TRW & Co · Technology, Data & IP
Copyright and Designs Solicitors in London
Copyright solicitors in London help businesses and creators own, license and enforce software, content, artwork and product designs. With most rights arising automatically, commissioned work often belonging to the supplier, and the law on AI and copyright still developing after Getty v Stability AI and the government's 2026 report, clear ownership and design strategy matter more than ever.
Key pointA business that pays a freelancer or agency for a logo, website or code does not own the copyright unless the creator signs a written assignment, a gap that regularly surfaces in investor and buyer due diligence.
At a glance
No copyright register
Copyright arises automatically on creation under the Copyright, Designs and Patents Act 1988, so evidence of creation and ownership is essential.
Assignments need writing
A legal assignment of copyright must be in writing and signed by or on behalf of the owner; payment alone does not transfer ownership.
Registered designs last longer
UK registered designs can last up to 25 years, renewed every five years, with a twelve-month grace period after the designer's own disclosure.
AI law still moving
Getty v Stability AI rejected the secondary infringement claim in 2025, an appeal is pending, and the 2026 government report proposed no immediate reform.
No general fair use
UK law relies on specific exceptions such as quotation, criticism and review, and parody, rather than a US-style fair use defence.
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What copyright solicitors in London advise on
Copyright solicitors in London advise creators, publishers, software houses, brands, retailers, manufacturers and technology businesses on protecting and exploiting the creative and design assets they make or buy. That includes software code, websites, written content, photographs, music, film, artwork, product packaging and the shape and appearance of products, together with the overlapping design rights that protect how products look.
Copyright and design law is unusual because most of the rights arise automatically. There is no copyright register in the UK, and several design rights exist without any filing. That makes the rights cheap to acquire but easy to lose track of: the key legal questions are usually who owns the work, what exactly is protected, and whether the business can prove it.
These questions become urgent when a business commissions a logo, website or software from an outside supplier, launches a product range that competitors may copy, licenses content to or from others, trains or deploys AI tools, or finds its own work being copied online or in shops.
Copyright and design rights compared
A single product can be protected by several rights at once. A piece of furniture, for example, may attract UK unregistered design right in its shape, a registered design for its overall appearance, copyright in its design drawings and marketing photographs, and trade mark protection for its name. Each right has different requirements, scope and duration.
| Right | What it protects | How it arises | Duration |
|---|---|---|---|
| Copyright | Original literary, dramatic, musical and artistic works, software, films, sound recordings, broadcasts and typographical arrangements | Automatically on creation | For literary and artistic works, generally the author's life plus 70 years |
| Registered design | The appearance of all or part of a product, including shape, colours, texture and ornamentation | Registration at the IPO; must be new and have individual character | Up to 25 years, renewed every five years |
| UK unregistered design right | The shape and configuration of an original, non-commonplace design, not surface decoration | Automatically, if qualification rules are met | Up to 15 years from creation or 10 years from first marketing, whichever ends first |
| Supplementary unregistered design | Appearance of a product, similar to a registered design, but only against copying | Automatically on first disclosure in the UK | Three years from first disclosure |
The legal framework for copyright and designs
Copyright
The Copyright, Designs and Patents Act 1988 (CDPA) is the central statute. It sets out the categories of protected work, the rules on authorship and ownership, the acts the owner can control, such as copying, issuing copies to the public and communicating the work to the public, and the exceptions. Copying need not be exact: taking a substantial part of the work, judged by quality rather than quantity, is enough.
The CDPA also covers secondary infringement, such as importing or dealing in infringing copies with knowledge or reason to believe they infringe, and a set of criminal offences aimed at commercial piracy. Moral rights give authors the right to be identified and to object to derogatory treatment of their work, although these rights can be waived in writing.
Exceptions
UK copyright law has no general "fair use" doctrine. Instead it has specific exceptions, including fair dealing for research, private study, criticism and review, quotation, news reporting, and caricature, parody or pastiche, as well as a text and data mining exception limited to non-commercial research. Businesses that assume US-style fair use applies in the UK often get this wrong.
Designs
Registered designs are governed by the Registered Designs Act 1949 and are filed at the Intellectual Property Office, which does not examine for novelty, so registration is quick but validity can be challenged later. A designer has a twelve-month grace period after their own disclosure in which to file. UK unregistered design right is set out in Part III of the CDPA, and the supplementary unregistered design was created after Brexit to mirror the former EU unregistered right in the UK. The IPO has consulted on reforming the designs framework, so check the current position before relying on detailed rules.
