Imagine creating the blueprint for a book, a concept that works, is unique and compelling enough that the books become global bestsellers. You design the concept, structure, and look, only to see your name quietly removed in reprints as though you were never involved. This is what I’ve experienced, and this experience exposes a serious flaw in how UK copyright laws protect creative professionals.
The 1988 Copyright, Designs and Patents Act (CDPA) purpose is to protect creators' works.
The Copyright, Designs and Patents Act 1988 (CDPA) is a cornerstone of UK intellectual property law, establishing the legal framework for copyright, design rights, and patents. It defines the rights of creators over their works, including literary, artistic, musical, and dramatic creations, as well as inventions and designs. The Act outlines the duration of these rights, the scope of protection, and the remedies available in cases of infringement.
For the full text of the Act see: Copyright, Designs and Patents Act 1988
How Copyright and Moral Rights Work Under UK Law
What Copyright Covers Copyright protects the expression of ideas in a tangible form (like text or illustrations), but not the ideas or concepts themselves.
Example: "If you write a story about a time-traveling dinosaur, you own the copyright to the exact words you wrote - but not to the idea of time-traveling dinosaurs."
Moral Rights Moral Rights (e.g., the right to be credited and the right to object to derogatory treatment of a work).
Moral Rights only apply to works protected by copyright, not to designs or concepts.
Design Rights Design Rights (registered and unregistered) protect the visual appearance of objects, not the creator's personal connection to them.
Key Point: Design rights do not include moral rights, meaning creators cannot demand attribution or object to changes.
The Problem: How the Law Fails Creator and Designers
I originated the concepts, structure, and design of books that went on to become successful series published by the different imprints of The Salariya Book Company.
Writers and illustrators brought my ideas to life, the conceptual groundwork - the spark that made these books unique - was mine.
When the books were reprinted under the new Bonnier Imprint “Hatch”, my name was quietly removed, leaving no acknowledgment of my foundational contribution.
Why This Matters
Publishing is collaborative, yet copyright law disproportionately values the contributions of writers and illustrators, while ignoring designers, editors, and concept creators.
Without protections for designs or conceptual work, creators are vulnerable to being erased from their own projects.
What Needs to Change: Updating the Law for Modern Creators
1. Extend Moral Rights to Design Rights
Proposal: Designers and concept creators should have the right to attribution and protection against unauthorised alterations, similar to moral rights for authors and illustrators.
2. Protect Collaborative Contributions
Proposal: Copyright law should explicitly recognise the contributions of concept creators, designers, and other upstream contributors in collaborative industries like publishing.
Example: In film, directors and screenwriters are recognized even if their roles don’t result in tangible outputs like a written book.
3. Broaden Copyright to Cover Concepts
While this is more complex, a system for recognising conceptual authorship could prevent situations where originators are excluded from credit or compensation.
4. Industry-Level Reforms
Encourage publishers to adopt transparent crediting practices, acknowledging everyone who contributed to a work’s creation, including conceptualists, designers, and editors.
Advice for Creators: How to Protect Yourself Now
Document Everything: Keep detailed records of your contributions, including initial ideas, designs, and communications.
Negotiate Agreements: Insist on contracts that explicitly acknowledge your role and ensure your name appears on all editions of the work.
Build Visibility: Use personal platforms to document your involvement in projects, ensuring the historical record reflects your contributions.
Advocate for Change: Join industry discussions and lobby for reforms to copyright and design rights laws.
Why This Matters for Everyone
The broader implications of Why the 1988 Copyright Act Needs an Update for Today’s Creators
When creators are erased, it sends a message that ideas don’t matter until someone else brings them to life. This isn’t just unfair - it’s a loss for creative industries as a whole. Updating the 1988 Copyright, Designs and Patents Act to better protect concept creators is essential for fostering a culture that values originality, collaboration, and innovation.
Creative Industries Council (CIC)A forum of government, creative businesses, and other organisations focusing on barriers to growth in the UK's creative sectors, including intellectual property issues.
Creative UKFormed by the merger of Creative England and the Creative Industries Federation, this organisation supports and champions the UK’s creative industries through advocacy, investment, and support programs.
We Are Creative
Arts Council EnglandA national agency responsible for promoting the visual and performing arts in England, offering funding and support to artists and organizations.
Design CouncilAn independent charity and the UK government's advisor on design, dedicated to improving lives through the use of design.
Society of AuthorsA trade union for all types of writers, illustrators, and literary translators, offering advice and campaigning for authors' rights.
UK Copyright Law 1988
Copyright Designs and Patents Act
Protecting Creators’ Rights
Moral Rights UK Law
Copyright Reform UK
Intellectual Property in Publishing
Design Rights and Copyright
Erased Creators in Publishing
Concept Creators Rights
Publishing Industry Legal Issues
Copyright for Designers
Protecting Authors and Illustrators
Book Concept Creators
Creative Industries UK
Collaborative Publishing Law
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