Fixation and Authorship Flashcards
Fixation
s3(2) CDPA: CR will not subsist in LDM works ‘unless and until it is recorded, in writing or otherwise’.
S3(3) CDPA: Someone other than the author can record the work and it is immaterial whether permission is granted to do so.
No express requirement in Artistic Works: However, it may be implicit (Harpbond; Creation Records)
For films, sound recordings and typographical arrangements of published editions, fixation is inherent
Broadcasting is ephemeral
Policy
Courts can refuse the existence of CR, even with fulfilment of all of the subsistence criteria above, on policy grounds.
Author
S9(1) CDPA: “author”, in relation to a work, means the person who creates it.
S9(3) CDPA: In the case of an LDMA work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
(S178: “computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work)
S10 CDPA: “work of joint authorship” means 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.
S10A CDPA: a “work of co-authorship” means 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.
S11(1) CDPA: Where an LDMA work or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.
