Authorship, ownership and dealings with copyright Flashcards
The person who creates the work is the author.
S 9(1)
Unknown authorship
S 9(4), S 9(5) - reasonable steps must be taken to find the author.
no time limit to claim authorship
Fisher v Brookes
The person ‘holding the pen’ is the author.
Cummins v Bond
Kenrick v Lawrence
A person can be the author, but another person can own the copyright.
Joint authorship
S 10(1) + Fisher v Brookes
Joint authorship requirements
A common intention not required (Hadley v Kemp). There must be contribution ( Dubblejoint v Marie Jones (2005) there must be collaboration and the inability to identify distinct contributions (Beckingham v Hodgens)
In case of dramatic works, the contribution must be to the work and not to its performance.
Dubblejoint v Marie Joint (2005)
There must be a clear contribution to the work and not a mere provision of background information.
Cryptotex Discovery v University of Sheffield
In case of literary works, the ammendment of rap lyrics can constitute joint authorship.
Brown v Macasso Music.
There is no copyright on ideas, therefore the person expressing his ideas or stories will not be considered the author.
Donoghue v Allied Newspapers.
Using a person’s instruments, while that person contributes with effects to the song represents joint authorship
Bamgboye v Reed (2004)
US law conditions for joint authorship
Title 17 of the US Code - Collaboration, creative contribution, not distinguishable.
Ownership
The author is the first owner of the copyright -s 11(1), unless the work is done during his employment - s 11(2)
Where the employee creates works which has nothing to do with the contract of employment, he gets the copyright.
Ultra Marketing & Thomas Scott v Universal Components
The Use of Employer’s help or facilities is irrelevant, but using documents created in the course of his employment will get the employer’s copyright.
Stephenson Jordan & Harrison Ltd v MacDonald.
Commissioned works
The owner will be the creator, but there will be an implied licence for the person paying the money to use the work for a certain purpose. - Lord Denning in Blair v Osborne (1971)
Implied terms
For a term to be implied it must be: reasonable and equitable, necessary to give business efficiency to the contract, capable of clear expression and it must not contradict any express terms of the contract - BP Refinery (1978)
US Approach to ownership in case of employment
S 101 of Title 17 of the US Code: Commissioned works must be in writing otherwise, the creator will be the owner of the copyright.
Assignments
the copyright can be transferred - s 90 CDPA 1988
Germany - about assignments
ss 29-41 of the Act on Copyright and Neighbouring Rights - presents more formalities for transfers on licenes.