Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Media Law > Media Law 22: Copyright > Flashcards

Media Law 22: Copyright Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

main legislation for copyright law

[1]

A
  • Copyright, Designs and Patents Act 1988
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

types of work covered by CDPA 1988

[3]

A
  • original literary, dramatic, musical or artistic works
  • sound recordings, films or broadcasts
  • typographical arrangements of published editions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what counts as ‘original’

[2]

A
  • author’s own work

- doesn’t have to be strikingly imaginative, unusual or new

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what counts as a ‘literary work’

[4]

A
  • ‘any work, other than a dramatic or musical work, which is written, spoken or sung’
  • essentially ‘literary’ means it’s capable of being written down
  • common examples: books, newspaper and magazines features, stories, interviews, speeches, song lyrics
  • less obvious: computer code, databases, tables
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what thing of words does NOT count as a ‘literary work’

[2]

A
  • anything without substance (e.g. catchphrases or slogans)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what if two works are very similar?

[2]

A
  • can still both be copyrighted

- so long as similarities arose accidentally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what counts as artistic works?

[2]

A
  • photographs, maps, graphics, drawings

- MUST have some tangible item produced as a result of the work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what counts as sound recordings?

[1]

A
  • any recording of sound, regardless of how it is made
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what counts as film?

[1]

A
  • any recording of moving images, regardless of how it is made
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what counts as broadcast?

[2]

A
  • any transmission of images/sounds/info to public

- NOT internet transmission UNLESS part of concurrent live event or another transmission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what niche activity is specifically prohibited in the CDPA 1988?
[1]

A
  • ‘screen grabs’
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

DEF: typographical arrangements

[2]

A
  • way a page is laid out

- protects against unlawful photocopying

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

why is copyrighting ideas very limited

[3]

A
  • ONLY if they are in a tangible form
  • NOT ideas in non-permanent form
  • NOT words spoken but not written down
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

where should journos be most careful about idea copyright?

[1]

A
  • pitching to editors (although this can be covered under confidentiality)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

is news/information covered by copyright? why/why not?

[2]

A
  • NO, just the way the story is written
  • BUT can’t just lift wholesale (e.g. use substantial bits of original writer’s words or quotes without mentioning them)
  • public interest in news being spread as widely as possible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

when (and when aren’t) speeches and interviews copyrighted?

[3]

A
  • if speech written down, speaker owns copyright
  • if speech recorded, recorder owns copyright of recorded words
  • if speaking off the cuff, copyright only occurs once accurately written or recorded (words belong to speaker, tapes/notes belong to reporter)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

DEF: copyright covering documents published on behalf of Government
[2]

A
  • Crown copyright

- licence usually issued to allow small amount of document to be published

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

in which official information does copyright law rarely apply?
[3]

A
  • documents designed to be available to public scrutiny (usually)
  • words in Parliament
  • reporting words spoken in court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

when does copyright kick in?

[1]

A
  • as soon as the work is created
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

who has ownership of copyright?

[2]

A
  • usually the creator

- UNLESS created as part of employment, then employer usually owns it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

transferring copyright

[3]

A
  • sometimes publications buy copyright with the article (known as buying ‘all rights’)
  • can use in any way they please, without further payment or permission
  • freelancer can refuse this and give permission for publication once
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

readers’ letters

[2]

A
  • if they haven’t stated otherwise, readers give permission to publish their letter
  • the reader still owns copyright
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

who owns copyright of photograph

[2]

A
  • after CDPA: photographer (this includes wedding/school/family photos)
  • before CDPA: whoever commissioned it (so a wedding photo would probably be owned by the couple)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what other area of law is covered by photos

[1]

A
  • privacy (if photo commissioned for ‘private and domestic purposes’)
25
Q

ways of transferring copyright

[2]

A
  • assignment

- licence

26
Q

what is an assignment?

[3]

A
  • essentially selling your copyright, so the work is owned by someone else
  • has to be written and legally binding
  • regular freelances often sign form, others do it on article-by-article basis
27
Q

what is a licence?

[2]

A
  • permission to use a work in a particular way / for a particular length of time
  • licence granting exclusive use of material must be written and legally binding
28
Q

things to remember when commissioning work

[3]

A
  • permission for magazine does not cover your website
  • photographs cannot be used again without permission
  • sending a commissioning form needs to be done at time of commission for it to have legal effect
29
Q

what is the most important infringement of copyright for journalists?
[1]

A
  • copying (reproducing ‘substantial part’ of another’s work)
30
Q

how is ‘substantial part’ defined when accused of copying

[2]

A
  • NO set definition

- quality (i.e. importance to original work) is considered as much as quantity

31
Q

parodies and copyright

[2]

A
  • can be breach of copyright if too similar to original

- courts more lenient with political/topical comment than parody for commercial purposes

32
Q

DEF: condition given with licence restricting use of work before certain date
[1]

A
  • embargo
33
Q

limits to length of copyright (brought in by CDPA 1988)

[4]

A
  • literary/dramatic/musical/artistic works: 70 years from creator’s death
  • if creator unknown: 70 years from publication
  • sound recordings: 50 years since they were made
  • film: 70 years from death of last to die out of director, writers, composer of original score
34
Q

defences against breach of copyright most useful to media

[5]

A
  • fair dealing / news and review
  • incidental inclusion
  • public interest
  • reproduction of speeches and interviews
  • acquiescence
35
Q

when can you use fair dealing (news and review) defence

[4]

A
  • material used for purpose of current affairs or criticism/review
  • copyright holder receives ‘sufficient acknowledgement’
  • amount used is fair
  • material already public
36
Q

what material can be used in fair dealing (news and review)?

