FC4 Copyright

Question 1

In which descriptions of work will copyright subsist?

Answer 1

Copyright is a property right which subsists in the following descriptions of work:

(a) original literary, dramatic, musical or artistic works (original LDMA)
(b) sound recordings, films or broadcasts (SRFB)
(c) the typographical arrangements of published editions (TYPO APEs)

Copyright does not subsist in a work, unless the requirements w.r.t qualification for copyright protection are met.

Question 2

Which moral rights subsist in favour of the author, director or commissioner or copyright work?

Answer 2

right to be identified as author or director
right to object to derogatory treatment of work
right to privacy of certain photographs and films

these rights subsist whether or not the person is the owner of the copyright

Question 3

Define “literary work”

Answer 3

Any work other than a dramatic or musical work,
which is written, spoken or sung, and accordingly includes:

(a) a table or compilation other than database
(b) a computer programme
(c) preparatory design material for a computer programme
(d) a database

Question 4

Define “dramatic work”

Answer 4

A work of dance or mime

Question 5

Define “musical work”

Answer 5

A work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music

Question 6

Define a “database”

Answer 6

A collection of independent works, data, or materials, which:

• are arranged in a systematic or methodical way, and
• are individually accessible by electronic or other means

Question 7

When is a literary work consisting of a database original?

Answer 7

If, and only if, by reason of the selection or arrangements of the contents of the database, the database constitutes the author’s own intellectual creation

Question 8

Define “artistic work”

Answer 8

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality
(b) a work of architecture being a building or a model for a building
(c) a work of artistic craftsmanship

Question 9

Define “building”

Answer 9

includes any fixed structure, and a part of a building or a fixed structure

Question 10

define “graphic work”

Answer 10

includes

• any painting, drawing, diagram, map, chart or plan
• any engraving, etching, lithograph, woodcut or similar work

Question 11

define “photograph”

Answer 11

means 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

Question 12

define “sculpture”

Answer 12

includes a cast or a model for purposes of sculpture

Question 13

Define work of “unknown authorship”

Answer 13

If the identity of the author is unknown, or, in the case of a work of joint authorship, if the identity of none of the authors is unknown

Identity is unknown if it is not possible for a person to ascertain author’s identity by reasonable enquiry. If his identity is once known, it shall not be subsequently regarded as unknown.

Question 14

Who is the author of:

(a) sound recording
(b) film
(c) broadcast
(d) TYPOED
(e) LDMA which is computer-generated

Answer 14

(a) producer
(b) the producer and the principal director
(c) the person making the broadcast or in the case of a broadcast which relays another broadcast by reception and immediate retransmission, the person making that other broadcast
(d) the publisher
(e) the person by whom the arrangements necessary for the creation of that work are undertaken

Question 15

define “work of joint authorship”

Answer 15

a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors

Question 16

define “work of co-authorship”

Answer 16

a work produced by the collaboration of the author of a musical work and the author of a literary work, where the two works are created in order to be used together

Question 17

When does the copyright expire?

Answer 17

at the end of the period of 70 years from the end of the calendar year in which the author dies, however:

if the work is of unknown authorship, the copyright expires at the end of the period of 70 years from the end calendar year in which the work was made; or, if during that period the work is made available to the public, at the end of the period of 70 year from the end of the calendar year in which it is so first made available

If the identity of the author becomes known before the period specified above, then the normal rule applies.

Question 18

In terms of S12 CDPA (duration), what does “making available to the public” include?

Answer 18

in the case of LDM, performance of work in public or communication to the public

in the case of A, exhibition in public, communication of the public or a film including the work being shown in the public

But, in determining whether a work has been made available to the public, no account should be taken of any unauthorised act.

Question 19

With reference to s12 CDPA (duration), what happens when the country of origin of work is not EEA state and the author of the work is not an EEA national?

Answer 19

if so, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which applies under 12(2) to 12(5) CDPA

Question 20

In terms of duration, what happens when the work is computer generated?

