If you are an unpublished author or illustrator based in the UK and you have created books that are going to spark inspiration and learning in your young readers, you need to know about your intellectual rights long before your work is in print.
How do you ensure that your intellectual property (IP) is properly protected? Intellectual property is essential for authors and illustrators because it provides legal rights over their creations, ensuring that their work cannot be copied or used without permission. Work which has been commisioned can fall into a different category. It is best to seek advice on all commissions before signing any contract.
In my latest blog, we’ll explore together the different types of intellectual property protection available to you, the steps you can take to safeguard your work, and how to enforce your rights if someone infringes them...however this can be difficult and expensive.
So let’s hit the mini answer first before heading in deeper.
To protect your intellectual property as a UK children's book author or illustrator, secure automatic copyright for your work, trademark titles or characters, use licensing agreements for adaptations, register with the UK Copyright Service, negotiate publishing contracts extremely carefully, and enforce your rights against infringements. All easier said than done - I can assure you!
Understanding Copyright
Your First Line of Defense
In the UK, copyright is the primary form of protection for authors and illustrators. As soon as you put your ideas into a tangible form—whether it's written text, illustrations, or digital content—your work is automatically protected by copyright.
You do not need to register your copyright in the UK, but it’s crucial to understand what it covers.
What does copyright protect?
Text and Illustrations: Your written work and any accompanying illustrations (if you also illustrated the book) are protected under copyright law.
Adaptations and Translations: If you create adaptations of your work, such as turning a book into an animated series or translating it into another language, copyright extends to these versions.
Digital and Print Formats: Copyright covers both digital and print formats, ensuring that your e-books and physical books are equally protected.
One of the most well-known examples of the power of copyright is J.K. Rowling’s Harry Potter series. Though not a children's author in the picture book sense, Rowling’s work is protected by copyright, ensuring that her characters, plots, and even world-building elements cannot be copied by others without permission.
How to prove ownership of your work?
Even though copyright is automatic, proving that you were the original creator of the content can be challenging in cases of dispute. To strengthen your claim, it’s a good idea to:
Keep copies of your drafts, with timestamps: Email yourself a copy of the finished manuscript before sharing it with anyone else, as email timestamps can serve as evidence of the creation date.
Register your work with a copyright registration service such as the UK Copyright Service: https://copyrightservice.co.uk Even though this is not required. This provides an extra layer of documentation.
Trademarking Your Book Title or Characters
While copyright protects your written content, it does not protect your book title or character names. For example, if your book features a character with a unique name, you may want to trademark it to prevent others from using the same name in other media or merchandise. If you are creating a character - for example a 'Teddy Bear' character - it woud be pertinent to try and work out what makes your character different - think of how Paddington Bear is identifable:
Distinctive Clothing and Accessories
Duffle Coat: Paddington is almost always seen wearing a bright blue duffle coat, which is a signature element of his look. This coat, complete with toggles, adds to his anthropomorphic charm and makes him instantly recognisable.
Hat: He wears a classic shaped brown felt hat, which is often described as old and battered. This accessory not only adds character but also reflects his adventurous spirit.
Battered Suitcase: Paddington carries a small, worn suitcase, symbolising his journey from Peru and his status as an immigrant. The suitcase often contains marmalade sandwiches, emphasizing his love for this treat.
What can you trademark?
Book Titles: If you have a series of books with a consistent title (like The Gruffalo or Winnie the Pooh), it might be worth considering trademark protection.
Character Names: If you’ve created a character that you plan to use across multiple platforms: toys or other products, trademarking the name can protect it from unauthorised use.
In the UK, trademarks must be registered with the Intellectual Property Office (IPO). The process includes an application and a fee, this can be a valuable investment if you’re building a brand around your book or character.
An example of effective trademark protection is Beatrix Potter’s Peter Rabbit—a character that’s now synonymous with both children’s books and an entire range of merchandise. Trademarking Peter Rabbit ensured that the character could be used in different products without risking infringement.
Licensing Your Work
If your children’s book becomes popular, you might have opportunities to license your characters, stories, or illustrations for use in other products like toys, clothing, or television shows.
Licensing allows others to use your work in exchange for payment or royalties, but it’s crucial to have solid contracts in place to protect your rights. The https://societyofauthors.org has a service for members to advise on contracts. It is wise to take professional advice before signing any contract.
What should be included in a licensing agreement?
Clear Definition of Rights: Specify exactly what the licensee is allowed to use (e.g., character likeness, storyline, illustrations) and for what purpose (e.g., toys, TV shows, etc.).