[4]

A
  • written / spoken words
  • film clips
  • ‘artistic works’
  • government / local authority reports available to public
37
Q

what is NOT covered in fair dealing of current affairs?

[2]

A
  • photographs

- this includes any family snaps another publication may have gotten hold of

38
Q

what material can be used in fair dealing for criticism and review?
[2]

A
  • obviously the work itself

- other copyrighted material to show themes of work being reviewed

39
Q

CASES with fair dealing defences

[2]

A
  • Pro Sieben Media AG v Carlton UK Television Ltd (1999)

- Fraser-Woodward v BBC (2005)

40
Q

Pro Sieben Media AG v Carlton UK Television Ltd (1999)

[3]

A
  • Pro Sieben had rights to TV interview with Mandy Allwood, British mother of octuplets
  • Carlton used interview in own show about chequebook journalism
  • judge ruled this was OK because Allwood had been paid by newspapers for her story
  • Pro Sieben logo in corner was controversial defence
  • only 30 secs of 9-minute interview
41
Q

Fraser-Wooddward v BBC (2005)

[2]

A
  • photograph agency sued BBC for using their images in report on tabloid press
  • judge ruled it was a criticism of work of tabloids, so worked under fair dealings defence
42
Q

what counts as a ‘current event’?

[2]

A
  • NOT just events at or near time of reporting
  • Diana and Dodi relationship years after death (still news…)
  • dodgy meetings, etc, only just coming to light
43
Q

rules about ‘sufficient acknowledgement’

[4]

A
  • often doesn’t count for sound/film where not practicable
  • MUST name the source (e.g. not “the author of a book on the subject…”)
  • if anonymous or unpublished, no need to acknowledge if reasonable enquiry made
  • no need to thank source, just to name
44
Q

what is ‘fairness’ in fair dealing defences? what do courts look at?

A
  • about quantity of material used (NOT what’s written about it)
  • cannot be ‘illegitimate exploitation’
  • courts look at whether that amount of material had to be used
  • whether it impact commercially on copyright owner
45
Q

BBC v British Satellite Broadcasting Ltd (1992)

[3]

A
  • BSB paid lots of money for World Cup 1990 matches, which BBC then showed in news reports
  • judge ruled sports reporting was current affairs
  • resulted in industry-wide agreements about using each other’s sports footage
46
Q

what if material was acquired in unauthorised way?

[1]

A
  • fine as long is it wasn’t illegal (i.e. theft)
47
Q

public availability in ‘fair dealing’

[3]

A
  • MUST have already been available to public for defence to work
  • can count as a number of people having seen it
  • does not count if it was made available to public via ‘unauthorised act’
48
Q

what do broadcasters do that can make fair dealing NOT count?
[1]

A
  • draw up agreements allowing/prohibiting use of each others’ materials
49
Q

what is ‘incidental use’ in copyright law?

[1]

A
  • small amount of copyrighted material it would have been hard to avoid
50
Q

what rules apply to media using spoken words they’ve recorded (though speaker owns copyright)?
[5]

A
  • must be direct recording of words, not of another recording
  • speaker hasn’t said a recording should not be made
  • words themselves do not breach existing copyright
  • speaker has not prohibited use of words before they were recorded
  • person who made recording has given consent
51
Q

where has public interest in copyright come from?

[2]

A
  • NOT the CDPA itself

- courts recognised it over the years (e.g. review of potentially misleading drink driving device)

52
Q

what is acquiescence in copyright law?

[1]

A
  • owner of copyright knows work is being used and doesn’t make complaint at the time
53
Q

what happens in innocent infringement defences in copyright law?
[2]

A
  • defendant didn’t realise material was under copyright (e.g. wrongly believed material had gone out of copyright)
  • copyright owner can claim account of profits, but NOT damages
54
Q

remedies for copyright infringement

[4]

A
  • interim injunction (prevent publication going ahead)
  • permanent injunction (prevent further publication)
  • damages
  • account of profits
55
Q

types of damages that can be awarded

[2]

A
  • ‘infringement damages’ amounting to copyright fee that would have been paid
  • ‘flagrant damages’ higher to note court’s disapproval
56
Q

DEF: rules about right to be credited for work

[4]

A
  • right of paternity
  • NOT automatic like copyright
  • covers authors but NOT journos (why there’s no automatic right to byline)
  • if fair dealing defence, author doesn’t have to be credited (unless they own copyright)
57
Q

DEF: rules about right to influence how work is used/altered

[3]

A
  • right of integrity
  • NO ‘unjustified modification’, has to be ‘reasonable’ and not affect author’s reputation
  • NOT applied to newspapers/magazines (e.g. photos for news)
58
Q

DEF: writing words in such a way that gives misleading idea of who wrote them
[2]

A
  • false attribution of authorship

- doesn’t matter if it affects reputation or not (unlike defamation)

59
Q

rules about use of private photos

[1]

A
  • commissioner of private photos has right for them not to be distributed (even if photographer owns copyright)

Media Law (22 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions