Copyright Flashcards
(16 cards)
What is the main law covering copyright in the UK?
The Copyright, Designs and Patents Act 1988.
What are the potential consequences of breaching copyright?
Injunctions and damages.
Is there copyright in facts or news?
No. Copyright exists in the way information is expressed – such as the writing, quotes, or footage.
Can quotes be used from another work under copyright?
Yes, but only sparingly and with proper attribution. Extensive lifting may be a breach.
What is ‘fair dealing’ under copyright law?
A defence allowing limited use of copyrighted material for reporting current events, as long as it is not excessive and is credited.
Is there a statutory definition of fair dealing?
No. It is assessed case-by-case based on fact, degree, and impression.
Who owns the copyright of a video?
The person who filmed it or their employer, if shot during employment.
Is there fair dealing for images?
No. There is no fair dealing defence for pictures. You need permission.
What risk is there in using pictures from social media?
You may breach copyright unless you have permission from the creator or copyright holder.
What is the commissioner’s moral right under the 1988 Act?
If a photo is commissioned for domestic use, the commissioner may also have a copyright claim.
What must journalists do before using a wedding or family photo?
Get permission from both the photographer and the person who commissioned it.
What was the key copyright issue in Duchess of Sussex v ANL?
ANL published extracts from a private letter. The court ruled the publication was ‘manifestly excessive and hence unlawful’.
Does copyright law apply to content shared on social media?
Yes. Legal rules are the same online as in print – you must not reuse content without permission.
How much video can be used under fair dealing?
Only a few seconds, and it must be for reporting purposes with proper credit.
What was the court’s finding in the Ed Sheeran copyright case?
The similarities with another song were found to be coincidental, not due to copying. He was awarded over £900,000 in costs.
What did the Peta v Wildlife Personalities Ltd case address?
Whether a monkey who took a selfie could hold copyright. The long legal battle determined animals can’t hold copyright.
