copyright

Question 1

what is copyright?

Answer 1

A property right controlling who can copy work created by artistic or intellectual venture

Question 2

what does copyright cover?

Answer 2

it can cover everything from articles,books,photos and broadcasts to speeches, maps,sound recordings, timetables and drawings

Question 3

when is copyright automatically enforce?

Answer 3

as soon as something is in the permanent form, it does not have to be registered and last for decades

Question 4

what does a copyright owner have legal rights too?

Answer 4

who can copy their work, to what extent and who can communicate it to the public

Question 5

what would happen if unauthorised copying?

Answer 5

unauthorised copying of the whole thing or a substantial part, is a civil tort and you could be sued unless you have a defence. in some cases, it can be a criminal offence.

Question 6

what are the rules surrounding copyright in news?

Answer 6

-no copyright in news ,facts or information but there is in the actual words used in the news story.
- copyright exists in the form e.g sentences, photos or footage, how the information is presented, in the selection and arrangement of material
- persistent lifting from another media could be classed as infringement

Question 7

what is the key copyright act?

Answer 7

copyright, designs and patents act 1988.

Question 8

who owns copyright, staff writers? freelancers? photos taken before the act?

Answer 8

-staff writers/photographers, if they work for a company, their company owns it unless there is an agreement
freelancers own their work’s copyright unless it’s handed over
-photos that are taken before the act came into play, if commissioned, the commissioner owns it.

Question 9

what is meant by moral rights in relation to the act?

Answer 9

section 85 of the 1988 act gives moral rights to those who commission photos or film for private or domestic reasons e.g a wedding

Question 10

who would have to be asked permission for if someone wanted a photo from a private or domestic event?

Answer 10

whoever commissioned it, payed for it, this should not be published without the commissioner’s consent

Question 11

if a commissioner has moral rights but doesn’t have copyright, who would win?

Answer 11

even if the commissioner doesn’t have copyright, the commissioner has moral rights and could sue for damages if published without their consent

Question 12

what are the rules surrounding the internet and social media?

Answer 12

• just because something is seen on the internet, does not mean it can be copied and published
  -it could still be breach unless the copyright owner grants permission
  -lifting images from social media could be a breach
  -there could be ethical reasons why not to post

Question 13

would adding a hyperlink be an infringement of copyright?

Answer 13

No e.g BBC webpage

Question 14

what are some infringement remedies

Answer 14

-an injunction/ stop a repetition of the post
-sue for damages
-an account of profits
-an order for copies to be destroyed

Question 15

what is deliberate infringement classed as?

Answer 15

a criminal offence

Question 16

explain the fair dealing defence

Answer 16

there MUST be fail dealing. The work must be accredited to the person and already be in the public domain.
-only applies to words and videos not photos
-no more than necessary amount required to report on a particular event

Question 17

What does section 30 allow?

Answer 17

section 30 allows journalists to publish copyright protected work if it for the purpose of reporting current events or for the purpose of criticism/review

Question 18

can vids/audios be clipped from news channels?

Answer 18

yes as long as they are short and credited

Question 19

can pars be taken from books/articles for reviews?

Answer 19

Pars can be taken from books for review, or quotes from articles but not large chunks of copy

Question 20

when would fair dealing NOT apply?

Answer 20

when it is/likely to hinger the copyright owner from gaining profits or if it breaches confidence and isn’t in the public domain yet

Question 21

explain the public interest defence in relation to privacy?

Answer 21

-has narrow meaning as most copyright infringements are covered by fair dealing
- it covers material including photos and documents that exposes something immoral or damaging to public life, health safety or administration of justice
it also covers some other instances, such as police images given to the press to track down a criminal

Question 22

a relevant case study?

Answer 22

Megan V ANL
-infringed her copyright, the letters she wrote (newspaper tried to argue it was in the public interest)