Paying for a logo, website, photograph or piece of software does not, by itself, make your business the copyright owner. Unless the creator is an employee acting in the course of employment, copyright stays with the creator until it is assigned in a document signed by them. Put written assignments in every supplier contract.
Ownership, commissioning and licensing
The author of a work is generally its first owner. The main exception is an employee who creates a work in the course of employment, where the employer owns the copyright unless agreed otherwise. Freelancers, agencies, consultants and contractors keep copyright in what they create unless there is a written assignment signed on their behalf, which the CDPA requires for a legal transfer.
Courts sometimes imply a licence, or occasionally an equitable assignment, where a commissioning client paid for a work but the contract was silent. Relying on that is risky: an implied licence may be limited to the original purpose and may not allow the client to stop others using the work or to sell it with the business. Copyright solicitors in London regularly fix these gaps during fundraising and sales.
Licensing
A licence gives permission to use a work without transferring ownership. Exclusive licences must be in writing to give the licensee the right to sue. Key terms include scope of use, territory, media, duration, sublicensing, attribution and moral rights waivers, warranties of originality and indemnities for third-party claims. Our article on assignments versus licences sets out the choice in more detail.
Software and databases
Software is protected as a literary work, but copyright protects the code and some aspects of its structure, not the underlying ideas or functionality. Open-source components come with licence conditions that can affect how a product may be distributed. Databases may also be protected by copyright and by the separate database right. Our technology solicitors handle software licensing and development agreements.
Copyright, designs and artificial intelligence
AI has become the most active area of copyright debate. In Getty Images v Stability AI [2025] EWHC 2863 (Ch), decided in November 2025, the High Court rejected Getty's secondary infringement claim that the Stable Diffusion model was an infringing copy imported into the UK. Getty had withdrawn its primary training claim because the training took place outside the UK, and its trade mark claims largely failed. Getty has been given permission to appeal on the secondary infringement point, so the law is not yet settled.
On policy, the government published its Report on Copyright and Artificial Intelligence in March 2026, as required by the Data (Use and Access) Act 2025. It moved away from its earlier preferred option of a broad text and data mining exception with a rightsholder opt-out, did not propose an immediate change to the law, and said it would prioritise transparency and licensing. It also proposed removing the special protection for computer-generated works without a human author, with no timetable set.
For businesses, the practical steps are to check AI suppliers' terms on training data and indemnities, to keep human creative input in works the business wants to own, and to review licences for content that may be used to train models. Our guides on copyright and AI and ownership of AI-generated works go further, and our AI lawyers advise on the contracts.
Most copyright problems are ownership problems in disguise: the business assumed it owned what it paid for, and found out otherwise only when it tried to enforce or sell.
Enforcing copyright and design rights
When a business finds its work being copied, the response should be proportionate and quick. Copyright solicitors in London usually follow the sequence below, adapting it for online infringement, counterfeits and disputes with former partners or suppliers.
- Preserve evidence. Capture dated screenshots, test purchases, product samples and the original works, design drawings and creation records.
- Confirm the right and ownership. Identify which rights apply, who owns them and whether any licences or assignments affect standing to sue.
- Assess infringement and defences. Compare the works, consider whether a substantial part was copied, and test likely defences such as independent creation or an exception.
- Use platform tools where suitable. Marketplace and hosting notice-and-takedown procedures can remove listings quickly at low cost.
- Send a letter before claim. Set out the rights and the infringement and ask for undertakings, taking care with the unjustified threats rules for registered and UK unregistered designs.
- Consider interim relief. Where damage is ongoing and serious, an urgent interim injunction may be available, usually with a cross-undertaking in damages.
- Issue proceedings or settle. Choose between the IPEC, including its small claims track for lower-value claims, and the High Court, and keep settlement or mediation under review.
Remedies include injunctions, damages or an account of profits, delivery up or destruction of infringing goods, and publication of the judgment. Additional damages can be awarded for flagrant copyright infringement. Rights holders can also ask HMRC and Border Force to detain suspected infringing goods at the border. Our IP litigation team handles contested cases.
Choosing the right forum
The Intellectual Property Enterprise Court is designed for smaller and less complex cases. Its multi-track caps recoverable costs and the value of claims, which makes the risk of losing more predictable for both sides, and its small claims track handles lower-value copyright, trade mark, passing off and unregistered design claims without the expense of a full trial. Larger or more complex disputes, or those needing extensive evidence, belong in the High Court. Copyright solicitors in London weigh the value of the claim, the urgency, the need for disclosure and the likely costs exposure before recommending a forum. Mediation can also work well, particularly where the parties have an ongoing commercial relationship.
