Copyright Flashcards
What is the designs and patents act 1988?
Types of work covered:
Original literary, dramatic, musical, or artistic works, data bases and computer works, typographical arrangements of published editors.
Not covered:
There is no copyright in ideas, themes, styles. They have to be written in tangible forms.
What is the copyright on written words?
The person who creates it under the 1988 act unless you are employed, then the employer owns the copyright and can put it in the paper, on the web or sell it on in a syndication deal.
Freelancers own their own work /copyright but often sell all rights away in return for getting work.
What is the copyright on photos?
Pre 1989 - copyright belongs to commissioners of the pictures.
Post 1989 - Copyright belongs to the photographer or the photographers employer.
A magazine or newspaper may have negotiated copyright with family or friends if an ordinary person is involved in a high profile news story.
What is the moral rights?
Section 85 of the 1988 act:
people who commission films and photographs for private and domestic purposes have moral rights.
Commissioners have to consent.
They have this right even if they don’t own copyright.
The owner of the copyright can also sue.
What is a breach of copyright?
All or substantial part of the work is copied without permission.
Infringement is a civil tort.
It is also a criminal offence.
Defences for copyright:
Fair dealing - you can use part of copyright works for journalistic works.
This also covers other copyright material - government and other local authority reports.
Leaked and stolen documents are not covered
Fair dealing doesn’t cover photos.
Understanding the principle of fairness which is that that detracts significance from the commercial value of the work being copied.
What has been decided in case law?
Public interest - A narrow defence that can be used in certain circumstances
To expose a copyrighted piece of work if it is immoral, damaging to public life and or the administration of justice.
To help the police trace a person they need to interview.
reproduction of speeches.
How do we define substantial?
The 1988 act does not define substantial.
But case law from the European court of justice that now consecutive words can be considered substantial. so the test now is only about originality.
How relevant the copied material is in relation to the rest- question.
And the extent which the originality of the copied material devalues the work as a whole.
