Copyright Flashcards
What legislation covers copyright?
Copyright, Designs and Patents Act 1988
How could you be punished?
Court injunction or damages
What does copyright apply to?
- Protects material that has had work gone into producing it, even if information is freely available
- Can apply to writing, print, digital, images, maps, sketches, artwork, photographs, video, speeches, recordings
- There’s no copyright in rewriting news or facts, but may be infringement in how it’s presented: copying phrases, quotes, word for word etc.
- Can quote and credit from interviews but do sparingly.
Do photographers own copyright?
Yes, but if they’re employed by a publication sometimes pub owns it.
If a photo is commissioned, the Act gives moral right to image to commissioner as well as photographer
Journalist must get permission from photographer and commissioner for use of photo
How long does copyright last for?
Literary/musical/artistic work lasts for author’s lifetime plus 70 years
Copyright can be bequeathed to author’s heirs
Computer generated music or graphics copyright lasts 50 years from when it was made
Sound recording: 70 years from creation
Broadcast: 50 years from creation
Crown copyright: work produced by civil service is protected by Crown copyright, which can last up to 125 years
What defences can you use for copyright?
Section 45 of Copyright Act 1988: copyright not infringed if its for parliamentary reporting/judicial proceedings/public inquiries
Section 30 of Copyright Act 1988, ‘Fair Dealing’: Allows copying for the purpose of reporting current events. Sources must be attributed though and sources publicly available to access.
There is no fair dealing defence for photos but there is for videos if it’s short clip and attributed
Fair dealing applies to publishing copies of work for purpose of criticism or review but material must already be public and have copyright owner’s consent
Public interest defence: may apply for photos where fair dealing doesn’t.
What case study can you use for copyright?
Naruto v Slater 2018
Between 2011 and 2018 there were a series of disputes about copyright status of selfies taken by monkeys using equipment belonging to photographer David Slater. PETA argued that monkeys should be assigned copyright
Duchess of Sussex v Associated Newspapers Ltd
Mail published parts of a letter written by Meghan to her dad. ANL argued Meghan’s comms secretary had been a co-author of the letter, meaning Crown owned the copyright. Crown “emphatically denied” that. Also argued information was in public domain. Lord Justice Warby ruled the publication unlawful.