Answer 20

If so, the normal provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made

Question 21

With reference to CDPA 12 (duration), the provisions of this section do not apply to…

Answer 21

Crown copyright
parliamentary copyright
copyright of certain international organisations

Question 22

CDPA 77 - right to be identified

Answer 22

applies to the author of a copyright LDMA work and the director of a copyright film

this right is not infringed unless it has been asserted as per s78

Question 23

S77 (right to be identified); author of literary work or a dramatic work

Answer 23

literary work, other than words intended to be spoken or sung with music, or dramatic work has the right to be identified whenever:

(a) the work is published commercially, performed in public or communicated to the public
(b) copies of a film or sound recording including the work are issued to the public

and that right includes the right to be identified whenever any of those events occur in relation to adaptation of the work as the author of the work from which the adaptation was made

Question 24

S77 (right to be identified) - musical work, or literary work consisting of words intended to be sung or spoken with music

Answer 24

whenever:

the work is published commercially
copies of a sound recording of the work are issued to the public
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

and the right includes the right to be identified whenever any of these events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made

Question 25

CDPA - 77 (right to be identified, artistic work)

Answer 25

whenever:

the work is published commercially 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, in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, copies of graphic work representing it, or a photograph of it, are issued to the public

Question 26

s77 cdpa (special circumstances)

Answer 26

Work of architecture in the form of a building - right to be identified on the building as constructed or, where where more than one building is constructed to the design on the first to be constructed

Film - right to be identified whenever the film is shown in public or communicated to the public or copies of the film are issued to the public

Question 27

CDPA 77 (how to identify the author/director)

Answer 27

(a) in the case of commercial publication or issue to the public of copies of film or sound recording, to be identified in or on each copy or, if that’s not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring the copy
(b) in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and
(c) in any other case, to be identified in a manner which is likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition,showing or communication to the public in question

and the identification must in each case be clear and reasonably prominent

If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used, otherwise, any reasonable form of identification may be used.

Question 28

What is a partial assignment?

Answer 28

Limited to as to apply:

to one or more, but not all, of the things the copyright owner has the exclusive right to do

to part, but not the whole, of the period for which the copyright is to subsist

Question 29

CDPA 91 (future copyright)

Answer 29

future copyright is copyright which will or may come into existence in respect of a future work or a class of works or on the occurrence of the future event

Where by an agreement made in relation to future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title.

Question 30

Who is the first owner of the copyright?

Answer 30

The author, except:

where a LDMA or a film made by an employee in the course of his employment, his employer shall be the first owner of any copyright in the work, subject to any agreement to the contrary

does not apply to Crown or Parliamentary copyright or to copyright of certain international organisations

Question 31

CDPA 80 (derogatory treatment)
define “treatment”

Answer 31

any addition to, deflation from or alteration to or adaptation of the work, other than:

a translation of a literary or dramatic work
an arrangement or transcription of a musical work involving no more than change of key or register

Question 32

CDPA 80 (derogatory treatment)
when is the treatment derogatory?

Answer 32

If it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director

Question 33

CDPA 80 (derogatory treatment)
who infringes the right?

Answer 33

In the case of LDM work, a person who:

published commercially, performs in public or communicates to the public a derogatory treatment of work

issues to the public copies of a film or sound record of or including a derogatory treatment of work

In the case of artistic work, a person who:

publishes commercially or exhibits in public a derogatory treatment of work, or communicates to the public a visual image of a derogatory treatment of work

shows in public a film including a visual image of derogatory treatment of work or issues to the public copies of such a film

in the case of a work of architecture in the form of a model for a building, a sculpture or a work of artistic craftsmanship, issues to the public copies of graphic work representing, or a photograph of, derogatory treatment of work

The above does not apply to a work of architecture in the form of a building, but where the author of such a work is identified on the building and it is the subject of derogatory treatment, he has the right to require the identification to be removed

In the case of a film, a person who:

shows in public or communicates to the public a derogatory treatment of film

issues to the public copies of a derogatory treatment of a film

The right conferred by this section extends to the treatment,ent of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to or are likely to be regarded as work of the author or director.

Question 34

CDPA 180 (economic rights)
confers rights on...?

Answer 34

a performer, by requiring his consent to the exploitation’s of his performances, and

on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer

and creates offences in relation to dealing with or using illicit recordings and certain other related acts

Question 35

CDPA 180 (economic rights)
define performance

Answer 35

means

dramatic performance (which includes dance and mime)
musical performance
a reading or recitation of literary work
a performance or a variety act or any similar presentation

which is, or so far as it is, a live performance given by one or more individuals

Question 36

CDPA 180 (economic rights)
define recording

Answer 36

recording, in relation to a performance, means a film or sound recording

made directly from live performance
made from the broadcast of a performance
made directly or indirectly from another recording of the performance

Question 37

CDPA 180 (economic rights)
miscellaneous

Answer 37

The rights conferred by this part are independent of:

any copyright in, or moral rights relating to, any work performed or sound recording of, or broadcast of the performance, and

any other right or obligation arising otherwise than under this part

Question 38

CDPA 182

Who infringes performer’s rights?