Documents and evidence copyright solicitors in London ask for
Because copyright and unregistered designs are not registered, evidence of creation and ownership is everything. A well-kept file makes enforcement faster and cheaper and reassures investors and buyers.
- Dated original files, drafts, design drawings, CAD files, source code repositories and commit histories.
- Employment contracts, contractor and agency agreements, and signed copyright assignments and moral rights waivers.
- Records of first marketing and first disclosure for each design, including where it was first shown.
- Registered design certificates and renewal records.
- Licences in and out, open-source compliance records and AI tool terms.
- Evidence of infringement, sales figures and lost business for quantifying damages.
Common risks and mistakes
Relying on a supplier contract that is silent on IP
Many design and development contracts simply say the client will receive deliverables, without assigning copyright or design rights. The supplier then remains the owner and may reuse or license the work, or refuse consent later. Fixing the problem usually means negotiating an assignment after the event, sometimes for a payment. Every commissioning contract should include a present assignment of future copyright and design rights, a moral rights waiver and a further-assurance clause. Check legacy contracts before fundraising or a sale.
Assuming US fair use applies
UK law has no general fair use defence. A use that might be fair use in the United States, such as some transformative or commercial uses, may infringe in the UK unless it falls within a specific exception. Marketing teams and content creators should be briefed on the UK exceptions, particularly quotation, criticism and review, and parody, and on the need for licences for stock images, music and third-party content used in campaigns.
Losing supplementary unregistered design protection
The supplementary unregistered design arises from first disclosure in the UK. A design launched first in the EU, for example at a trade fair in Milan or Paris, may not acquire UK supplementary protection, and a UK launch may not secure EU unregistered protection. For important designs, consider registering in both territories or planning launch locations carefully. Registered designs, with their grace period, are often the safer route for valuable product lines.
Using AI outputs without checking rights
AI-generated images, text and code may reproduce protected material from training data, and purely AI-generated content may not be protected by copyright in a way that lets the business stop others using it. Review supplier terms on ownership, indemnities and training data, keep records of human creative input, and avoid prompts that seek to imitate specific protected works or living artists. Policy is still moving, so revisit AI use policies regularly.
Overlooking copyright in a brand logo
Brands sometimes assume copyright adds a strong layer of protection to their logo. In Lidl v Tesco [2024] EWCA Civ 262, the Court of Appeal upheld trade mark and passing off findings for Lidl but overturned the finding of copyright infringement. Copyright can help, but registered trade marks and evidence of reputation are usually the primary tools for protecting brand get-up. Make sure logos are owned by the business and registered as trade marks.
Cross-border angle: the EU, Bangladesh, China and the Gulf
International clients often ask copyright solicitors in London how far UK rights travel. Copyright is broadly harmonised internationally through the Berne Convention, so works created in the UK are protected in most countries without registration. Design protection is far less uniform. Since Brexit, EU registered and unregistered Community designs no longer cover the UK, and UK rights no longer cover the EU, so businesses selling in both need separate protection.
For clients connected with Bangladesh, TRW & Co's home jurisdiction, Bangladesh adopted a new Copyright Act in 2023, and industrial designs are registered with the Department of Patents, Industrial Designs and Trademarks. Garment, textile and consumer goods businesses that design in London and manufacture in Bangladesh should make sure design ownership, confidentiality and anti-copying obligations are built into supply contracts. Our UK–Bangladesh corridor team coordinates with Dhaka colleagues on these supply chains.
Businesses manufacturing in China or selling into the Gulf and Singapore should register designs locally where they matter commercially, because unregistered protection may be weak or unavailable. We work with local counsel and our offices in China, Dubai and Singapore to manage multi-country portfolios.
How TRW & Co helps
Our copyright solicitors in London combine contract, regulatory and disputes experience. We sit within our intellectual property practice and work closely with our media and entertainment lawyers.
Ownership audits
We review employment, contractor and supplier contracts, identify gaps in the chain of title and put assignments and waivers in place before they become a deal issue.
Licensing and commercial contracts
We draft and negotiate content, software, design and brand licences, development agreements and collaboration terms, including AI-related provisions.
Design protection strategy
We advise on combining registered and unregistered designs, copyright and trade marks across the UK, EU and key manufacturing markets.
Enforcement and defence
We handle takedowns, letters before claim, border measures, IPEC and High Court claims, and defence of infringement allegations. Where advocacy in the higher courts is required, we instruct specialist counsel.
