Literary works meaning

Edozo Ltd v Valos (UK) Ltd [2026] EWHC 93 (IPEC) What are the practical implications of this case? The practical consequences of this judgment are significant and noteworthy for practitioners pursuing copyright infringement actions, particularly where the subject matter is software and its source code. Although His Honour Judge Hacon determined that the Valos Steps were not protected by copyright within the Valos source code, he nevertheless pointed to alternative routes by which the intellectual originality invested in devising them might have been safeguarded through other legal regimes. In particular, Hacon J indicated that literary or artistic copyright could have subsisted in the Valos Steps as works in their own right and, moreover, that if the Valos Steps were sufficiently inventive, Valos might have sought patent protection, provided the invention did not fall foul of Article 52(2) and (3) of the European Patent Convention. The takeaway for practitioners is to exercise caution when drafting pleadings and to reflect carefully and comprehensively on both the precise species of copyright asserted...

Boghossian v IOP Publishing Ltd [2025] EWHC 3317 (IPEC) What are the practical implications of this case? This case underlines the importance of keeping clear records of who contributed what, so that copyright in collaborative works can be established. The joint authorship principles explored here are not confined to scholarly articles and may extend across other sectors. Take software development: code is frequently produced collectively, both through live co-working in ‘pair programming’ (with a ‘driver’ writing code while a ‘navigator’ simultaneously reviews and advises) and through deferred collaboration using source control structures (where colleagues examine or amend proposed changes before they are accepted into the codebase). Either route can trigger questions about joint authorship. In the creative sphere, it is common for two writers to craft a screenplay together (for instance, Florence Foster Jenkins considered in Kogan v Martin [2019] EWCA Civ 1645), and books are often brought to market by teams of contributors. We likewise encounter groups working jointly to generate social media material. Each mode may therefore...

Copyright is a proprietary right that grants the owner the exclusive ability to perform, and to permit others to perform, particular acts in relation to the work. Under UK law, as contained in the Copyright, Designs and Patents Act 1988 (CDPA 1988), there is a closed list of categories eligible for protection, namely: original literary, dramatic, musical or artistic works sound recordings, films or broadcasts the typographical arrangement of published editions To qualify, a work falling within one of these categories must be fixed in some form. For example, writing down or electronically saving a song’s notes and lyrics creates a record that is protected, provided the work otherwise meets the CDPA 1988’s qualification requirements. For comprehensive guidance on those requirements and on subsistence generally, see Practice Notes: Copyright—protectable works and Copyright—subsistence and qualification. It is not necessary to register a work for copyright to arise. Court of Justice judgments This Practice Note includes references to Court of Justice judgments....

ARCHIVED: This Practice Note is archived and no longer updated. It was initially prepared for Lexis Practice Adviser, in the US. It outlines similarities and differences between the protections available for typical categories of IP, such as literary works (copyright and trade secret); marketing imagery, characters and slogans (copyright and trade mark); product designs (design patent, copyright and trade dress) and inventions (patent and trade secret). It addresses coverage and duration, as well as scope and eligibility requirements too. Literary works—copyright versus trade secret protection For information to amount to a trade secret, it must truly be confidential, the proprietor must take steps to preserve that confidentiality, and it must confer a competitive economic benefit on the owner. Trade secrets usually comprise commercial or business information and may endure without limit, provided the secrecy is maintained. Copyright, by contrast, applies to subject matter such as literary works, audiovisual works, and sound recordings, and only requires that the work is fixed in a tangible medium of expression. Copyright protection...

Databases For many years, databases—particularly electronic ones—have been a significant component of digital economies across the globe. Numerous jurisdictions view investing in and leveraging databases as essential to fostering an information market. In the UK, the principal legislation concerning IP protection for databases comprises: the Copyright, Designs and Patents Act 1988 (CDPA 1988) the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032, which gave effect to Directive 96/9/EC on the legal protection of databases (EU Database Directive) in the UK (now assimilated law, see: Databases and assimilated EU law, below) A database can receive protection in a range of ways: copyright can shield literary and artistic works, including tables and compilations forming part of a database, provided they are original works...

This Agreement is entered into on [ date ] Parties [ Insert name of Publisher ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] (Publisher); and [ Insert name of Writer ] of [ insert address ] (Writer). Background The Writer composes musical works and/or authors lyrics of literary works; The Publisher operates in the field of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and The Publisher seeks to obtain, and the Writer agrees to grant to the Publisher, the exclusive right to the Writer’s share of the Compositions, subject to this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period means each six-monthly period ending on 30 June and 31 December; Advance means all monies...

The parties agree: From: [ insert name of publisher ] (‘we’ and ‘us’) of [ insert address ] From: [ insert name of company ] (‘you’ and ‘your’) of [ insert address ] Dated: [ insert date ] Dear [ insert organisation name ] ‘[ insert name of programme ]’ (the Programme) 1 Subject to, and in consideration of, your payment to us of the amounts specified in Schedule 1 (receipt of which is acknowledged), we hereby provide you with a non-exclusive licence covering the musical and literary works (the Works), the details of which are set out on the cue sheet in Schedule 2...

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Between [ insert full name of claimant ] (the Claimant) and [ insert full name of defendant ] (the Defendant) PARTICULARS OF CLAIM The Claimant The Claimant has, at all material times, been and remains [ insert details of claimant ]. The Claimant’s principal business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the copyright work or works ]. The Claimant has, throughout all material times, owned and continues to own the copyright in the [ insert details of relevant work ] (the Work). Pursuant to section 1 of the Copyright, Designs and Patents Act 1988, copyright subsists in the Work as a [ insert type of copyright work, for example...