Tag Archives: work

Copyright Law Basics For UK Software Developers

Software developers all over the world can benefit from an increased understanding of intellectual property (IP) laws and how those laws may affect their work. Software programs are often complex works that include both functional and artistic elements and may be covered by a variety of different types of IP laws. This can be very confusing for those who haven’t been taught about IP and can cause them to miss out on opportunities to protect their own work or to accidentally infringe on the work of another.

The purpose of this article is to provide information about one type of IP law, copyright law, for software developers who live or work in the United Kingdom. Below we will discuss the definition of copyright law, the source of UK copyright law, and how it applies to technological works. I’ll also elaborate on what is not covered by copyright law, as well as the UK concepts of fair dealing and moral rights as they are related to copyright law.

Copyright Law Essentials

You can learn more about copyright law in general and about how it applies to software in my previous article. Go to article →

What Is Copyright Law?

Copyright law is a type of intellectual property law that protects creative works, which can include things like plays, movies, drawings, songs, and many other things. Around the world, copyright laws give the authors or creators of literary, dramatic, musical, or artistic works the right to control the ways in which their material may be used. With regard to software, copyright law generally covers the artistic elements of a software program as opposed to the functional elements.

What Is The Source Of Copyright Law In The UK?

Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act of 1988. Those interested can read the full text here.

The relevant government office for copyright inquiries is the UK Intellectual Property Office. The UK is also a signatory to the Berne Convention, an international agreement concerning copyright law that has been adopted by 172 countries worldwide.

How Does UK Copyright Law Apply Specifically To Technological Works?

Copyright law can apply to all kinds of technological works that are used with computers, tablets, smartphones, or video game systems. This includes apps, computer programs, databases, spreadsheets, screen displays, and even virtual reality environments. Copyright also applies to works that are used or distributed on the internet like websites, blogs, and other online content. In the UK, computer programs are specifically protected as literary works.

Throughout the European Union, the Computer Programs Directive provides guidance regarding the legal protection of computer programs. The Copyright (Computer Programs) Regulations of 1992 extended the rules covering literary works to include computer programs in other European countries as well.

What Is Not Covered By UK Copyright Law?

Copyright law in the UK, as elsewhere, does not protect ideas, procedures, methods of operations, or mathematical concepts (though other types of IP may protect them under certain circumstances). In other words, copyright law is about protecting a particular expression of an idea, not the idea itself, and not functional elements of a work. Additionally, names, titles, short phrases, and colors are not generally considered unique or substantial enough to be covered by copyright law. However, a work that combines some of the elements, such as a logo or design, could possibly be eligible for copyright (and perhaps trademark) protection.

How Long Does Copyright Protection In The UK Last?

Because the UK is a signatory to the Berne Convention which covered this issue, a copyright in the UK will typically be protected for either the life of the author plus 70 years from the death of the author or, for published works, for 70 years from the date of first publication. However, there are many exceptions to this rule, and each work should be treated on a case-by-case basis if there are any doubts.

One notable UK-specific exception has to do with the boy who never grew up, Peter Pan. Author J.M. Barrie gifted all of the rights to his creation to a children’s hospital in London. When the original copyright expired in 1987, an extension was added to the Copyright, Designs and Patents Act of 1988 mentioned above so that the hospital could continue to collect royalties based on uses of the work (though the hospital has no creative control over how the work is used). Ultimately, this is only an unusual — and perhaps endearingly British — exception to the normal copyright term.

Photo by Christian Battaglia on Unsplash. (Large preview)

What Is Fair Dealing?

The copyright laws of almost all countries allow exceptions for certain permitted uses of copyrighted works such as news reporting, educational uses, or where the use of the work is de minimus. In the United States, one can assert a “fair use” defense if accused of infringing a copyright if the use was due to one of these permitted activities. In the UK, these permitted activities fall under the legal concept known as “fair dealing.” According to the University of Nottingham, eligible activities which can be conducted without infringing a copyrighted work include:

  • Private and research study purposes;
  • Performance, copies or lending for educational purposes;
  • Criticism and news reporting;
  • Incidental inclusion;
  • Copies and lending by librarians;
  • Format shifting or back up of a work you own for personal use;
  • Caricature, parody or pastiche;
  • Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes;
  • Recording of broadcasts for the purposes of listening to or viewing at a more convenient time;
  • Producing a back-up copy for personal use of a computer program.

