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Internet Law > Copyright > Flashcards

Copyright Flashcards

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1
Q

What does copyright allow authors to control?

A

Who can copy/exploit their works

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2
Q

Berne Convention

A

Made copyright an international right

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3
Q

What’s the case against copyright?

A

Copying helps societies advance & we should all have access to products of human intellect. Copyright restricts dissemination of speech/learning/culture.
Copyright protects “personality” of author for 70years after they die.

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4
Q

What is no human author with digital works?

A

the digital work may be computer- generated as opposed to being created with the aid of a computer; (defined in CDPA s178)

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5
Q

How are copyright licences granted?

A

Licences can be express or implied. They don’t need to form a binding contract. A bare license is maybe revocable at will while contractual notice can only be revoked in accordance with the contract terms. A benefit of contractual licences as opposed to “bare” licences/permissions is that where a licensee breaches the licence he will be both in breach of copyright and contract.
Exclusive licences, where the licensee has the right to exploit the copyright to the exclusion of all other persons including the licensor, should always be in writing and signed by or on behalf of the owner of the right. (s92 and 101 of CDPA)

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6
Q

Who is the maker of a database?

A

The maker of the database is the actual maker and they’re the first owner of a database, even if it’s made during employment (Powell v Ornstien)

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7
Q

How did copyright arise?

A

From printers lobbying to protect piracy of their books.

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8
Q

What is ease of replication with digital technology?

A

the technology used to create and view/use a digital work can be used to make perfect copies of that work.

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9
Q

U.S DMCA

A

U.S Digital Millenium Copyright Act. It limits liability for those linking to a site that contains infringing material on the basis the provider
does not have the requisite level of knowledge that the material is infringing, does not receive a direct financial benefit and upon notice takes down or blocks access to the material.

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10
Q

What would infringe a database right?

A

Database rights protect against extraction (transferring contents to another medium by any means) or reutilisation of all/ a substantial part of the contents of the database

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11
Q

Which treaty made copyright an international right?

A

Berne Convention

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12
Q

What’s a deep link?

A

In a deep link the linked home page is bypassed and the user goes straight to the linked pages, I bypassing any copyright notices, terms and conditions and (which may be significantly prejudicial) advertising on the home page.

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13
Q

Which country will have jurisdiction when it comes to copyright infringement?

A

When determining who owns the work, the law of where the work was created will be relevant
When determining subsistence of the copyright and infringement, the law of where the infringing acts take place is likely to be relevant
When determining which courts have jurisdiction, international conventions dealing with jurisdiction and enforcement of copyright Inc. 1968 Brussels and 1988 Lugano Conventions will be relevant

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14
Q

How long do database rights last?

A

Database rights last from 15years from the end of the calendar year of completing it or making it public, whichever is longer,

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15
Q

How can their be a physical presence to copyright infringement

A

the location of the relevant equipment underlying the Internet gives a physical presence to any infringing activity

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16
Q

ECJ in William Hill

A

Narrowed the type of databases which can benefit from data base rights. Held investment referred to actually putting them into the database and didn’t include creating the materials themselves.
Held that extracting or reutilising insubstantial parts of the database won’t infringe.

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17
Q

Is copyright a national or international right?

A

Its a national property right but its been made an international right by the Berne Convention and other treaties

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18
Q

Can white pages be protected?

A

No, it’s the structure not the content that’s protected and alphabetical order isn’t a free and creative choice on selection and arrangement. If you can show that the way you select and arrange the data is your choices, then the data is protected. (White pages are an alphabetical list of all the phone numbers present in the city).

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19
Q

Can copyright protect ideas?

A

No, copyright can’t protect ideas, only the expression of ideas.

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20
Q

What does secondary infringement refer to?

A

Secondary infringement refers to what we’d call contributory infringement in Uk law- this is where someone is playing a casual role in it.

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21
Q

eBay v Bidders Edge?

A

In Ebay v Bidders Edge, ebay got an injunction on the basis there’d be trespass to chattels by Bidders Edge trawling their site to form an online aggregation website

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22
Q

What are the two main copyright systems?

A

The Anglo-america “copyright” system and the European “authors rights” systems.

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23
Q

Football Data co v Stan James Plc

A

• A database located outside the UK can be infringing UK law if the website operator targets the UK users

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24
Q

What’s the key question for copyright on the internet?

A

Can an ISP can be held liable for copyright infringement occurring on its site and if so what (if any) knowledge of or participation in the infringement must the ISP have to be liable?

25
Q

What is the equivalence of works in digital form?

A

all works look alike once in code so easy to combine into new products such as multimedia.

26
Q

Does copyright create an absolute monopoly?

A

• Copyright doesn’t create an absolute monopoly- similar but independently created software programs could be breach of patent but not copyright.

27
Q

Why did the making available right appear?

A

Going back to the 1990s, the idea of a right to make available appeared in response to right holder’s fears that the internet would destroy their business.

28
Q

What are the seven characteristics of digital technology?

A
  1. Ease of replication
  2. Ease of transmission and multiple use
  3. Plasticity of digital media
  4. Equivalence of works in digital form
  5. Compactness of works in digital form
  6. New search and link capabilities (internet sites can be easily linked)
  7. No human author
29
Q

Football Dataco Ltd v Sportradar

A

created data wasn’t protected but obtained data was (live scores protected as obtained data)

30
Q

What are the chief remedies for breach of copyright?

