question 7

Question 1

What material does copyright protect?

Answer 1

1. original literary, dramatic, musical or artistic workse.g all kinds of text e.g. books/plays/scripts
2. sound recordings, films or broadcasts

Question 2

What is copyright?

Answer 2

Copyright is a property right controlling who can copy work created by artistic and other intellectual endeavour

Question 3

Who owns copyright under the 1988 act?

Answer 3

The first owner of copyright in literary/artistic work is the author as creator.

Question 4

Defence of fair dealing for the purpose of reporting current events 1/2

Answer 4

1. allows publication of work protected by copyright for the purpose of reporting current events, even if there is no consent from the owner.
2. But there must be fair dealing by those publishing it for this purpose and an accompanying sufficient acknowledgment of the work copied

Question 5

How long does copyright last ?

Answer 5

1. In literary work last the author’s life then 70 years from when they die
2. Music/graphics- 50 years from end of year it was made
3. sound recording- 70 years
4. broadcast-50 years

Question 6

Defence of fair dealing for the purpose of reporting current events 3/4

Answer 6

3. Fair dealing means fair practice e.g publishers should not take unfair commercial advantage of copyright owner by excessive publication of copied work
4. Sufficient acknowledgment means that a report must be:
5. cite the work’s title,
6. name its author/creator

Question 7

Defence of fair dealing for the purpose of reporting current events 5

Answer 7

Photographs are specifically excluded from the fair dealing defence of reporting current events because otherwise no news photographers could earn their living by selling their pictures

Question 8

Defence of fair dealing for the purpose of criticism or review

Answer 8

1. The work must already have been made available to the public with the copyright owner’s consent. The defence does not protect use of leaked or stolen material
2. There must also be fair dealing by those publishing it for criticism or review and an accompanying sufficient acknowledgement of the work

Question 9

What is case law?

Answer 9

the law as established by the outcome of former cases.

Question 10

Legal remedies for infringement of copyright-Civil law

Answer 10

1. An injunction

2. The court can order all infringing copies of the work to be handed to the copyright owner or destroyed

Question 11

What is fair dealing?

Answer 11

Max 40 words for print/online or:

1. short audio/video clip (with credit)
2. Short clips of tv footage have been deemed to have fair dealing defence

Question 12

What are the fair dealing defences?

Answer 12

1. defence of fair dealing for the purpose of reporting current events
2. defence of fair dealing for the purpose of criticism or review
3. defence of fair dealing for use of quotation
4. defence of fair dealing for the purpose of caricature, parody of pastiche