Economic Rights, Moral Rights, and Copyright Infringement Flashcards
Which of the following best describes the reproduction right in copyright law?
The right to create copies of a work in any material form.
This includes digital storage and extends to various types of copyrights.
What is required to establish communication to the public under copyright law?
A communication and access to a public.
Both elements must be present for the communication to fall within this exclusive right.
What happens to the distribution right after the first sale in the UK/EEA?
It is considered exhausted.
Once a copyright owner authorises the first sale of a copy, their control over further distribution is limited.
The paternity right allows authors to:
a. Retain ownership of all their works post-sale.
b. Object to any distortion of their works.
c. Be recognized as the creator of their work.
d. Protect their works from being reproduced.
Be recognized as the creator of their work.
This includes attribution when their work is used publicly.
Which of the following is NOT a requirement for substantiality in infringement cases?
a. Quality of the copied part.
b. The number of copies made.
c. Whether the part contains intellectual creation.
d. Importance of the copied part to the original work.
The number of copies made.
Substantiality focuses on quality and importance, not the quantity of the material copied.
The reproduction right allows storing a work in any digital or physical form.
True or False
True
It allows copying in all material forms, including digital storage.
Communication to the public includes broadcasting but does not require access by a public.
True or False
False
Both communication and access by a public are required.
Integrity rights allow the author to object to harmful distortions or changes to their work.
True or False
True
This right protects the author’s reputation and the work’s integrity.
Moral rights, such as paternity rights, can be waived through a written agreement.
True or False
True
These rights cannot be transferred but can be waived.
Secondary infringement requires proof of intent or knowledge of a breach.
True or False
True
Proof of knowledge or reasonable belief is necessary for secondary infringement.
What is the exhaustion of the distribution right, and how does it apply in the UK/EEA?
The distribution right is exhausted after the first legal sale of a copy in the UK/EEA. This means the copyright owner cannot control further redistribution of that specific copy.
Describe the two key requirements for primary infringement.
Primary infringement requires
(1) derivation, meaning a causal connection between the original work and the alleged infringement; and
(2) objective similarity, where the infringing work must closely resemble the original.
Explain the exceptions and limitations to the integrity right under moral rights.
Exceptions include computer programs, works made for reporting current events, and publications in newspapers or magazines. Certain acts, like fair dealing, may also limit this right.
What is the difference between primary and secondary infringement?
Primary infringement involves directly engaging in restricted acts without consent, whereas secondary infringement relates to facilitating or dealing with infringing copies, often requiring knowledge of the breach.
Define substantiality in terms of copyright infringement.
Substantiality is determined by the quality and importance of the copied part rather than its quantity. It focuses on whether the copied part contains the author’s intellectual creation.