A

injunctions and damages. Civil or adminsitartive, can seize the infringing specimens, deliver up any profit made etc. Criminal sanctions are possible but not very common.

31
Q

What is the plasticity of digital media?

A

users can easily modify, enhance or adapt works in digital form.

32
Q

When can a database be protected

A

when the data is methodologically or systematically arranged, and individually accessible

33
Q

What is ease of transmission and multiple use of digital technology?

A

networked computers potentially facilitate the widespread piracy of works.

34
Q

Fair dealing defence

A

Some copying/exploitation comes under fair dealings defence, including private study, criticism&review and news reporting. The U.S has fair use which is broader than fair dealing.

35
Q

How have courts distinguished between what can and cannot be copyrighted?

A

Using the idea/expression dichotomy. Copyright only protects the expression of ideas, not the ideas themselves.

36
Q

Can you infringe if you upload something that nobody downloads?

A

Yes, the mere fact that you upload something is infringing a making available right, which means that right holders don’t have to show that anyone downloaded it.

37
Q

What’s the harmonised EU standard of originality?

A

the infringement standard is whether the author’s own intellectual creation has been taken.

38
Q

How will Brexit affect EU caselaw?

A

Rules based on Directives will remain until Uk says they aren’t Uk law anymore, but regulations and ECJ caselaw (esp caselaw not confirmed by UK courts) wont.

39
Q

Does a poem count as a database?

A

No, a poem isn’t a database of words as we can’t individually access the words- their function isn’t individual, for literary works, the function is given by the logical sequence or narrative.
A database must be both methodologically or systematically arranged, and individually accessible.

40
Q

Will all infringing acts be infringement?

A

Infringement is where your infringing act involves either the whole or a substantial part. Substantial part refers to quality not quantity (NLA v Marks and Spencer), Designers Guild v Russel Williams held no exact or literal copying of fabric design but copying of ideas in design was breach of copyright- this non-literal breach is relevant to software design.h

41
Q

How are exclusive copyright licences granted?

A

Exclusive licences, where the licensee has the right to exploit the copyright to the exclusion of all other persons including the licensor, should always be in writing and signed by or on behalf of the owner of the right. (s92 and 101 of CDPA)

42
Q

What did the UK’s standard of originality used to be and what is it now?

A

UK standard USED to be “skilled judgement and labour”- THIS HAS BEEN REPLACED BY EU And is now “author’s own intellectual creation”

43
Q

Powell v Ornstien

A

The maker of the database is the actual maker and they’re the first owner of a database, even if it’s made during employment

44
Q

How does CDPA define a database?

A

The CDPA defines a database as a collection of materials:

  1. arranged in a systematic or methodical way
  2. individually accessible by electronic or other means
45
Q

What does copyright protect?

A

Copyright protects original works (article, song, movie, painting)

46
Q

What is the sui genesis database right?

A

The idea is protecting the investment in obtaining, verifying and presenting the content. We’re not talking about originality, it’s about investment, so instead of an author, it’s a maker. The maker obtains a right to forbid extractions and reuses, essentially the same set of rights as copyright gives.
This only exists in the EU and South Korea.

47
Q

NLA v Marks and Spencer

A

When deciding whether an infringing act involves a substantial part, substantial part refers to quality not quantity

48
Q

Does CDPA (as amended by 1996 Database Directive) apply worldwide?

A

No, its an EU reg, so the database maker must have an ongoing conncection with an EEA state (ie being resident or having business registered there)

49
Q

What is a copyright licence?

A

Permission to do something that would otherwise infringe copyright.

50
Q

Can yellow pages be protected?

A

Yes, as yellow pages are a selection and arrangement (i.e only professionals, arranged by their professional activity).
So, someone in Edinburgh couldn’t copy your yellow pages and add Edinburgh data as they’d be copying your rules to select and arrange, which is protectable. The originality has to be in the structure and therefore the copyright protection is in the structure, not the content.

51
Q

How do you claim a database right?

A

They arise automatically when when there’s been a “substantial investment” in obtaining/verifying/presenting the contents of the database

52
Q

Polydor v Brown & Ors

A

The communication right (which includes broadcasts and on-demand transmissions) was held to include connecting a P2P computer to Internet and putting in shared directory

53
Q

What rights do moral rights include?

A

The right to attributing, the right to have work published anonymously/pseudonymously, the right to the integrity of the work.

54
Q

Who owns copyright of computer generated works?

A

Nova Productions Ltd v Mazooma Games Ltd held that the copyright is owned by whoever created the rules and logic of the programme that allowed it to be created.

55
Q

Do moral rights have to be claimed in the UK?

A

Yes, they have to be asserted. They don’t have to be claimed in much of Europe.

56
Q

What does sui generis mean?

A

Of its own kind or class

57
Q

Leslie A. Kelly v Arriba Soft Corp?

A

Search-engines may link to thumbnails of images. It didn’t resolve whether full-sized images would have been infringement.

58
Q

What is the test for originality with databases?

A

There must be effort spent on selection and arrangement of the data and sufficient judgment and skill exercised in the process to make the work the author’s own intellectual creation

Internet Law (7 decks)

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