Week 3 - Copyright Flashcards
Define copyright
‘The exclusive right given by law for a certain term of years to an author, composer, designer, etc. (or his assignee), to print, publish, and sell copies of his original work’
Oxford English Dictionary Online, 2020
Property right permitting the owner to:
• copy the work;
• issue, lend or communicate copies of the work to public;
• perform or adapt the work;
This right is exclusive and assignable.
Copyright infringement is a criminal offence.
List the intellectual property family
Patents Design Right Database Right Trademarks Copyright
What does copyright cover?
Until 70 years after death of creator: Literary Musical Artistic Dramatic Film
SOund - until 70 yrs after release
Broadcast - until 50 yrs after being made
Typography - until 25 yrs after publication
Does copyright protect ideas?
No, but copyright can be placed on a particular interpretation of an idea
What are the exceptions of copyright as a Student?
Legal exceptions permit you to reuse other people’s material incertain circumstances.
University purchases licences which enable content to be legally used for educational purposes. E.g. CLA licence, BoB.
What are the exceptions to copyright in the workplace?
- Legal exceptions will not apply for commercial use of material.
- Unlikely employer will have range and scope of licences provided by the University.
- Need to seek permission from right’s holder or individually licence material to avoid copyright infringement.
Do you need to register your work for copyright protection?
No, but if your work leaves the UK use the copyright symbol. Other types of IP do need to be registered
Copyright and the internet regarding photos
Ask a person’s permission to repost a photo on social media etc or you are infringing copyright
Is software covered by copyright?
Yes, it is a literary work.
What are legal software copyright exceptions?
Back up copying
De compilation - for the purpose of writing another program interoperable with the one copied
Correcting errors
Observing, studying or testing programs
What is software infringement?
Where a copy of the whole of a piece of software is made and sold or used as a substitute for the original.
Examples of software infringement conclusions
Navitaire Inc v Easyjet Airline Co. & BulletProof
Tech. England
• Writing original source code that results in a similar or identical function to another program does not result in infringement of that program.
Nova Productions Limited vs. Mazooma Games
Limited, England
• A program did not infringe on another where it produces similar results but has different underlying source code.
Define Database RIght
Protected in law by CDPA
“a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means”
Who owns database right?
How long for?
When is it infringed?
Owned by creator, unless employed.
15 years after last substantial investment.
Infringed when a substantial amount of the contents are extracted/reused or lots of insubstantial amounts are extracted/reused
What is the text and data mining exception?
“The use of automated analytical techniques to analyse text and data for patterns, trends and other useful information” (IPO 2020)
This allows you to make copies for the purpose of computational analysis & research.
Only non-commercial use is permitted.
Content providers may apply measures to maintain network security or stability. E.g. suspend access