To discuss a copyright or design question, contact our London office or explore all our practices. Our guide to UK design rights is a useful companion to this page.
Checklist for decision-makers
- Do we hold signed written assignments for every logo, website, photograph, design and piece of software created by people who are not our employees?
- Do our employment contracts and policies make clear who owns work created outside normal duties or hours?
- Have we registered our most commercially important product designs in the UK and the EU?
- Do we keep dated creation records for designs and code?
- Are our marketing teams trained on UK copyright exceptions and licensing for third-party content?
- Have we reviewed AI tool terms and set a policy on AI-generated content?
- Do our manufacturing contracts protect design ownership and prevent copying?
- Do we have a plan for responding quickly to online infringement?
Copyright solicitors in London can usually complete a focused ownership and protection review quickly, and it is far cheaper than resolving a dispute after the event.
Frequently asked questions
01Do I need to register copyright in the UK?
No. Copyright arises automatically when an original work is created and recorded, and there is no official copyright register in the UK. The practical challenge is proving that you created the work, when, and that you own it. Keep dated original files, drafts and source code histories, and make sure everyone who contributed has either created the work as an employee in the course of employment or signed a written assignment. Some businesses also deposit works with third-party services or solicitors to evidence a date, but this does not create any legal right.
02We paid an agency to design our logo. Do we own it?
Not necessarily. Unless the designer was your employee acting in the course of employment, copyright belongs to the designer or agency until it is assigned in writing and signed by them. Courts may imply a licence or, in some cases, an equitable assignment where a client has paid for a bespoke logo, but this is uncertain and fact-specific. The safest course is to obtain a signed assignment and moral rights waiver now, and to register the logo as a trade mark, which gives stronger brand protection.
03How long does copyright last?
For literary, dramatic, musical and artistic works, copyright generally lasts for the life of the author plus 70 years from the end of the year in which they die. Different periods apply to other categories, such as sound recordings, broadcasts and typographical arrangements, and to computer-generated works without a human author, although the government has proposed removing protection for those. Works of unknown authorship and works created by employees have their own rules. Duration can be complex for older works, so check before relying on a work being out of copyright.
04What is the difference between registered and unregistered design rights?
A registered design protects the appearance of a product, such as shape, colours and texture, for up to 25 years and gives a monopoly right: it is infringed even without copying. UK unregistered design right protects only shape and configuration, lasts up to 15 years and requires proof of copying. The supplementary unregistered design protects appearance for three years from first disclosure in the UK and also requires copying. Registration is relatively quick and inexpensive, so it is worth considering for commercially important designs.
05Can we use AI tools to create content and still own it?
You may own copyright in AI-assisted works where there is sufficient human creative input, but works generated purely by AI sit on uncertain ground. The CDPA has a special rule for computer-generated works, which the government proposed in March 2026 to remove, with no timetable yet. Check the AI provider's terms, which may allocate ownership and limit indemnities, keep records of human contribution, and avoid prompts designed to reproduce protected works. For commercially important assets, keep a human designer or writer meaningfully involved.
06Someone is copying our products online. What can we do quickly?
Start by preserving evidence and checking which rights you hold and who owns them. Many marketplaces and hosting platforms operate notice-and-takedown procedures that can remove listings within days. A carefully drafted letter before claim may resolve matters, but take care: the unjustified threats rules apply to registered and UK unregistered designs. For serious, ongoing damage, an interim injunction may be available. Lower-value claims for copyright and unregistered designs can go to the IPEC small claims track.
07Does UK copyright protect us abroad?
Largely yes for copyright, because the Berne Convention and other treaties require member countries to protect works from other member states without registration. Enforcement, however, follows local law and procedure, and remedies vary. Design rights are much more territorial: UK registered and unregistered designs do not cover the EU and vice versa since Brexit. Businesses selling internationally should register important designs in key markets and use contracts to protect designs shared with overseas manufacturers.
Sources and official materials
- Copyright, Designs and Patents Act 1988 — UK copyright and unregistered design right
- Registered Designs Act 1949 — UK registered designs
- How copyright protects your work (GOV.UK) — Official overview of UK copyright
- Register a design (GOV.UK) — IPO guidance on registering designs
- Getty Images v Stability AI [2025] EWHC 2863 (Ch) — High Court on AI models and copyright
- Report on Copyright and Artificial Intelligence (2026) — Government report under the Data (Use and Access) Act 2025
- Lidl v Tesco [2024] EWCA Civ 262 — Court of Appeal on logos, trade marks and copyright
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.