How Does “Fair Dealing” Affect Technology Copyrights In The UK?

The “fair dealing” exceptions mentioned above may specifically impact copyrights for technology-related works such as software programs or databases. For example, producing a backup copy of a software program for personal use only would not be considered copyright infringement under a fair dealing exception. Though fair dealing explicitly excludes decompilation or copying a software program during decompilation, the European Software Directive allows software licensees to use their copy of the software “to observe study or test the functioning of the program” in order to “determine the ideas and principles which underlie any element of the program.”

Therefore, users may freely observe a program as it operates to determine their functions and its underlying ideas, even if the goal is to create a competing program (see the UK case SAS Institute v. World Programming for more information on this concept). However, actual copying, for example in the case of source code copying, is not tolerated since this is explicitly protected by copyright.

For practical reasons, database copyrights would not be infringed if a person with the legal right to use part or all of a database performs steps necessary to use or access the contents of the database. Also, accessing a database for the purposes of private study or non-commercial research does not infringe copyright in a database.

Photo by rawpixel.com on Unsplash. (Large preview)

Moral Rights In The UK

Another difference between the UK and other parts of the world with regard to copyright law is the UK’s emphasis on the importance of moral rights. Though this issue may not often arise in technology-related copyright disputes, moral rights are additional rights over and above the economic rights typically protected by copyright law.

In the UK, moral rights are: the right to attribution, or the right to be known or recognized as the author of a work; the right to object to derogatory treatment of a work, which includes any addition, deletion, or adaptation of a work that would distort or “mutilate” the work or injure the honor or reputation of the author; the right to object to false attribution, which basically means that you would not be named as the author of something you didn’t create; and the right to privacy of certain photographs and recordings, such as those commissioned for a private occasion.

One reason moral rights might be important for developers is that the moral right to attribution gives the developer the right to be named as the author of the software program, even though it is not common industry practice to do so. By the same token, if a developer doesn’t get their name associated with projects they didn’t work on, the right to object to false attribution protects them also. Find more information about moral rights here.

It is our hope that this information has been helpful for UK software designers and developers. Though this is only introductory information, and should not be substituted for legal counsel in the event of specific questions or disputes, education about copyright law issues and other IP issues helps to empower software designers and developers to make sure their works are fully protected.

Smashing Editorial
(da, ra, yk, il)

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Copyright Law Basics For UK Software Developers

An Introductory Guide To Business Insurance For Designers And Developers

At some point in your career, most web designers and developers can relate to issues with scope creep, unexpected project delays, client relationships breaking down, and unpaid invoices. The good news is that there’s an insurance policy to help with these scenarios. In the UK, we call it “professional indemnity insurance.” Elsewhere, it can be called “professional liability” or “errors and omissions insurance.”

Let’s explore what this insurance is and how it’s designed to keep web professionals in business. I’ll also be sharing real stories of businesses who were glad they had insurance.

What Is Professional Indemnity Insurance?

Professional indemnity insurance protects your business from screw-ups and problem clients.

Let’s say a client threatens legal action, claims loss of income or damages due to a service you provided. Even if you’re in the wrong, professional indemnity steps in to ensure the consequences to your business aren’t crippling.

A creative agency working on a project together

A creative agency working on a project together. (Large preview)

It’s also important to distinguish what professional indemnity insurance isn’t. After all, business insurance is an umbrella term for different types of cover. One of those covers is public liability insurance — or general liability insurance as it’s known in the US.

Public liability insures your business against claims of:

  • physical injury to clients and members of the public
  • accidents on your work premises
  • damage to third-party property.

This is a popular cover for those who have clients visit their office or those who work from client premises. However, in this article, we’re focusing exclusively on professional indemnity.

How Can Insurance Help Me If I’m A Designer Or Developer?

