The Labour Party has won the 2024 UK general election with a landslide majority following a 14-year Conservative Party rule, marking a new chapter. What’s next for the party and what are the potential implications on freelancers and self-employed workers?
Freelancers and self-employed workers
‘Labour is the party of the self-employed and recognises their significant contribution to the UK economy, and the next Labour government will support and champion them. We will strengthen rights and protections to help self-employed workers thrive in good quality-self employment, including the right to a written contract, which for example would benefit freelancers…’
The law rewards and protects creative people by giving them IP rights – exclusive rights that they can use to generate income – and copyright protects literary, dramatic, musical and artistic works. The author has copyright protection automatically which means there is no requirement to register of pay a fee (as with trade marks and registered designs).
As of April 2024 there were around 4.3 million self-employed workers in the UK. DACS reports that one third of the cultural sector workforce are freelance workers, rising to 70% of the workforce in the visual arts, compared to a national average of 16%. This is a huge number of people and the implication is that they are working on materials which enjoy copyright protection.
Examples of work that may enjoy copyright protection are computer programs and code, business plans, lesson plans and a plan for a building.
Only the copyright owner has exclusive legal rights to:
· Exploit the copyright e.g. by reproducing the work.
· Grant copyright licences to third parties.
· Assign the copyright e.g. as part of the sale of a business; and
· Pursue third parties for infringement.
Copyright protection gives the owner a competitive advantage, increasing the worth of the product created. An IP lawyer can help a freelancer identify what works enjoy copyright protection, what the legal position is in relation to work they have been commissioned to create and advise on how to protect their rights.
Disputes involving copyright infringement of a freelancer’s work often arise when there was no agreement about copyright ownership before works have been created because the general position is that copyright vests in the freelancer unless there is an agreement to the contrary before the works are created. The commissioning party may exploit the work and face a claim by the copyright owner.
If there is an agreement about copyright ownership after the works have been created such an agreement will not transfer the IP rights unless it is a valid copyright assignment. The law is clear and it must meet strict criteria and it’s best to seek expert legal advice as the agreement will have significant consequences.
Without an agreement there may be a complicated mess of joint ownership or implied licences to untangle. It’s best to approach these matters proactively and engage an IP lawyer to negotiate an agreement on terms most favourable to you – for example a freelancer will often want to retain ownership and instead agree a licence.
Labour’s pledge to ensure the right to a written contract will be a key document to point to in the event of a dispute.
How can Tozers help?
Tozers can assist with drafting written contracts and ensuring the intellectual property position is carefully drafted. In the event that the copyright position has not been dealt with or does not go far enough to protect the IP, Tozers can provide advice on a copyright assignment. If an agreement cannot be reached, our expert litigators can help you understand and use the law to protect your position.
