Lecture 5 - Copyright infringement and defences

Question 1

what is primary infringement

Answer 1

s16(1) CDPA provides that the owner of the copyright in a work has exclusive right to:
a) copy the work
b) issue copies of the work to the public
c) perform, show or play the work in public
d) communicate the work to the public
e) make an adaptation of the work or do any of the above in relation to an adaption

• its an infringement to do or authorise someone to do the acts in s16(1)

Question 2

what is the causal link in relation to copying work

Answer 2

the causal link is the expression of the idea

Question 3

how do we establish the causal link

Answer 3

the claimant can demonstrate strong similarities between the earlier work and the alleged infringing work
-claimant should also provide evidence that the defendant had the opportunity to know the claimants work
- case of designer guild ltd v russell williams textiles ltd

Question 4

what does the law state about indirect copying

Answer 4

s16(3) - a copy of a copy also constitutes an infringement
- the causal chain can be long but must be uninterrupted and the final infringing copy must be linked to the original work with copyright

Question 5

what does the law state about substantiality

Answer 5

-s16(3)(a) - cdpa indicates that the d must have done the restricted act such as copying either the whole work or a substantial part of it

Question 6

what does the law state about issuing copies to the public

Answer 6

• s18 copyright infringement occurs when copies of work are issued to the public and this applies to all works

Question 7

what does the law state about rentals and lending

Answer 7

s18 - rental and lending of a work means that a copy of it is made available for use on terms that it will or may be returned
- unauthorised rentals will constitute infringement

Question 8

what does the law state about public performance of work

Answer 8

s19 - the performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work

Question 9

what does the law state about adaptation of work

Answer 9

s21 - making an adaptation of a literary, dramatic or musical work is restricted

Question 10

what are secondary infringements

Answer 10

• s22-26 this involves the commercial exploitation of copies which are made in or subject of an agreement
• the difference with primary and secondary is that the infringer in secondary must have knowledge or reason to believe there activity would constitute a secondary infringement

Question 11

what does the law state about infringing copies

Answer 11

• s27 states that it is an item the making of which constituted an infringement of copyright in the work in question