Answer 38

a person who, without his consent:

makes a recording of the whole or any substantial part of a qualifying performance directly from the live performance

broadcasts live the whole or any substantial part of the qualifying performance

makes a recording of the whole or a substantial part of a qualifying performance directly from a broadcast of the live performance

Damages won’t be awarded against a defendant who shows that at the time of infringement he believed on reasonable grounds that consent had been given.

Question 39

CDPA 16 (primary infringement)

Answer 39

Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright, that is:

copy the work

issue copies of the work to the public

rent or lend the work to the public

perform, show or play the work in the public

communicate the work to the public

make an adaptation of the work or do any of the above in relation to an adaptation

Question 40

CDPA 16 (primary infringement); doing an act

Answer 40

refers to the doing of it:

in relation to the work as a whole or any substantial part of it

either directly or indirectly

and it is immaterial whether any intervening acts themselves infringe the copyright

Question 41

CDPA 17 (copying of the work)

Answer 41

applies to every description of the work

In relation to LDMA, means reproducing the work in any material form, including storing the work in any medium by electronic means.

In relation to an artistic work, copying includes making of a copy in 3D of a 2D work, and the making of a copy in 2D of a 3D work.

In relation to a film or broadcast, includes making a photograph of the whole or any substantial part of any image forming part of the film or broadcast.

In relation to TYPO APE, means making a facsimile copy of the arrangement

In relation to any description of the work includes the making of copies which are transient or are incidental to some other use of work.

Question 42

CDPA 18 (issue to the public of copies of work)

Answer 42

Every description of work.

The act of putting into circulation in the UK copies not previously put into circulation in the EEA by or with consent of the copyright owner.

This does not include any subsequent distribution, sale, hiring, loan of copies previously put into circulation.

Question 43

CPDA 21 (adaptations)

Answer 43

Any literary, dramatic or musical work. Adaptation is made when it is recorded, in writing or otherwise.

The doing of any acts specified in s17 to s20 or above in relation to an adaptation of the work is also an act restricted by the copyright. For this purpose, it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time when the act is done.

Question 44

Meaning of adaptation in the context of primary infringement

Answer 44

(a) in relation to a literary work other than a computer programme or database, or in relation to a dramatic work, means:

a translation of the work
a version of a dramatic work in which it is converted to a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted to a dramatic work
a version of the work in which the story or action is conveyed mainly or wholly by means of pictures in a form suitable for reproduction in book or in a newspaper, magazine or a similar periodical

(ab) in relation to a computer programme, means an arrangement or altered version of the programme or translation of it
(ac) in relation to a database, means an arrangement or altered version of the database or translation of it
(b) in relation to a musical work, means an arrangement or a transcription of work

In relation to a computer programme, a “translation” includes a version of the program in which it is converted into or out of a computer language or code into a different computer language or code.

Question 45

CDPA 22 (secondary infringement, importation)

Answer 45

A person who, without the licence of the copyright owner, imports into the UK, otherwise than for his private and domestic use, an article which is, and which he knows or has reason to believe is, an infringing copy of work.

Question 46

CDPA 23 (secondary infringement, infringing copy)

Answer 46

A person who, without the licence of the copyright owner does the following in relation to an article which is, and which he knows or has reason to believe is, an infringing copy of the work:

possesses in the course of business

sells or lest for hire or offers or exposes for sale or hire

in the course of business exhibits in public or distributes

distributes otherwise than in the course of business to such an extent so as to affect prejudicially the owner of the copyright

Question 47

CDPA 24 (secondary infringement, article for infringing copies)

Answer 47

A person who, without the licence of the copyright owner, does any of the following in relation to an article specifically designed or adapted for making copies of the copyright work, knowing or having reason to believe that it is to be used to make infringing copies:

makes

imports into the UK

possesses in the course of business

sells or lets for hire of offers or exposes for sale or hire

Copyright in a work is infringed by a person who without the licence of the copyright owner

transmits the work by means of telecommunications system (otherwise than by communication to the public), knowing or having reasons to believe that infringing copies of the work will be made by means of the reception of the transmission in the UK or elsewhere

Question 48

CDPA 28A (exception to infringement by copying)

Answer 48

Copyright in a literary work other than a computer programme or a a database, DMA, TYPO APE, SRF is not infringed by

the making of a temporary copy which is transient or incidental, which is an integral or essential part of a technological process and the sole purpose of which is to enable

(a) a transmission of the work in a network between third parties by an intermediary, and
(b) a lawful use of the work

and which has no independent economic significance.

Question 49

CDPA 27 (definition of infringing copy)

Answer 49

An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.

Also if:

(a) it has been or is proposed to be imported into the UK, and
(b) its making in the UK would have constituted an infringement of the copyright in the work in question, or breach of an exclusive licence agreement relating to that work.

