Copyright (Chapt 29, P442->460) Flashcards
(17 cards)
Copyright- What Material does Copyright protect? (Give 3 categories)
1- Original Literary, dramatic, musical or artistic Works (texts handwritten printed or online - poems to sketches)
2- Sound recordings, films or broadcasts ( Music files/CDs, movies TV&Radio output, Some Internet Transmission types)
3- The Typographical Arrangement of published editions (how text/pics are laid out in page design).
What is the Source of Most UK law on Copyright?
The Copyright, Designs & Patents Act 1988
What is a Civil Tort?
Unauthorised copying of all or ‘any substantial part’ of any work in the 3 categories Section 1 says Copyright subsists in.
Who owns copyright under the 1988 Act?
The ‘First Owner’ of copyright in an original literary, dramatic, musical or artistic work is the author as creator. Eg, the Journalist as an articles writer.
The photographer as the author of a photo.
Who do you need copyright permission from if there are multiple owners?
If authorship is joint, each author is a ‘First owner’ permission is needed from each to copy the work.
At the workplace, what can an employment contract specify for copyright?
The employment contract mentions The 1988 Act- saying that an employer owns the Copyright in an original literary, dramatic musical or artistic work including journalistic article or photo, created by an employee in the course of their employment.
Does the employee, Staff Journalist own the Copyright in an article or photo?
Only if the employer specifically agrees this in the contract of employment according to the 1988 Act, Section 11.
Who is the ‘First owner’ of copyright…
In a sound recording?
The producer (defined in the Act as the person/organisation who undertook necessary arrangements for the making of the work).
Who is the ‘First owner’ of copyright…
In a film made on, or after July 1st 1994?
Jointly the Producer & Principal Director. The producer owns the Copyright in films made earlier.
Who is the ‘First owner’ of copyright…
In a broadcast?
The person or organisation ‘making the broadcast’ - transmitting it, if responsible for the content, or providing that content and arranging transmission. Normally the Broadcast Company.
Who is the ‘First owner’ of copyright…
In the typographical arrangement of a published edition?
The publisher.
Who is the ‘First owner’ of copyright…
In computer generated work
In circumstances of No Human Author, it is the person or organisation undertaking the arrangement necessary for the works creation.
What Defence can be used for copyright?
The Fair Dealing Law (UK)
The Copyright holder ‘must receive sufficient aknowledgement’ & use a ‘fair amount’ not a substantial amount.
Also, the Public Interest 1988 Act does not specify a public interest defence, but the court sees it as enough to potentially overide copyright law.
Why is permission needed for Photos of TV images and photos shown on TV?
Because publishing a photo/screen grab of tv/films without permission infringes copyright under section 17 of the 1988 Act, and showing a photo on a TV programme without the Copyright owners permission is an infringement.
What are the two Different Acts which decide on the First Owners of commissioned work (commissioners copyright in older photos) ?
Section 4 Copyright Act 1956- governs who owns copyright created before 1st August 1989
Copyright owned by the comissioner
The copyright designs & patents 1988 Act
Copyright owned by the freelancer who created the work.
What is the defence of fair dealing & which Law does it apply to?
Copyright Law.
It provides the defence to alleged infringement of copyright.
( as Section 16 of the 1988 Act says it is an infringement or copyright to copy the whole or any ‘Substantial Part’ of a work.)
Fair dealing defence recognises what….?
Under section 30 of the 1988 act, recognise the public interest in news coverage & some other types of publication bring free of some copyright restraints.
