Copyright Law Flashcards
What is copyright?
A species of IP and can be approached from three perspectives;
- What areas of law fall into the scope of IP?
- What is IP designed to do?
- What are the policy issues relating to IP?
What does it mean to be a “Property Right” ?
Someone owns it, you can sell it and you can stop others from using it
Intangible copyright?
There’s a distinction between object and separate copyright - property is object owned by one person WHEREAS copyright is another
Do you need registration for copyright?
No - it’s automatic
What is the first step for approaching copyright issues?
DOES COPYRIGHT SUBSIST?
Part III - is it an original, in material form, a literary, dramatic, artistic or musical work related to Aus
Part IV - is it published?
What is the second step for approaching copyright issues?
WHO OWNS COPYRIGHT?
Part III - generally the author of the work
Part IV - Identify relevant position considering assignment or liscences
What is the third step to approaching to copyright?
HAS THERE BEEN A DIRECT/THREATENED INFRINGEMENT?
Has there been authorisation? or Infringement Importation or Sale?
What is the fourth step to approaching copyright?
ARE THERE ANY EXCUSES?
Check for assignments or liscences. Is the infringing conduct a fair dealing for one of the purposes in the Act and are there any of the specific, royalty-free expectations or statutory liscences applicable?
What is the fifth step to approaching copyright?
What remedies are available for plaintiff’s against defendants
What is the sixth step to approaching copyright?
Has there been any (potential) breaches of moral rights which require consideration?
What does there need to be for copyright to subsist under Part III?
Needs to be an original, in material form, a dramatic, literary, artistic or musical work related to Australia
What is contained in Part IV for subject matter?
Copyright in subject matter is for sound recordings, cinematographic films, television and sound broadcasts and publishes editions of work
Who owns copyright first?
The “author” - creator of the work
What are the exceptions to the basic rule of copyright’s first owner?
Work is produced in the course of employment, journalists and commissioned artistic works.
The ownership of copyright can always be modified in the contract
What is a liscence?
Permission to deal with the copyright subject matter for certain purposes
What is an exclusive liscence?
A liscence in writing, signed by or on behalf of the owner or prospective owner of the copyright, authorising liscensee to the exclusion of all other persons to the act that… the owner of the copyright would, but for the liscnce, have all exclusive rights to do
What are other liscences are there?
Statutory liscences and compulsory liscences
What is an infringement of copyright?
Doing/authorising any of the exclusive rights comprised in copyright without permission of copyright
Does the whole work need to be infringed?
Not done in relation to the whole work - just a substantial part of the work
What is ‘substantial’?
requires a consideration of the quality of the work taken in relation to the work as a whole, rather than a question of quantity.
When there is a direct infringement in Part III?
It is much more restricted concept that in relation to works
Can copyright be infringed event with authorisation?
Yes - when person attributes the doing in Aus of any act comprised of copyright without the liscence of the owner
What matter needs consideration to determine the issue of authorisation?
The extent of the person’s power to prevent the doing of an act concerned to the nature of any relationship existing between person and person who committed act and whether person took any reasonable steps to prevent/avoid doing of act inc. whether person complied with any relevant industry codes of practice
What the main forms of indirect infringement?
Imported for the purpose of trade without liscence of the copyright owner and sold, hired out or otherwise made the subject of trade