Duration and Territory: Define how long the license is valid and in which geographical areas it applies.
Royalties: Ensure that you are compensated fairly for the use of your work. Royalties can be based on a percentage of sales or a flat fee.
Reversion of Rights: Include a clause that allows the rights to revert to you after the contract ends.
One well-known case of licensing success is that of Roald Dahl. His stories and characters, such as Charlie and the Chocolate Factory, have been licensed for films, theatre productions, and merchandise.
With proper licensing agreements, Dahl’s estate continues to earn royalties while maintaining control over how his work is used.
Contracts with Publishers
If you’re working with a publisher, your publishing contract is critical to protecting your intellectual property.
Make sure that you understand what rights you are granting to the publisher and what rights you retain.
Key elements to look for in a publishing contract:
Copyright Ownership: In most cases, you should retain the copyright to your work. Be cautious of contracts that transfer copyright to the publisher.
Rights Granted: Specify whether the publisher has exclusive rights to distribute your work in certain formats or regions.
Revenue and Royalties: Ensure that the contract outlines how you will be paid for book sales, including digital, print, and any additional formats.
Adaptation Rights: If you want to retain the rights to adapt your work into films or television, make sure these rights are not automatically transferred to the publisher.
One famous example of an author maintaining control of their intellectual property through contracts is Enid Blyton, author of the Famous Five series.
By retaining control over the adaptation rights, her estate has been able to negotiate multiple deals for television series and film adaptations and new editions.
Enforcing Your Rights
Once you’ve taken the necessary steps to protect your intellectual property, you may need to enforce your rights if someone infringes upon them.
What sets copyright apart from a trade mark?
A trade mark safeguards brand names, logos, and slogans by requiring registration through an application process. On the other hand, copyright protects various works like extended text, graphic works, illustrations, photographs, software code, music, sculptures, and film. In the UK and EU, copyright is not a registered right but automatically exists upon the creation of an original work.
This can include:
Unauthorised Use: If someone uses your story, illustrations, or characters without your permission, you have the right to take legal action.
Copyright Infringement: This occurs when someone copies or reproduces your work without your consent. In the UK, you can seek damages through the courts or negotiate a settlement.
Trademark Infringement: If someone uses a trademarked character or trademarked book title without permission, you can take legal action to stop them and claim compensation for damages. Remember legal action is expensive.
How Do I Protect My Intellectual Property as a Children's Book Author? - To Finish On…
As a children’s author or illustrator in the UK, protecting your intellectual property is essential for ensuring that your hard work and creativity are not exploited!
From copyright protection to trademarking key elements of your story, there are multiple steps you can take to safeguard your creations.
Working with publishers and licensors requires careful negotiation to retain control over your work, and if someone infringes on your rights, the UK legal system provides avenues for enforcement - at a cost.
Moral Rights
Works often mean more than just the economic value they can generate from their exploitation they can be very special to the person who creates them as they have invested a lot in the work, emotionally and/or intellectually. As a result, copyright works need to be protected in ways that are different to traditional forms of property. Moral rights protect those non-economic interests.
Moral rights are only available for literary, dramatic, musical and artistic works and film, as well as some performances.
Unlike economic rights, moral rights cannot be sold or otherwise transferred.
However, the rights holder can choose to waive these rights.
There are four moral rights recognised in the UK:
The right to attribution
This is the right to be recognised as the author of a work. This right needs to be asserted before it applies. For example, in a contract with a publisher, an author may state that they assert their right to be identified as the author of their work.
The right to object to derogatory treatment of a work
Derogatory treatment is defined as any addition, deletion, alteration to or adaptation of a work that amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of the author.
The right to object to false attribution
This is the right not to be named as the author of a work you did not create. This would prevent, for example, a well-known author being named as the author of a story they did not write.
The right to privacy of certain photographs and films
This right enables someone who has commissioned a photograph or film for private and domestic purposes to prevent it from being made available or exhibited to the public. For example, this would allow you to prevent a photographer from putting your wedding photographs on their website without your permission.
By understanding your intellectual property rights and taking proactive steps to protect them, you can focus on what you do best, creating wonderful stories for children to enjoy, and crucially make sure that your rights as an author are respected and upheld!
This blog provides general information regarding copyright law in the UK. While every effort is made to ensure accuracy, this content should not be construed as legal advice. For any specific legal concerns or questions, readers are encouraged to consult with a qualified legal professional.
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