However, that does not apply to an article which may lawfully be imported into the UK by virtue of any enforceable EU right within the meaning of S2(1) of EC Act 1972.

i.e. exhaustion of rights when an article is put into circulation with the consent of the proprietor

Question 50

CDPA 27 (infringing copy during proceedings)

Answer 50

Where in any proceedings the question arises whether an articles is an infringing copy and it is shown:

that the article is a copy of the work, and
that copyright subsists in that work or has subsisted at any time

it shall be presumed until the contrary is proved that the articles was made at the time when copyright subsisted in the work.

Question 51

CDPA 29 (Fair dealing)

Answer 51

Fair dealing with a work for the purposes of research for a non-commercial purpose does not infringe any copyright in a work, provided that it is accompanied by sufficient acknowledgement. No acknowledgement is required in connection with fair dealing for the purposes mentioned above where this would be impossible for reasons of practicality or otherwise.

Fair dealing with a work for the purposes of private study does not infringe any copyright in the work.

Question 52

CDPA 29 (copying by a person other than the researcher or student himself)

Answer 52

is not fair dealing if:

(a) in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under S42A, or
(b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose

Question 53

CDPA 29 (it is not fair dealing to…)

Answer 53

(a) to convert a computer program expressed in a low level language into a version expressed in a higher level language, or
(b) incidentally in the course of so converting the program, to copy it

But these acts are permitted if done as per s50B.

It is also not fair dealing to observe, study or test the functioning of a computer program in order to determine the ideas and principles which underline any element of the program, these acts being permitted if done as per S50BA.

To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

Question 54

S30 (fair dealing, criticism, review, quotation)

Answer 54

Fair dealing with a work for the purpose of criticism or review of that or another work or of a performance of a work, does not infringe any copyright in the work, provided that the work has been been made available to the public, and it is accompanied by sufficient acknowledgement, unless this would be impossible for reasons of practicality or otherwise.

Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise), provided that:

(a) the work has been made available to the public
(b) the use of the quotation is fair dealing with the work
(c) the extent of quotation is no more than required by the specific purpose for which it is used, and
(d) the quotation is accompanied by sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

The work has been made available to the public if it has been available by any means, including:

(a) the issue of copies to the public
(b) making the work available by means of an electronic retrieval system
(c) the rental or lending of copies of the work to the public
(d) the performance, exhibition, playing or showing the work public
(e) the communication to the public of the work

(but in determining generally whether the work has been made available to the public, no account shall be taken of any unauthorised act)

Question 55

CDPA 30 (fair dealing, reporting of current events)

Answer 55

Fair dealing with a work, other than a photograph, for the purposes of reporting current events does not infringe any copyright in the work provided that it is accompanied by sufficient acknowledgement, but no such acknowledgement is required in connection with the reporting of current events by means of a SRFB, where this would be impossible for reasons of practicality or otherwise.

To the extent that a term in the contract purports to prevent or restrict the doing of any act, which would not infringe copyright, that term is unenforceable.

Question 56

CDPA 30A (fair dealing, caricature and pastiche)

Answer 56

caricature, parody and pastiche - fair dealing not infringement, cannot prevent this via contract

Question 57

CDPA 36 (copying by educational establishments)

Answer 57

Copying of extracts of a relevant work by or on behalf of an educational establishment does not infringe copyright in the work, provided that:

(a) the copy is made for the purpose of instruction for non-commercial purpose
(b) the copy is accompanied by sufficient acknowledgement, unless this would be impossible for reasons of practicality or otherwise

Also not infringement if a copy of an extract is communicated by or on behalf of educational establishment to its pupils or stage for the purposes of instruction for non-commercial purpose, where the communication is received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.

Relevant work is a copyright work other than broadcast or an artistic work which is not incorporated into another work.

Question 58

CDPA 36 (miscellaneous)

Answer 58

Not more than 5% of a work may be copied by or on behalf of eduestablishment in any period of 12 months and for these purposes a work which incorporates another work is to be treated as a single work.

Acts which would otherwise be permitted by S36 are not permitted it, or to the extent that, licences are available authorising the acts in question and eduestablishments responsible for those acts knew or ought to have been aware of that fact.

The terms of a licence granted to an eduestablishment authorising acts permitted by S36 are of no effect so far as they purport to restrict the proportion of a work which may be copied, whether on payment or free of charge, to less than that which would be permitted by this section.

