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Media Law > Media Law 22: Copyright > Flashcards

Media Law 22: Copyright Flashcards

1
Q

main legislation for copyright law

[1]

A
  • Copyright, Designs and Patents Act 1988
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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
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3
Q

what counts as ‘original’

[2]

A
  • author’s own work

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

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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
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5
Q

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

[2]

A
  • anything without substance (e.g. catchphrases or slogans)
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6
Q

what if two works are very similar?

[2]

A
  • can still both be copyrighted

- so long as similarities arose accidentally

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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

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8
Q

what counts as sound recordings?

[1]

A
  • any recording of sound, regardless of how it is made
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9
Q

what counts as film?

[1]

A
  • any recording of moving images, regardless of how it is made
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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

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11
Q

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

A
  • ‘screen grabs’
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12
Q

DEF: typographical arrangements

[2]

A
  • way a page is laid out

- protects against unlawful photocopying

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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
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14
Q

where should journos be most careful about idea copyright?

[1]

A
  • pitching to editors (although this can be covered under confidentiality)
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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
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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)
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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

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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
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19
Q

when does copyright kick in?

[1]

A
  • as soon as the work is created
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20
Q

who has ownership of copyright?

[2]

A
  • usually the creator

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

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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
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22
Q

readers’ letters

[2]

A
  • if they haven’t stated otherwise, readers give permission to publish their letter
  • the reader still owns copyright
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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)
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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)

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