Rights Flashcards
s16(1) CDPA 1988:
The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—
(a) to copy the work (section 17);
(b) to issue copies of the work to the public (section 18);
(ba) to rent or lend the work to the public (section 18A);
(c) to perform, show or play the work in public (section 19);
(d) to communicate the work to the public (section 20);
(e) to make an adaptation of the work or do any of the above in relation to an adaptation (section 21);
Copying
CDPA s17(2): For literary, dramatic, musical, and artistic works this means ‘reproducing the work in any material form’ and this includes ‘storing the work in any medium by electronic means’
CDPA s17(3): In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and [vice versa].
Autospin v Beehive Spinning, Laddie J (obiter)- ‘In my view, just as it cannot be a reproduction of literary copyright in a recipe for a cake to make a cake to the recipe, so it is not a reproduction to follow such mathematical instructions’.
Abraham Moon: a ticket stamp not just a set of instructions which can be performed on a loom, but also as a record of an image and an artistic work in its own right.
CDPA s17(6): Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work. (mitigated by s28A)
Issuing to the public
CDPA s18(1): Restricted in every description of CR work
When has there been a distribution or issuing to the public?
> The point of disposition (when the work is first put into circulation)
ECJ has held that the distribution right is exhausted when the goods are placed on the market in the EU by or with the consent of the copyright owner, not requiring sale to public.
> The point of destination (i.e. when the work is sold to the consumer)
In two first instance decisions, English courts have implicitly accepted the ‘destination’ approach.
Performing, showing or playing the work in public
Live performances, playing a recording or broadcast of the work in public, not private
InfoSoc Directive not concerned with live performances but ECJ has held that playing a recording to an audience would be within the scope of the right.
Making an adaptation of the work
S21(3) CDPA: Adaptation defined narrowly:
> Literary works, other than a computer program or a database, or dramatic works: a translation / a version of a dramatic work in which it is converted into a non-dramatic work or vice versa / a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical
> Computer programs: an arrangement or altered version or a translation of it
Databases: an arrangement or altered version or a translation of it
Musical works: an arrangement or transcription of the work
s21(4) CDPA: a ‘translation’ of the program includes where a version of the program in one language or code is converted into another language or code.
Communication to the Public
CDPA s20(1): Applies to all categories except typographical arrangements.
CDPA s20(2)(b): ‘making available to the public of the work’ by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.
CDPA s20(2)(a): the broadcasting of the work (‘broadcasting’ an electronic transmission of visual images, sounds or other information transmitted for simultaneous reception, or is transmitted at a time determined solely by the person making the transmission: CDPA s6(1) (1A wrt internet broadcasting))
Moral Rights
Only available for literary, dramatic, musical and artistic works and film. They cannot be sold or otherwise transferred. However, the rights holder can choose to waive these rights.
The right to attribution s77-79
The right to object to derogatory treatment of a work s80-83
The right to object to false attribution s84
The right to privacy of certain photographs and films s85
s84 = until 20 years after death; all others as long as CR.
s103(1) CDPA: An infringement of a right conferred by Chapter IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.
