Copyright Flashcards
What is Copyright?
Copyright law in the UK is governed by the Copyright, Designs and Patents Act 1988 (which is known as the “CDPA”). The Act came into force in the UK on 1 August 1989, and a number of amendments have been made to the original statute in the years since, mostly in response to European Union directives and related case law and the Court of Justice of the European Union.
Copyright is a statutory and intangible property right as provided in Section 1 of the CDPA 1988. It subsists in original literary, dramatic, musical or artistic works (known as “authorial works”); or sound recordings, films, broadcasts and published editions such as books and magazines (known as “entrepreneurial works”).
What is CDPA?
Copyright, Designs and Patents Act 1988
What are the challenges of copyright in the digital age?
The digital age has blurred the concept of originality and original authorship. Copyright has also been used to silence political opposition during the digital age.
What is article 13?
Article 13 which would have prevented the sharing of memes…
How long does copyright last for?
Copyright lasts for 70 year from the death of the author for literary, dramatic, musical or artistic works. If the author is unknown copyright lasts for 70 years after the work is first made available to the public…
What can copyright be used on?
Copyright cant be used on an idea, it has to be on a tangible expression of an idea.
What is software and databases considered to be in the eyes of copyright?
Software is considered a literary work, while a database is considered to be a collection of independent works, data or other material.
What impact has Brexit had on copyright?
Dunno
What rights does copyright give?
Copyright provides the right to or authorise someone else to:
- Copy the work;
- Communicate the work to the public (e.g. via radio or internet);
- Make an adaptation of the work;
- Perform, show or play the work in public;
- Issue copies of the work to the public; and
- Rent or lend the work to the public.
What are orphan works?
Orphan works are creative works for which the rights holder(s) cannot be found. These are works or performances that are subject to copyright - like a diary, photograph, film or piece of music - for which one or more of the right holders is either unknown or cannot be found.
What is authorship?
Under Section 9 of the CDPA 1988, the author of a work is, quite simply, the person who created it. In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken. If it is a sound recording then the producer is taken to be the author. If it’s a film, then the producer and principal director will be considered the film’s authors. In the case of a typographical arrangement of a published edition, the publisher will be held to be the author.
A work is considered to be of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known. A work is considered to be a work of “joint authorship” if the work is produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors – in other words, that they have contributed more or less equally.
What are restricted acts?
The Restricted Acts, the acts which are restricted to the owner of the copyright, are listed in Chapter II, Sections 16 to 21 of the CDPA, and include reproduction rights (the right to authorise or prohibit copying of the work); distribution rights (the right to authorise or prohibit the issue of copies to the public); rental and lending rights; public performance rights (showing, performing or playing); the right to communicate the work to the public and the right to authorise or prohibit the communication of the work to the public (by, for example, publishing it on the internet); and the right to adapt the work (by, for example, making a translation of the work to another format or language or changing the work into a book, film or play).
What are the permitted acts?
Doing the acts classified as Permitted Acts will generally not give rise to copyright infringement provided that the use is fair – a doctrine known as ‘fair dealing’ in the UK but commonly referred to as ‘fair use’ in the American copyright system……..
What is Hubbard v Visper?
A leading case related to fair dealing of copyright protected material, Hubbard v Vosper (1972), involves the Church of Scientology, which launched an action against Cyril Vosper, a former member, for infringing the copyright of Scientology founder L Ron Hubbard in an expose, a book called The Mind Benders that Vosper had written of the Church. It was alleged that Vosper had used copyright protected materials including the writings of Hubbard and Church material related to its courses, which the Church considered to be copyright protected and confidential given that they were not to be viewed by those who had not yet gone “clear’.
What does CDPA cover?
The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used.
The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.