Question 59

CDPA 36 (copying by EDU E, dealing with)

Answer 59

Dealt with means:
sold or or let for hire
offered or exposed for sale or hire
communicated otherwise than as permitted by s36(2)

if a copy made under S36 is subsequently dealt with:

it is to be treated as an infringing copy for the purposes of that dealing, and

if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes

Question 60

CDPA 50A (back up copies of comp programs)

Answer 60

Not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which is necessary for him to have for the purpose of his lawful use.

A person is a lawful user if he has a right to use the program, whether under licence to do any acts restricted by the copyright in the program, or otherwise.

When an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict that act. Such terms are void.

Question 61

CDPA 50B (decompilation)

Answer 61

Not an infringement of copyright for a lawful user of a computer program in a low level language:

(a) to convert it into a version expressed in a higher level language, or
(b) incidentally in the course of so converting the program, to copy it

that is to “decompile” it, provided that the following conditions are met:

(i) it is necessary to decompile the program to obtain information necessary to create an independent program which can be operated with the program decompiled or another program (the permitted objective), and
(ii) the information so obtained is not used for any purpose other than the permitted objective

The conditions are not met if the lawful user:

(i) has readily available to him the information necessary to achieve the permitted objective
(ii) does not confine the decompiling to such acts as are necessary to achieve the permitted objective
(iii) supplies the information provided by the decompiling to any other person to whom it is not necessary to supply it in order to achieve the permitted objective
(iv) uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by the copyright.

Terms and conditions in contracts which purport to prohibit or restrict the above permitted acts are void.

Question 62

CDPA 50BA (observing studying etc)

Answer 62

Not an infringement for a lawful user of a copy of a computer program to

observe, study or test the functioning of a program in order to determine the ideas and principles which underline any element of the program, if he does so while performing any of the acts of loading, displaying ,running, transmitting or storing the program which he is entitled to do.

Any contractual terms and conditions which purport to prohibit or restrict the above permitted acts are void.

Question 63

CDPA 50C (copying and adapting)

Answer 63

not an infringement of copyright for a lawful user of a copy of a computer program

to copy it or to adapt it, provided that this:

(a) is necessary for his lawful use, and
(b) it is not prohibited under any term or condition of an agreement regulating the circumstances in which his use is lawful

It may, in particular, be necessary for the lawful use of a computer program to copy it or adapt it for the purpose of correcting errors in it.

This does not apply to any copying or adapting permitted under 50A, B, BA.

Question 64

CDPA 56, which applies where a copy of a work in an electronic form has been purchased on terms which, expressly or impliedly, or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it

Answer 64

If there are no express terms:

(i) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
(ii) providing for the terms on which a transferee may do things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done without infringement of copyright by transferee, but any copy, adaptation or a copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.

same applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

The above also applies on a subsequent transfer.

Question 65

Copyright - 1st offence (infringing copy)

Answer 65

A person commits an offence, who, without the licence of the copyright owner:

(a) makes for sale or hire
(b) imports into the UK otherwise than for his private and domestic use
(c) possesses in the course of business with a view to committing any act infringing the copyright, or
(d) in the course of business:

(i) sells or lets for hire
(ii) offers or exposes for sale or hire
(iii) exhibits in public
(iv) distributes;

(e) distributes otherwise than in the course of business to such an extent as to prejudicially affect the copyright owner

an article which he knows or has reason to believe is, an infringing copy of copyright work.

In respect of (a),(b),(d)(iv),(e), the person is liable:

(A) on a summary conviction to imprisonment for a term not exceeding six months, or fine, or both;

(B) on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years, or both

As for any other offence, the person is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 4 on the standard scale, or both.

Question 66

Copyright - 2nd offence (an article for making infringing copies)

Answer 66

A person commits an offence who:

(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or
(b) has such an article in his possession

knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.

The person is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale, or both.

Question 67

Copyright - 3rd offence (communicating)

Answer 67

A person who infringes copyright in a work by communicating the work to the public, commits an offence if the person:

(a) knows or has reason to believe that the person is infringing copyright in that work, and
(b) either
(i) intends to make gain for the person or another person, or
(ii) knows or has reason to believe that communicating the work to the public will cause loss to the owner of the copyright, or will expose the owner of copyright to a risk of loss

Gain and loss extend only to gain in loss in money, whether temporary or permanent.

Loss includes a loss by not getting what one might get.

The person is liable:

(a) on a summary conviction to imprisonment for a term not exceeding 3 months, or a fine, or both
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years, or both

Question 68

Copyright - 4th offence (performance)

Answer 68

Where copyright is infringed (otherwise than by reception of a communication to the public):

(a) by the public performance of a LDM work, or
(b) by the playing or showing in public of SR or F

any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.

the person is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on standard scale or both.