Business insurance isn’t often talked about in web circles. I think it’s because insurers have focused their products and user experience on traditional industries. A lot of the information out there isn’t relevant to those of us working in digital.

To add to that, people don’t equate working with a computer as being a danger or massive liability. Especially when you have all of your clients sign a contract. This can lull designers and developers into a false sense of security. A common objection I hear from web professionals when talking about insurance is:

I can’t cause any damage as a web designer. For anything that does go wrong, I have a clause in my contract that says I’m not liable.

Firstly, I have to debunk the myth of not needing to have insurance because you work with a contract. Contracts don’t alleviate you from liability. They’re useful for laying the foundation of what duties are expected of both parties, but insurance steps into action when those duties come into question.

With every scenario I’m sharing today, they all had the following in common:

  • A contract was signed by both parties.
  • They had years of experience in their profession.
  • They were professionally insured, but never expected to have to use their insurance.

Below are real stories of how professional indemnity insurance helped these designers and developers.

Scope Creep

A developer built a web platform to spec, but the client complained of missing functionality.

The developer agreed to build the perceived missing functionality for a further fee, but the client believed it should have been included in the initial build. Not only did the client refuse to pay the remaining invoice, but they threatened legal action if the developer didn’t cooperate.

Having professional indemnity insurance meant that the developer had a team of legal experts behind him. They helped the developer communicate with his client to avoid the problem escalating.

The developer’s professional indemnity policy also had a mitigation costs clause. This meant the insurer paid the amount owed to him by his client, which was thousands of pounds.

Project Delays

Designers and developers often work to tight deadlines. Missing deadlines can cause problems if the project has an important launch date.

A creative agency was hired to design a website, but the project started to unravel. Key members of the team left part way through the project and the pace of the work being completed slowed down.

While the website was delivered in time for launch, it was missing a lot of major features. The client said it wasn’t fit for purpose.

After wasting money on a marketing campaign for the launch, the client refused to pay the final invoice. They also incurred extra expenses from hiring new contractors to complete the website’s missing features.

The client threatened to involve solicitors if the agency pursued payment.

The unpaid invoice was settled by the insurer under the mitigation costs clause of their professional indemnity policy. The insurer also provided the agency with legal advisors to confirm with the client that the project is considered at an end.

Client Relationships Breaking Down

This is a common catalyst for professional indemnity claims. Even if we spot a few amber flags, we like to believe we can make our client relationships work and projects run smoothly. However scary it is, sometimes you have to burn bridges with a client.

A designer did this when working with a client they felt didn’t respect them. An ever-changing scope, long hours, and poor pay lead to a breakdown in the relationship. What had started off as a promising project was now a strained working relationship and source of stress. The designer decided to walk away from the project.

Unfortunately, that wasn’t the end of things. The client wanted to be reimbursed for the money they had already paid to the designer. They also wanted damages for the loss of income due to a delayed launch and compensation for hiring other contractors to complete the project.

A team of legal experts was arranged by the insurer to deal with the designer’s client. A settlement was agreed out of court, which was also covered by the insurer.

What Does A Professional Indemnity Policy Insure Against?

Professional indemnity insurance is a meaty policy, so it isn’t feasible to cover every scenario here. At its core, it’s designed to put your business back in the same financial position after a loss as it was in before a loss. As you can see from the stories above, a loss can be legal fees, client damages, compensation or even unpaid invoices. However, this has to stem from a client expressing dissatisfaction with your work.

While all professional indemnity policies differ, let’s look at some of the key features you can expect to see.

Defence Costs

If a client makes a claim against you, your professional indemnity policy will pay the defence costs. This isn’t just for situations that have escalated to court. Insurers want to solve problems before they get to that stage, so they’ll provide a team of legal experts to help negotiate terms with your client.

Intellectual Property Infringement

Web and graphic designers are vulnerable to arguments over copyright infringement, whereas developers could get into disputes over who owns the code. This clause covers claims against copyright infringement, trademarks, slogans, and even domain names.

