, logos and symbols prevents others from using similar marks in a way that could cause confusion among consumers. With a registered trademark, you’ll have the sole, exclusive rights to use your brand’s assets in the marketplace – which includes online platforms.

• Overseas security: When you file a trademark in the UK, a six-month ‘priority period’ takes place. During this window, any subsequent filings you make in other countries for that same trademark will be effectively backdated to the original UK filing date. And this means greater protection right at the start – when your brand’s just starting to find its feet.

Trademarks, where to start?

Protecting your brand’s key defining features with trademarks should be an integral part of your business strategy. If it’s not, you put yourself at risk of losing one of your most valuable assets. Your brand isn’t something that can be replaced easily, that’s why it’s so important you take the time to seek out the best possible intellectual property advice.

Here at Panoramix, we understand how important your brand is to the success of your business, and we’re committed to providing you with the high-quality legal counsel you need to achieve that success.

Our intellectual property advisors are experts in their field – they know the ins and outs of the trademark process. But they’re also down-to-earth and relatable. This means that unlike others, they’ll always explain things in a way that actually makes sense. No waffle, no jargon, no nonsense – just clear, straightforward advice that you can act upon with complete surety. So if you’re looking for the best place to start with trademarks, we’re sure you’ll find that’s right here with us.

Let’s talk.