Copyright (Rules and Definitions) Flashcards
1.
Summarise the Berne convention.
Copyright in one contracting state is automatically recognised in all other contracting states as if the work originated in their own country (i.e., is subject to their own laws).
The minimum length of protection is 50 years after the author’s death (except for photos and films), but contracting states can have longer terms. If copyright expires in the country of origin then protection in other countries with longer terms of protection than the country of origin may prematurely terminate protection also.
In which works does copyright subsist?
(1) Original literary, dramatic, musical or artistic works.
(2) Sound recordings, films or broadcasts.
(3) The typographical arrangement of published editions.
NB: “original” is only specified for (1) because the others relate to the means of recording/presentation and not to the work itself. For example, if A sings a song and B records it, A has copyright in the song if his song is original, whereas B has copyright in the recording of the song regardless of whether the song was original or not. The recording and the core work are distinct and only the latter need be original. To infringe the copyright on the recording, one would need to copy the recording itself.
NB: literary, dramatic and musical works must be recorded in order for copyright to subsist in them. It does not matter who recorded it or whether the recording was authorised or not. The work is only legally considered (for the purposes of copyright) to have been made once it has been recorded. (As I understand it, this is not specified for artistic works simply because it’s impossible to create an artistic work without recording it, whereas this is not the case for the other three types of work.)
What determines if a work quialify for UK copyright protection?
If the author is a UK national or resident, or if the first publication of the work was in the UK.
What are moral rights?
Rights that only the creator/author has, regardless of whoever the proprietor of the copyright is.
These are:
- the right to be identified as the author or director (the most important);
- the right to object to derogatory treatment of the work; and
- the right to privacy of certain photographs and films.
Define “literary work”, “dramatic work” and “musical work”.
A literary work is any work (other than a dramatic or musical work) which is written, spoken or sung, and thus includes [not an exhaustive list]:
* a table or compilation other than a database;
* a computer program;
* preparatory design material for a computer program; and
* a database.
A dramatic work includes any work of dance or mime.
A musical work is a work consisting of music, but does not include any words or action intended to be sung, spoken or performed with the music.
NB multiple types of copyright in what we might percieve to be a single work or performance. Imagine someone dancing on stage next to a singer singing with a band in the background: the dance is a dramatic work, the lyrics of the song are a literary work, and the band’s instumental music is a musical work. Note also that any recording of this performance would have its own copyright!
Deifne “artistic work”.
An artistic work is
* a graphic work, photograph, sculpture or collage, irrespective of artistic quality;
* a work of architecture (a building or a model for a building); or
* a work of artistic crafstmanship.
A photograph is defined as “a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film”. Computer generated images and the like therefore do not count as there is no recording of light.
Who is considered to be the author for group works like films or typographical arrangements of books?
The producer/principal director/publisher are considered to be the author. Where there is both a producer and a principal director, they are both considered to be joint authors.
Who is considered to be the author of a computer-generated work?
The person by whom the arrangements necessary for the creation of the work are undertaken.
This means, for example, the person who programmed the AI that created the work or the person who purchased a licence for the AI software and had it installed on the company computers, etc. - it just depends on the circumstance in question and may be open to debate.
When is the identity of an author considered to be unknown?
Where it is not possible to ascertain their identity by “reasonable inquiry”.
For example, random graffiti that appears on a wall overnight.
What determines if two authors are classed as joint authors with respect to a work?
Their contributions to the work must be indistinct from each other, otherwise they would both be authors of separate works.
For example, if two artists jointly drew a picture and both contributed to the various different parts of the picture, they would be joint owners. However, if one drew only the portion of the picture (let’s say a landscape, for example) below the horizon and the other drew only the portion above the horizon then they would not be joint authors.
Who is the first owner/proprietor of the copyright?
The author, unless the work was made in the course of employment, in which case the first owner is the employer, subject to any agreement to the contrary. Note that this is much simpler than patents.
NB en employer is not the same as a comissioner - see FD1 notes Chapter 8.
What are the copyright terms in the case of known authorship (not computer generated)?
Literary, dramatic, musical or artistic works: 70 years after author’s death.
Sound recordings and films: 50 years after the making of the recording, but if published or made available to the public during the 50 years, then the term is extended till 70 years after first publication.
Broadcasts: 50 years after first broadcast.
Typographical arrangements of published editions: 25 years after first publication.
NB “after” means “after the end of the calendar year of”.
In the case of joint ownership, the above terms are the same, except that the “author’s death” refers to the death of the last surviving known author to die. NB where some joint authors are known and some are unknown, the work is not treated as a work of unknown authorship.
What is the copyright term for works of unknown authorship?
70 years after creation of the work, but if the work is made available to the public during those 70 years, then the term is extended until 70 years after it being made available. (Note that unauthorised acts do not count as making available to the public.)
However, if the author’s identity becomes known during either of the above periods (not after), then the term is 70 years after the author’s death.
NB “after” means “after the end of the calendar year of”.
NB a work could be co-authored by multiple people, some known and some unknown. However, the above provisions only apply where the authorship is entirely unknown. In the case of a work where there a multiple authors, all unknown, the reference above to “if the author’s identity becomes known” refers to the identity of any of the authors becoming known.
What is the copyright term for a computer-generated work?
50 years after the end of the calendar year in which the work was made, in all cases.
Explain the moral right of the author or director to be identified as such.
The right must be asserted, otherwise it is waived (although this does not mean the right cannot be asserted in the future). NB this right can be asserted generally in a licence agreement such that the licensee is always bound to acknowledge the author with anything they do with the work.
MV: the author or director has the right to be identified whenever the work is published or issued or communicated to the public in any way. An architect in particular has the right to be identified by a plaque or the like on the building constructed in accordance with this design. If multiple buildings are constructed, however, then this only applies to the first of them.
The author of a literary work (other than song lyrics) or a dramatic work has the right to be identified whenever the work is published commercially, performed in public or communicated to the public, or whenever copies of a film or sound recording including the work are issued to the public.
The author of a musical work or song lyrics has the right to be identified whenever the work is published commerically, copies of a sound recording of the work are issued to the public, or a film of which the sound track includes the work is shown in public or copies of such a film are issued to the public.
The author of an artistic work has the right to be identified whenever the work is publisehed commerically or exhibited in public, or a visual image of it is communicated to the public; a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or, in the case of a work of architecture or a work of artistic craftsmanship, copies of a graphic work representing it or a photograph of it are issued to the public.
Similarly, an architect has the right to be identified by a plaque or the like on the building constructed in accordance with this design. If multiple buildings are constructed, however, then this only applies to the first of them.