Mitigation Costs

If you read the stories above, you’ll have seen mitigation costs mentioned where unpaid invoices were paid by the insurer. If a client is dissatisfied with your work, refuses to pay any or all your fees and threatens to bring a claim against you, professional indemnity may pay the amount owed to you by your client. This is only if the insurer believes it will avoid a claim for a greater amount.


Negligence covers a broad spectrum, but think of this as a warranty for any mistakes you make that lead to an unhappy client.

Unintentional Breach Of Contract

Breach of contract can take many forms. It could be something as simple as failing to deliver a project on time or not meeting the client’s expectations. Any breach of contract may entitle the client to make a claim against you.

A web developer working on his laptop

A web developer working on his laptop. (Large preview)

Some Practical Tips For Buying Insurance

The first question people ask when it comes to buying insurance is, “How much should I insure my business for?”. The level of cover will typically start at £100,000 and can go well into the millions. It can be a difficult question to answer, but there are factors that can help you arrive at a reasonable figure.

Client Contracts

If your client contract has an insurance clause, it’s usually for £1,000,000 of professional indemnity. This is the base level of cover a client would expect. It’s the most common level of cover I see businesses buy.

Types of Clients

What type of clients are you working with? Is it large corporations with in-house legal teams, or local small businesses? It’s not unwise to assume the larger companies pose a bigger threat, therefore should have a higher level of cover. You may also find that larger companies will have an insurance clause in their contract.

Type Of Work You Do

A developer building a payment platform will potentially face a bigger risk than somebody designing a website to showcase a restaurant’s menu. Does your work involve dealing with sensitive information or higher-cost products? Are businesses depending on your service to generate income for them?

If it feels like I’ve skirted around answering this, it’s because there isn’t a straightforward figure. A lot of insurers will simply tell you to buy what you’ve budgeted for. If in doubt, consider a base level of £1,000,000 and periodically evaluate your clients and type of work you do. Most insurers allow you to make a mid-term adjustment part way through your policy to increase your level of cover.

Other than the cost of insurance, there are a few other factors to be aware of when buying insurance.

Insuring More Than One Activity

The web is a multi-disciplinary industry. You should be looking for a policy that can cover your various activities. A web developer may also provide web hosting. A designer may also offer consulting services. If you fall outside of the typical box, you might find it useful talking to a broker or using a service like With Jack where your policy can be customized instead of using an online comparison site.

Insuring Your Work Worldwide

By default, professional indemnity policies in the UK exclude US jurisdiction. If you’re working with US clients under US contract law, look for an insurer that can lift the jurisdictional limit from your policy, so you’re insured worldwide. Just beware that it will increase your premium.

Your Policy Can Adapt To Your Needs

Insurance can be flexible. Don’t delay buying insurance because you’re thinking of switching from sole trader to Limited company down the line, or because you’re waiting to add a new service to your business. A good insurance company will allow you to adjust your policy, adapting it as your business changes and grows.

How Insurance Can Help You Build A Bulletproof Business

Whenever I see newcomers ask for advice on starting their business in the web industry, I see a lot of suggestions that look like this:

  • “Get an accountant immediately.”
  • “Build a network!”
  • “Have your clients sign a contract.”
  • “Monitor your cashflow!”

This is all great advice, of course, but rarely do I see anybody mentioning getting insured. Insurance should be a crucial part of any professional designer or developer’s toolbox.

Offering your professional services to clients comes with a degree of risk. It’s your responsibility to mitigate that risk. You have to be confident that — if something does go wrong — you can get back to work quickly. There can be issues with mistakes in your work, a relationship going sour or a client claiming they’re unhappy with your service. It doesn’t matter how good you are, these things happen!

This is why I’m sharing these stories — to highlight the importance of being insured. I want to get web professionals not just thinking about insurance, but understanding it. Insurance is something we don’t necessarily want to budget for or consider, yet as professionals, we have to. The stories above show how critical it can be.

So yes, work with a contract. Monitor your cash flow. Have an accountant manage your bookkeeping, but also get insured. There’s little point in building your business only for one problem client or mistake to take it away from you.

