Copyright - Statute Sections

Question 1

CDPA s(1)(1)

Answer 1

Copyright is a property right which subsists in accordance with this Part in the following descriptions of work

(a) original literary, dramatic, musical and artistic works
(b) sound recordings, films or broadcasts, and
(c) the typographical arrangement of published editions.

Question 2

CDPA s3

Answer 2

(1) “literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes:

• a table and compilation other than a database
• a computer program
• preparatory design material for a computer program
• a database

“dramatic work” includes a work of dance or mime

“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music

(2) Copyright does not subsist literary, dramatic and musical works until recorded.

Question 3

CDPA s4

Answer 3

(1) In this Part “artistic work” means—
(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b) a work of architecture being a building or a model for a building, or
(c) a work of artistic craftsmanship.
(2) In this Part—

“building” includes any fixed structure, and a part of a building or fixed structure;

“graphic work” includes—

(a) any painting, drawing, diagram, map, chart or plan, and
(b) any engraving, etching, lithograph, woodcut or similar work;

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

“sculpture” includes a cast or model made for purposes of sculpture.

Question 4

CDPA s9

Answer 4

• “Author” means the person who creates it
• This is:
  
  • producer of sound recording
  • producer and principal director of a film
  • the publish of a published edition
• Computer-generated works - person who made arrangements
  *

Question 5

CDPA s10

Answer 5

• Work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

Question 6

CDPA s10A

Answer 6

Co-authorship - a work produced by a collaboration between the author of a musical work and the author of a literary work where the two works are created in order to be used together.

Question 7

CDPA s11

Answer 7

(1) Author of a work is the first owner of copyright in it
(2) Where a literary, dramatic, musical or artistic work or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

Question 8

CDPA s12

Answer 8

Duration of copyright in LDMA

(2) Copyight expires at the end of the period of 70 years from the calendar year in which the author dies
(3) Unknown authorship - 70 years from end of calendar year it was made, or if made available to the public, 70 years from the end of the calendar year that it was first made available
(8) joint authors, ‘death’ refers to last known author to die

Question 9

CDPA s13A

Answer 9

Duration for Sound Recordings

(2) Copyright expires
(a) 50 years from making of recording
(b) if published, 70 years from the end of the calendar year in which it is published
(c) if not published but recording played in public/communicated to public then 70 years from that

Question 10

Duration of copyright in films

Answer 10

(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—
(a) the principal director,
(b) the author of the screenplay,
(c) the author of the dialogue, or
(d) the composer of music specially created for and used in the film;

subject as follows.

Question 11

CDPA s16(1)

Answer 11

(1) The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—
(a) to copy the work (see section 17);
(b) to issue copies of the work to the public (see section 18);
(ba) to rent or lend the work to the public (see section 18A);
(c) to perform, show or play the work in public (see section 19);
(d) to communicate the work to the public (see section 20);
(e) to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);

and those acts are referred to in this Part as the “acts restricted by the copyright”.

Question 12

CDPA 21

Answer 12

(1) The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work. (Not artistic)

​(3)

• Adaptation in relation to literary work other than computer program, includes translation, conversion of dramatic work to a non-dramatic work or vice versa, conveying this as a comic/by pictures
• For computer programs and databases, translation/alteration of work
• For musical works, arrangement or transcription of it

Question 13

CDPA s28A (equivalent to Art. 5(1) of InfoSoc directive)

Answer 13

Copyright is not infringed by making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose is to enable:

• a transmission of the work in a network between third parties by an intermediary; or
• a lawful use of the work

and which has no independent economic significance.

Question 14

CDPA s30(1)

Answer 14

Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement(unless this would be impossible for reasons of practicality or otherwise)] and provided that the work has been made available to the public.

Question 15

CDPA s30(1ZA)

Answer 15

Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—

(a) the work has been made available to the public,
(b) the use of the quotation is fair dealing with the work,
(c) the extent of the quotation is no more than is required by the specific purpose for which it is used, and
(d) the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

Question 16

CDPA 30(2)

Answer 16

Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

Question 17

CDPA s30(4)

Answer 17

To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.

Question 18

CDPA s30A

Answer 18

(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.
(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

Question 19

CDPA S31

Answer 19

(1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast.

