Copyright Flashcards
Speeches and Maps
Speaker owns copyright. no copyright infringement as long as: direct record, speaker did not forbid anything
Author of maps retains copyright
What are the laws with Online and TV pictures?
Social media sites may have open content licence but excludes commercial use
just because it is online does not waive copyright
What is the legislation regarding Copyright?
Copyright, Designs, Patent Act 1988
What is the purpose of the Copyright Act?
Protects people’s skills, creativity, labour
What is protected under this act?
Any unauthorised copying of all or any substantial part of any original work.
- “substantial”- quality as well as quantity
- “original”- using some element of ‘skill, labour + judgment’
What is not protected?
Work that lacks originality, information, news (but cant use same words), ideas (e.g. religion), facts (e.g. statistics)
Who owns copyright?
Before August 1st 1989: Copyright is owned by whoever commissioned the work
Since August 1st 1989: Generally the author or creator is the first owner. For staff the employer owns the copyright. Even if a piece of work has been commissioned it is still the first owner unless it has been reassigned
Who has the moral right to be identified?
The author/creator
Who has the right to not have work falsely attributed to them?
Anyone
What rights does a commissioner of private photo/film have?
They have the right to use photo/film even though they don’t own the copyright
How long does Copyright rights last for?
Authors lifetime + 70 years: Literary, Musical or artistic work
50 years from the year it was made: Broadcast, computer-generated music or graphics
What defences are there?
Fair Dealing and Public Interest
What is the fair dealing defence?
Section 30. - Can only be used for video not photo
Sufficient acknowledgement of the work was included: cite the works title/description, name of author, no commercial advantage
What is the public interest defence?
Includes photos. Can be used to expose immoral work or an issue that is damaging to public life e.g. health or safety
For the purpose of review or criticism what is fair dealing?
To use fair dealing defence: Work must have been made available to the public before use. Must be fair and provide sufficient acknowledgement
