Law Flashcards
Duration - Berne Convention minimum
Life + 50 years
Duration - foreign works
Same as country of origin
Principle of “comparison of terms” rather than “national treatment”
e.g. CA work has Life + 50 years even in UK
Duration - LDMA general
Life + 70 years from end of calendar year in which author dies (s.12(2))
Duration - LDMA joint
Life + 70 years from last author to die (s.12(4))
Duration - co-authored songs
As joint LDMA, Life + 70 years from last author to die (s.12(8))
Duration - computer-generated LDMA
50 years from end of year in which the work was made (s.12(7))
Duration - industrially produced works of artistic craftsmanship
Life + 70 years
Used to be 25 years, but s.52 CDPA repealed
Duration - perpetual copyright
Peter Pan Schedule 1, para 1, 3 CDPA
Royalties to GOSH, even though author died in 1937
Duration - unknown authorship
70 years from date of creation, or date on which made available to public (s.12(3))
Duration - Films
Life + 70 years, from last to die of:
principal director
author of screenplay
author of dialogue
composer of music (specially created for and used in the film)
OR 70 years from end of year in which the film was made available to the public (s.13B(4)(b), (10))
Rememeber Norowzian v Arks - protected as dramatic work
Duration - sound recordings
50 years from end of year in which recording was made
OR
70 years from year of publication, C2P, played in public
Duration - broadcasts
50 years from when the broadcast was first made
Duration - typographical arrangements
25 years from year of first pubilcation
Duration - Database rights
15 years from completion, or making available (sui generis DB right)
Infringement - Primary
Exclusive/restricted action w/o consent
Strict liability - knowledge and intention irrelevant, innocence defence only in relation to remedies (BUT: GS Media - presumed knowledge in linking cases)
Two requirements:
1. DERIVATION (causal connection) - independent creation allowed, proof by D if inferred from similarity
2. OBJECTIVE SIMILARITY
(c) work, or substantial part thereof