Copyright 1 Flashcards
What are the major international treaties/ agreements concerning copyright?
Berne Convention 1886 Rome Convention TRIPS EU Directives e.g. Information Society Directive Digital Single Market Directive 2019
What is the rationale behind copyright?
The purpose of copyright is to promote creativity and dissemination of knowledge by protecting works and renumerating creators. But it must balance the rights of stakeholders.
What is the utilitarian/economics rights theory for copyright?
It emphasises the economic role of copyright as a tool for incentivising innovation and dissemination of creative works.
Rights holders powers are limited in order to uphold the balance between the interest of the creator and distributor, against the public enjoyment and benefit of a public domain.
What is the natural rights theroy for copyright?
Copyright arises from the personality of the inidividual creator of the work.
John Locke: ownership of creative work on the basis that the individuals person is his own property. Therefore through labour an individual might convert the goods of nature into private property.
Mark Rose - the romantic notion of the author as a proprietor.
The natural rights theroy lends itself to longer and stronger protection for authors in comparison to the economic approach.
In general, coypright lasts
Authors lifetime plus 70 years
Copyright is not a positive right. It gives holders the right to prevent others from: (6)
copying
issuing copies to the public
renting or lending the work to the public
performing, showing or playing a work in public
communicating a work to the public;
making an adaption of the work.
Copyright protects original (4)
Literary works - not just literature, but all works expressed in print or writing.
Dramatic works - includes dance or mime.
Musical works - a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
Artistic works - graphic work, sculpture, collage, irrespective or artistic quality, works of architecture, craftsmanship. Any painting, drawing, diagram, map, chart or plan, engraving, ethcing, lithograph, woodcut or similar.
Apart from literary, dramatic, musical and artistic works, copyright also protects what? (4)
Films - a recording in any medium from which a moving image may by any means be reproduced.
Sound recordings
Broadcasts
Published editions/typographical arrangements
What are the moral rights associated with copyright?
- right of attribution
- right to object to false attribution
- Right of integrity (object to derogatory treatment of a work)
Who owns copyright?
The author or employer via employment.
Copyright protects original works.
The threshold for originality was clarified in what case
Infopaq v Danske Dagblades Forening
‘authors own intellectual creation’
Can copyrighted works be used in the UK without the rights holders permission for teaching?
Yes.
In the UK, copyright exceptions allow the use of any type of work for the purpose of teaching (‘for the sole purpose of ilustration’) as well as peforming, playing or showing literary, dramatic or musical works in the course of activities of an educational establishment. Must be non-commercia.
The copyright exceptions for educational use in the UK only appy where?
Where a relevant licence is not available.
and in classroom not in a youtube video showing work etc.
What copyright is in a song? (6)
- Melody as a musical work (exclusive of any words or action intended to be sung, spoken or performed alongside the music).
- The recording is protected as a sound recording.
- Album artwork can be protected as artistic work.
- Lyrics are protected as a literary work.
- Performers rights involved in the performance of a song.
Using anothers work is copyright infringement when the work as a whole or ___ __________ ____ of it has been copied
Substantial part of it.
‘substantial part’ is not defined in statute, developed on a case by case basis.
It is a matter of quality not quantity.
