Defences, Remedies and Exploitation Flashcards
What is required for a fair dealing defence for criticism or review?
The work must be acknowledged as required.
Acknowledgment of the author and the work is a key requirement unless it is impractical.
What does Section 97A of the CDPA enable courts to do?
Order ISPs to block access to infringing content.
Courts can grant injunctions requiring ISPs to block access to websites facilitating copyright infringement.
Which of the following describes an exclusive license?
Only the licensee can use the work for the approved activity.
An exclusive license grants sole rights to the licensee for specific uses.
What determines whether temporary reproduction is a defence?
Whether the reproduction has economic significance.
The reproduction must not have independent economic significance and must be essential to a lawful process.
What does the defence of parody or pastiche require?
Noticeable differences from the original and expression of humour.
The use must evoke the original while being distinctly different and expressing humor or mockery.
Fair dealing defences for research must relate to commercial purposes.
True or False
False
Research for fair dealing must be for non-commercial purposes.
Website blocking orders apply only after ISPs are proven to commit infringement themselves.
True or False
False
ISPs do not need to personally infringe but must have actual knowledge of third-party infringements.
Sufficient acknowledgment is mandatory for fair dealing in criticism and review.
True or False
True
Acknowledging the author and work is a standard requirement.
Assignments transfer ownership rights, whereas licenses require ownership retention.
True or False
True
Assignments result in ownership transfer, while licenses allow usage with retained ownership rights.
Temporary acts of reproduction serve as a defence only if they are essential to a technological process.
True of False
True
The reproduction must be integral to the process and lack economic significance.
Explain the factors considered in assessing whether use qualifies as fair dealing for reporting current events.
Courts consider the public interest in the event, the amount of work used, its impact on the market, and whether the use informs the public about the event.
Describe the conditions necessary for invoking public interest as a defence for copyright infringement.
The case involves a significant matter of public interest, and the need for freedom of expression outweighs the copyright owner’s rights.
What are the requirements for an assignment of copyright to be valid?
The assignment must be in writing, signed by or on behalf of the copyright owner, and clearly specify the rights being transferred.
How does the CDPA define ‘temporary or incidental reproduction,’ and what are its permitted uses?
Reproduction must be transient, incidental, essential to a lawful process, and lack independent economic significance. Examples include browsing and caching.
List the key remedies available to copyright holders for infringement, and explain how damages are calculated.
Remedies include injunctions, damages, account of profits, and website blocking orders.
Damages consider lost sales or licensing fees, with additional damages awarded for flagrant infringement.
