COPYRIGHT ACT CAP 130 Flashcards
What is the subject matter of the Copyright Act?
Provision in copyright in literary, musical and artistic works, audio-visual works, sound recordings and for connected purposes.
Define artiste as per the Copyright Act.
Singer, declaimer (poet, spoken word), musician or other person whose work constitutes a ring back tune.
Is music artistic work as per the Copyright Act?
It is musical work not artistic work.
What does Copyright seek to protect?
Original exclusive information.
What does trademark seek to protect?
Symbolic information
Why does IP create property rights to counterbalance the exclusive nature of monopoly?
Monopoly can create a net social loss that would be too great to recover from e.g., the cost of ARVs would result in the death of many who cannot afford it.
Does copyright protect the idea or the expression and originality or novelty?
The expression
Originality
How do you test expression?
Use the material test: an idea is not fixated.
How do you differentiate originality, novelty and authenticity?
Authenticity uses a comparative analysis.
Originality has nothing to compare itself to.
Who is an author?
The person responsible for the creation.
Does the author always get copyright?
No
Between the author and the owner, who is defined based on the rights based conception and the facts based conception?
An author is defined on the facts based conception while the owner is defined based on the rights based conception.
The interest of an assignment is the same as a ………………………… in property law.
The interest of a licence is the same as a ………………………… in property law.
Sale
Lease
How do you answer copyright questions?
Facts to rights.
a. Is it a copyright subject matter?
b. If it is, is it copyrightable?
When someone buys a creation, what is transferred?
The chattel
