Criteria for Protection Authorship and Ownership Duration Flashcards
What is the requirement of fixation in copyright law?
A work must be recorded in tangible form.
Fixation ensures that copyright applies once the work is recorded, whether in physical or digital format.
What is the test for originality under EU copyright law?
It must be the author’s own intellectual creation, stemming from free and creative choices.
EU law emphasises originality as rooted in the author’s intellectual and creative contribution.
What is the duration of copyright for computer-generated works in the UK?
50 years from the date the work was created.
For computer-generated works with no human author, UK law grants copyright protection for 50 years.
Which of the following is NOT a related right under UK copyright law?
a. Performers’ rights
b. Database right
c. Artists’ resale right
d. Patent protection
Patents protect inventions, not creative or artistic works.
What determines whether a work qualifies for copyright protection under UK law?
The work has a connection to the UK through authorship or first publication.
Qualification is linked to a geographical and legal connection to the UK.
Copyright only arises when a work is recorded in a tangible form.
True or False
True
Fixation is a core requirement for copyright to exist.
Under joint authorship, all contributors must make equal contributions to the work.
False
Contributions must be authorial but do not need to be equal.
Performers’ rights protect live performances, including dramatic and musical acts.
True or False
True
Performers’ rights aim to safeguard the interests of individuals in live performances.
Database rights only apply to electronic databases, not printed or manual ones.
True or False
False
Database rights cover both electronic and non-electronic databases, as long as they meet the criteria.
The default duration of copyright for literary, dramatic, musical, and artistic works is life of the author plus 70 years.
True or False
True
Life + 70 years is the standard copyright duration under UK law.
Explain the two main requirements for originality under UK and EU copyright standards.
The UK focuses on skill, labor, and judgment, while the EU test centres on the “author’s own intellectual creation,” emphasising creative freedom.
What is the importance of authorship in determining copyright ownership?
Authorship is critical as it identifies who holds the copyright initially and defines moral rights.
How does the Artist’s Resale Right benefit creators?
It allows artists to earn a percentage of the resale price of their work when sold by art professionals.
What distinguishes a copyrightable database from other collections of data?
A database must involve substantial investment in obtaining, verifying, or presenting its contents or display originality in its structure.
Summarise the term of protection for sound recordings in the UK.
Sound recordings are protected for 50 years from creation, or 70 years if published or communicated to the public during that period.