Smashing Editorial
(ra, yk, il)

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An Introductory Guide To Business Insurance For Designers And Developers

Beyond Tools: How Building A Design System Can Improve How You Work

When high potential projects fall apart, it’s often a failure of collaboration and alignment. The tools, the assumptions, the opportunity, and the intentions may line up, but if people don’t communicate or don’t have a clear map to help them move in the same direction, even the best projects falter.
Communication failures are human problems, so they’re messy and hard to solve. They involve feelings and a willingness to have uncomfortable conversations.

Original source:

Beyond Tools: How Building A Design System Can Improve How You Work

Image Performance: Good For Your Users, Good For Your Business

We know that there’s a lot of optimizations that we can use to improve the performance of our images – but does this work really translate into wins for your company? In this talk, Allison McKnight, performance engineer at Etsy, will share real-world examples of the positive impact that image optimizations can have on metrics that your bosses and clients care about. You will walk away from this talk with compelling data and useful tools to help you get buy-in and support for this important user experience work at your company.

Source article – 

Image Performance: Good For Your Users, Good For Your Business

What Is The Best Advice You Have Ever Received? Our Community Speaks.

The beginning of a new year seems like a perfect time to think about what we web professionals do, why we do it, how we could do it better and even how we could have more fun doing it.
Like everyone, we learn lessons as we make our way through life and work. If we’re lucky, we pick up some good advice along the way, so we thought it might be useful to find out what kind of advice you all have found to be particularly valuable.

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What Is The Best Advice You Have Ever Received? Our Community Speaks.

Productivity Tips And Tricks: The Community Shares Its Piece Of Advice

Productivity tips always make for a popular topic for an article, as everyone is looking for the silver bullet, that one weird trick that turns you into a productivity machine. However, the tips that work well for one person may not work so well for another.
We asked the community on Twitter and Facebook to share their best productivity tips, and in this article I’m going to round these up alongside some things I’ve learned that work well for me.


Productivity Tips And Tricks: The Community Shares Its Piece Of Advice

Table Setting Guides for Great Design

Designing at your desk with Photoshop or HTML and CSS is easy, but getting your bosses and clients to give your work their stamp of approval is often quite a feat. In this webinar, Dan will share some stories of tools, methodologies, and non-traditional deliverables that can help you get the buy-in you need. Follow along to learn how to make everyone you work with say “please” and “thank you!”

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Table Setting Guides for Great Design

An Overview Of The Most Common UX Design Deliverables

(This is a sponsored post). What do UX designers do on a daily basis? A lot of things! UX professionals need to communicate design ideas and research findings to a range of audiences. They use deliverables (tangible records of work that has occurred) for that purpose.
The list below contains the most common deliverables produced by UX designers as they craft great experiences for users. For better readability, I’ve combined the deliverables according to UX activities:

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An Overview Of The Most Common UX Design Deliverables

Web Development Reading List: Announcing Changes, A Design Kit, DNA Malware, And Why Meaning Is An Advantage

You might have noticed it already: in the past few weeks you might have missed Anselm’s Web Development Reading List issues here on SmashingMag. No worries, from now on, we’ll switch to collecting the most important news of each month in one handy, monthly summary for you. If you’d like to continue reading Anselm’s weekly reading list (and we encourage you to!), you can still do so via email, on wdrl.

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Web Development Reading List: Announcing Changes, A Design Kit, DNA Malware, And Why Meaning Is An Advantage

Convincing Clients: How To Get Sign Off When It Matters

We have all been there. That dreaded moment when after weeks of work we have to present our progress to key stakeholders, and they mercilessly tear it apart. It feels inevitable, but usually, we can avoid these situations.

Wouldn’t life be so much easier if we didn’t need to get other people to buy-in to our work? Unfortunately, it doesn’t work that way, especially in digital. What we do involves so many different disciplines working together. We have to get the support of colleagues, stakeholders and management. But, achieving that can be painful, to say the least.

The post Convincing Clients: How To Get Sign Off When It Matters appeared first on Smashing Magazine.

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Convincing Clients: How To Get Sign Off When It Matters