Intellectual Property Flashcards
What are the four main forms of intellectual property?
- copyright
- design rights
- trade marks
- patents
What is the main legislation for intellectual property?
Copyright, Designs and Patents Act 1988
Define copyright and copyright works.
Section 1, Copyright, Designs and Patents Act 1988 -
Copyright is a property right which subsists in accordance with this Part in the following descriptions of work:
- Original literary, dramatic, musical or artistic works,
- Sound recordings, films or broadcasts, and
- The typographical arrangement of published editions
When does copyright protection arise?
Section 11, Copyright, Designs and Patents Act 1988 - Copyright protection arises immediately on creation of the work
When is a work original?
University of London Press v University Tutorial Press (Exam papers case) - Held: Literary work is not ‘literature’ but rather written expression and the act doesn’t require that the work is novel, just that it has not been copied from enough. It was enough that the exam was not copied to be original.
Baigent v Random House Group Ltd (davincci code case) - Held: Action failed because the expression of the idea is what is protected by copyright not the idea itself.
Provide the distinction between ownership and authorship.
- The owner of the copyright has certain exclusive rights in relation to the work (UoS)
- The author, who may or may not be the owner, has rights known as moral rights (Professors)
What are the exclusive rights of the copyright owner under the Copyright, Designs and Patents Act 1988?
- s17: To copy the work
- s18: To issue copies of the work
- s18A: To rent or lend the work
- s19: To perform, show or play the work
- s20: To communicate the work to the public
- s21: To make an adaptation of the work
What does the Copyright, Designs and Patents Act 1988 say about copyright infringements?
- s16: For anyone else to do one of these “without the licence of the copyright owner” is a primary infringement of the owner’s rights.
- s22-27: “secondary infringement”, which is essentially facilitating copyright infringements (by importing or dealing with infringing copies)
What are the defences for copyright infringement?
- s30: Criticism and news reporting
- s30A: Parody works
- s32-36A: Copying for educational purposes
of the Copyright, Designs and Patents Act 1988.
What are the moral rights of the author under the Copyright, Designs and Patents Act 1988?
- s77-79: Right to be identified as author
- s80-83: Right to object to derogatory treatment of work
- s84: Right to object to false attribution of work
- s85: Right to privacy of photographs and films made “for private and domestic purposes”
What is the period of copyright protection for literary, dramatic, musical or artistic works?
s12: Literary, dramatic, musical or artistic works: author’s lifetime plus 70 years
What is the period of copyright protection for sound recordings?
s13A: Sound recordings: 50 years from making of recording or 70 years from recording being made available to the public
What is the period of copyright protection for films?
s13B: Films: 70 years from death of last surviving of principal director, author of screenplay, author of dialogue or composer of music created for film
What is the period of copyright protection for broadcasts?
s14: Broadcasts: 50 years
What is the period of copyright protection for typographical arrangements?
s15: Typographical arrangements: 25 years