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Copyright and Digital Property Rights in Legislation
Overview
Digital property can be defined as anything created by a person that exists in a digital format. This is owned by that person, with a large variety in what that property can consist of. The phrase’ digital property’ can include online accounts, domain names, photos and videos, computer software, client information, e-newsletters and more. Digital property law therefore overlaps a lot with copyright, with a lot of digital property also being intellectual property. Legislation is in place to protect property rights of creators online, ensuring that assets are not misused.
Copyright and Digital Property Legislation
The definition of digital property and digital assets is very broad; therefore, a wide range of legislation is required to fine tune their protection. This legislation ranges from initial definitions of what digital property consists of, through to recent necessary adjustments to include more assets.
- Digital Economy Act 2010 – The Digital Economy Act 2010 covers a wide range of issues under the umbrella of digital property and digital economy. Some of the main goals of the legislation is to combat online copyright infringement and to regulate domain names.
- The Copyright and Rights in Databases Regulations 1997 – These regulations extend copyright to include databases, categorising them as intellectual creations of their author. This means taking precautions to prevent unauthorised access to your database, providing terms and conditions for using your database and ensuring that any use of other databases is in line with their terms and conditions.
- The Property (Digital Assets etc) Bill – Introduced very recently in September 2024, this legislation will mean that digital property such as cryptocurrency and digital art will be considered personal property by law. Digital assets are therefore more highly protected, with the main goal of the bill being to keep British law up to date with technology as it evolves.
Is Copyright and Digital Property Legislation Important to My Business?
There are many reasons why it’s important to have up to date and clear legislation around copyright and digital property. Understanding the legislation makes it easier to comprehend any legal obligations your business may have regarding digital materials, allowing you to follow the legislation as closely as possible for the benefit and safety of your business.
The increasing legal protection of digital assets protects elements of your business that could be crucial, such as content that is important for your business’s brand or unique creations that would otherwise be open to theft. Not only is your business protected, but other businesses are too. This makes it even more important to be knowledgeable about the legislation, preventing copyright infringement by your business on others and avoiding legal violations that could otherwise be done unconsciously.
Does Copyright and Digital Property Legislation Affect My Business?
Copyright and Digital Property Legislation will affect your business if any of the following are applicable:
- Databases – Businesses who own their own database or use databases made by others are affected as databases are legally counted as intellectual property.
- Content Production – Businesses who produce their own content, whether that be marketing materials, computer software or any other self-made materials published online, have their content protected by this legislation.
- Content Use – If your business uses content made by other businesses or individuals must ensure that their use of the content is not copyright infringement or otherwise violating the creator’s digital property rights.
- Domain Owners – If you own a domain name, legislation is in place to prevent its misuse. This includes use of your domain name for scams or other actions that may damage your brand’s reputation.
Not only does the legislation protect your branding and reputation by limiting digital property theft, but it also ensures that you use other creators’ work correctly and appropriately. This helps your business form an online presence that values responsibility and respect. It reduces the risk of unintentional violations of property rights, avoiding potential claims of copyright infringement.