Intellectual Property Registration - Copyright What is copyright? What kind of material does copyright cover? Do I have to register copyright? Then how can I prove the work is mine? How long does copyright last? Do I need permission to use somebody else’s copyright material? How do I show that my work is copyrighted? What can I do if my work is used without my permission? Where can I obtain a copy of the legislation?   What is copyright? Copyright gives a measure of legal protection to the creators of original literary, dramatic, musical and artistic works.  It allows them to control the ways in which their material may be commercially exploited.  The protection broadly covers the copying (or reproduction), adapting, publishing, performing and broadcasting of their material. An idea is not copyrightable. Copyright gives the owner the right to control the way in which his work is exploited. Back to Top What kind of material does copyright cover? The copyright can cover published editions of literary, artistic and musical works, sound recordings, films (including videograms) and broadcasts (including cable and satellite broadcasts). Names, titles, phrases or slogans are not protected by copyright but may be protected as a Trade Mark. Back to Top Do I have to register copyright? The short answer is NO!  In Bermuda copyright protection exists the moment an original piece of work is created. There is no registration system, no forms to fill in, no fees to pay. Copyright protection is automatic and subsists from the time a work is created in a fixed form. Back to Top Then how can I prove the work is mine? If it came to a matter of dispute it is up to the Courts to decide who is the owner of copyright.  It may help if the creator of a work arranges for the recording of its creation elsewhere.  You could deposit a copy with your bank or solicitor (they can give advice on how to do this). Another, and simple, way is to post a copy of your work to yourself.  Make sure that the envelope is sealed, you might even wish to sign across the flap, and use Registered mail. This will ensure that there is record of the posting at the Post Office.  DON’T open the envelope when it is delivered. Keep the envelope in a safe place.  By doing this you will be able to demonstrate to the Courts that the work existed at this time. Back to Top How long does copyright last? The normal time for copyright to exist on a piece of literature, music or artistic work is the lifetime of the author/creator plus fifty years beyond their death. Back to Top Do I need permission to use somebody else’s copyright material? Yes.  But in certain circumstances, the copyright law allows limited use of the work as long as it is only for research or private study, criticism or review, as a report on current events, in judicial proceedings or for teaching purposes. Back to Top How do I show that my work is copyrighted? Some countries, notable the U.S.A., require that copyrighted works be marked with the Internationally recognised symbol Ó. On printed material this may need to identify the name of the author and the year of first publication. It is important that if you intend to exploit markets outside Bermuda that you learn the copyright laws and requirements of those countries. Back to Top What can I do if my work is used without my permission? The first advice is always to try to settle the matter with the other party first.  Talk to them.  If this doesn’t work it may be necessary to go to Court to settle the matter.  To do this it may be necessary to seek legal advice. Back to Top Where can I obtain a copy of the legislation? Copies of the legislation are available at the Government Information Services, Global House, Church Street, Hamilton. Or from Bermuda Laws Online. Back to Top