Copyright Legislation Flashcards
What are the Two main acts regarding Copyright?
Copyright Act 1956.
Copyright, Designs and Patents Act 1988.
What is the CDPA 1988?
Belongs to author, creator or employer unless and agreement says otherwise.
What is the Copyright 1956/57 Act?
Copyright owned by the commissioner (pre 88 act)
What are the changes between both acts?
Gave Copyright ownership to creator or employer and created residual/moral rights
- The right to be identified as author
- the right to object derogatory treatment
- The right to not have work falsely attributed to you
What does Copyright cover?
Copyright covers intellectual property rights, not news, ideas and facts.
Copyright before 1989 still owned by commissioner
How is Copyright assigned?
In Writing.
Copyright can be inherited.
Copyright infringement is a civil wrong (tort)
What is the legal course for Copyright infringement?
- High Court injuction to stop it
- injuction can ban repetition
- Owner can sue
- Court can order injuctions destroyed or removed
How long does copyright last?
Written Word, Music Recordings, Photos - 70 years
AI generated and Broadcasts - 50 years
Defence to infringement
- Fair dealing/public interest in media coverage
- Can be used in small amount with credit
The public interest defence
- Protects publication of still photos
- purpose to expose immoral work
- Damaging to public life, health, safety
- Work incites bad behaviour
What is innocent infringement?
Unaware or thought copyright ran out
What is Acquiescence?
Copyright holder encourages others to use work without complaint, may desultory infringement claim
What is Open Content Licences?
- Used on social media sites
- Creators give “open content” licence for
- people to copy and distribute
- Free if accredited
Case Law
- Ashdown case, ECHR Article 10 freedom to expression
- BBC vs BskyB
