Lecture 3 - Copyright and authorship Flashcards
what are the 2 types of copyright
one is exclusive right to make copies/reproduce the work of an author and two as a way of protecting the author in terms of exploitation of the work
what are the differences between ideas and expression
- a minimum amount of skill and labour needs to be put into the work
-copyright protects the authors own expression of the underlying idea
-ideas are generally left unprotected to be used by all - expression of the idea needs to be original
- originality is not defined by the berne convention left to each member country
-attempts to balance competing interests
-the expression of the idea needs to exist in a permanent form to attract copyright
what is the significance of designers guild v russel williams textiles ltd
potential copyright work may express certain ideas which are not protected because they have no connection with the nature of the work
what can be copyrighted
according to berne convention - literary and artistic works
these are subdivided into several types of works in sec1(1) CDPA 1988
what is literary work
any work other than a dramatic or musical work which is spoken or sung - s3(1) CDPA 1988
what must the author do for his work to be original
the author mustve expended skill, judgement and labour or selection, judgment and experience or labour, skill and capital in creating the work
what is dramatic work
according to norowzian v arks ltd - a dramatic work is any work of action with or without words or music that is capable of being performed before an audience
how are artistic works protected
they are works protected irrespective of artistic quality
what does s6 CDPA do for broadcasts
grants copyright protection to broadcasts and this includes both electronic cable transmissions and wireless broadcasts
how does work meet qualification
linked to principle of national treatment
the principle is implemented through a 2 stage process - 1 the criteria used to establish a connection with the uk either through the publication or the author 2 - the system is applied to works connected with other member states of the convention
qualification by means of first work will qualify for copyright
who is the first owner of the copyright
the author under s11(1) CDPA
-employee will be first owner of the copyright in a literary, dramatic, musical or artistic work
