Copyright Flashcards
Copyright, Designs & Patents Act 1988
- Freelance journalists own copyright of their work until they assign it.
- First owner is person who creates work.
- Can sue for damages if someone uses work without permission.
- ‘Intellectual property’
- Gives creator the power to protect work - product of time, labour, energy & skill
Copyright, Designs & Patents Act 1988
Applies to:
- typographical arrangements
- sound recordings, films or broadcasts
- original literary, dramatic, musical or artistic works
- a ‘natural’ right
- establishing copyright as soon as work is created
Length of copyright
Lasts life of author +70 years
Companies = lasts for 70 years from end of first year of publication
Broadcast = lasts for 50 years from end of calendar in year it was first broadcasted
Copyright in ‘tangible form’
Ideas not covered by copyright law
It exists in:
- how the news/info is expressed
- how it’s selected & arranged
Transferring copyright
Assignment = selling the work & the copyright
- Many publishers buy copyright as part of the deal when commissioning a feature.
- Agreement must be in writing to be legally binding.
Licence = selling permission to use work in a particular way
(format, length of time, specific publication)
Moral Rights
Paternity = creator of literary work to be identified as author
Integrity = Right does not apply to journalists, material can be edited without permission
Unauthorised use of pictures could result of being in breach of moral rights and copyright.
Copyright, the web & social media
On social media, the site or user may hold copyright.
Material on web not necessarily free to use, can still be subject to copyright.
Defences to breach of copyright
- Fair Dealing:
Parts of copyright can be quoted for criticisms or review, the holder must receive ‘sufficient acknowledgement.’
Material must already be available to public.
Applies to:
- Written/spoken words
- Film clips
- Artistic works
Defences to breach of copyright
- Incidental Inclusion
s31 copyright, designs & patents act
= applies to inclusion which is not deliberate or intentional.
Defences to breach of copyright
- Public Interest
Courts recognise importance of a story/programme may be enough to override copyright law.
Defences to breach of copyright
- Acquiscence
Applies where owner of copyright knows work is being used & allows this to go on without complaint.
Will be difficult to make a claim for brach of copyright later on.
Defences to breach of copyright
- Innocent Infringement
- Could still incur an ‘account of profits’
- Not damages
- Broadcaster/publisher can show they didn’t know material was copyright
Remedies to copyright infringement
- Damages
Payment made to copyright holder for breach
Infringement damages = compensation for financial loss
Flagrant damages = demonstrating courts disapproval at defendants conduct & deterring others
Remedies to copyright infringement
- Account of Profits
A calculation of profits made as a direct result of the breach of copyright
Remedies to copyright infringement
- Injunctions
Interim = granted before publication, to prevent it going ahead.
Full = permanent & will prevent further publication.
