Updating copyrighted work
These can however be protected in other ways, for example by a registered trade mark or a common law action to prevent passing-off.Logos may be protected under copyright as artistic works.Converting a copyright program into or between computer languages and codes will normally constitute an 'adaptation' of the work.Similarly, storing a copyright work in a computer amounts to 'copying' the work, and running a computer program or displaying work on a VDU will usually involve copying.This is not essential in the UK , but may assist a copyright owner in the event of infringement proceedings.
Material sent over the internet or stored on web servers is generally protected in the same way as material in other media.
The main exceptions are: If a person is using copyright material it is also generally necessary to include an acknowledgement of the name of the copyright work and its author. Following the coming into force of the Copyright (Computer Programs) Regulations, which implemented the EC Directive on the Protection of Computer Programs, in 1993, computer programs are protected on the same basis as literary works.
Therefore provided the program is original its author will have the exclusive right to copy the program, issue copies to the public, demonstrate the program to the public, and adapt or translate the program.
It is a fallacy that once material is posted on the internet it somehow enters the public domain.
Anyone placing copyright material on the internet, or distributing or downloading material that others have placed on the internet, must therefore ensure that they have the permission of the copyright owner unless the use of the material falls within an exception.
The courts have held that substantiality is to be judged by looking at the skill, labour and expertise that went into the specific bits of code which are alleged to have been infringed.