Authorship, ownership and dealings with copyright

Question 1

The person who creates the work is the author.

Answer 1

S 9(1)

Question 2

Unknown authorship

Answer 2

S 9(4), S 9(5) - reasonable steps must be taken to find the author.

Question 3

no time limit to claim authorship

Answer 3

Fisher v Brookes

Question 4

The person ‘holding the pen’ is the author.

Answer 4

Cummins v Bond

Question 5

Kenrick v Lawrence

Answer 5

A person can be the author, but another person can own the copyright.

Question 6

Joint authorship

Answer 6

S 10(1) + Fisher v Brookes

Question 7

Joint authorship requirements

Answer 7

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)

Question 8

In case of dramatic works, the contribution must be to the work and not to its performance.

Answer 8

Dubblejoint v Marie Joint (2005)

Question 9

There must be a clear contribution to the work and not a mere provision of background information.

Answer 9

Cryptotex Discovery v University of Sheffield

Question 10

In case of literary works, the ammendment of rap lyrics can constitute joint authorship.

Answer 10

Brown v Macasso Music.

Question 11

There is no copyright on ideas, therefore the person expressing his ideas or stories will not be considered the author.

Answer 11

Donoghue v Allied Newspapers.

Question 12

Using a person’s instruments, while that person contributes with effects to the song represents joint authorship

Answer 12

Bamgboye v Reed (2004)

Question 13

US law conditions for joint authorship

Answer 13

Title 17 of the US Code - Collaboration, creative contribution, not distinguishable.

Question 14

Ownership

Answer 14

The author is the first owner of the copyright -s 11(1), unless the work is done during his employment - s 11(2)

Question 15

Where the employee creates works which has nothing to do with the contract of employment, he gets the copyright.

Answer 15

Ultra Marketing & Thomas Scott v Universal Components

Question 16

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.

Answer 16

Stephenson Jordan & Harrison Ltd v MacDonald.

Question 17

Commissioned works

Answer 17

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)

Question 18

Implied terms

Answer 18

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)

Question 19

US Approach to ownership in case of employment

Answer 19

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.

Question 20

Assignments

Answer 20

the copyright can be transferred - s 90 CDPA 1988

Question 21

Germany - about assignments

Answer 21

ss 29-41 of the Act on Copyright and Neighbouring Rights - presents more formalities for transfers on licenes.