Question 20

CDPA S50A

Answer 20

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.
(2) For the purposes of this section and sections 50B , 50BA and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.
(3) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void)

Question 21

CDPA s50B

Answer 21

Decompilation Exception

(2) The conditions are that—
(a) it is necessary to decompile the program to obtain the information necessary to create an independent program which can be operated with the program decompiled or with another program (“the permitted objective”); and
(b) the information so obtained is not used for any purpose other than the permitted objective.
(4) Contractual terms forbidding acts under this section are void.

Question 22

CDPA s50BA

Answer 22

Observing, studying and testing of computer programs

(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.
(2) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void)

(Relevant to SAS v World Programming Limited)

Question 23

CDPA s51

Answer 23

(1) It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.
(2) Nor is it an infringement of the copyright to issue to the public, or include in a film [F1or communicate to the public], anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.
(3) In this section—

“design” means the design of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and

“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

Question 24

CDPA s77

Answer 24

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 78.
(2) The author of a literary work or a dramatic work has the right to be identified whenever
(a) the work is published commercially, performed in public or communicated to the public; or
(b) copies of a film or sound recording including the work are issued to the public;

and that right extends to adaptations of their work

(3) Similar for musical work/lyrics
(4) Authors of artistic works have right when published commercially, exhibited, or a visual image of it is communication to the public, when films including it are shown in public or copies of such a film are issued to the public, and when photographs of buildings/sculptures/works of artistic craftsmanship are issued.

Question 25

CDPA s78

Answer 25

(1) The right is not infringed unless it is asserted
(2) The right may be asserted generally or in relation to specific acts:
(a) on an assignment of copyright by including an instrument effecting that the author/director his right to be identified
(b) by an instrument in writing signed by theauthor/director.

Question 26

CDPA s79

Answer 26

(2) No right to be asserted in relation to computer programs, the design of a typeface and any computer-generated work.
(3) The right does not apply to anything where the copyright originally vested in employer.
(5) Does not apply for works made with purpose of reporting current events
(6) Does not apply to newspapers/magazine/encylopaedia/dictionary/yearbooks

Question 27

CDPA s80

Answer 27

(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.
(2) For the purposes of this section—
(a) “treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than—
(i) a translation of a literary or dramatic work, or
(ii) an arrangement or transcription of a musical work involving no more than a change of key or register; and
(b) the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;

and in the following provisions of this section references to a derogatory treatment of a work shall be construed according

Question 28

CDPA s81

Answer 28

Exceptions in relation to computer programs, current events reporting, newspaper, magazines, encylopaedia’s etc.

Question 29

CDPA s84

Answer 29

(1) Right to not have work falsely attributed to him as an author

Question 30

CDPA s86

Answer 30

(1) Moral rights subsist for as long as copyright
(2) False attribution rights subsist until 20 years after a person’s death

Question 31

CDPA s88

Answer 31

(1) Not an infringement, if person entitled to right has consented.
(2) Any rights may be waived by instrument in writing signed by the person giving up the right.
(3) (b) A waiver may be conditional or uncondition and may be expressed to be subject to revocation, presumed to extend to licensees and successors in title unless contrary intention is expressed.

Question 32

CDPA s90

Answer 32

(2) Assisgnment of copyright may be partial: (a) limited rights (b) limited period.
(3) Assignment not effective unless it is in writing sign by or on behalf of the assignor.

Question 33

CDPA 96(2)

Answer 33

In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.

Question 34

CDPA S97

Answer 34

(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
(2) Court may award additional damages based on (a) the flagrancy of the infringement, and (b) any benefit accruing to the defendant by reason of the infringement.

Question 35

CDPA s107

Answer 35

Criminal liability

(1) A person commits an offence who, without the licence of the copyright owner—
(a) makes for sale or hire, or
(b) imports into the United Kingdom otherwise than for his private and domestic use, or
(c) possesses in the course of a business with a view to committing any act infringing the copyright, or
(d) in the course of a business —
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.

(2) A person commits an offence who—
(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or
(b) has such an article in his possession,

knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.

Question 36

CDPA 171(3)

Answer 36

Nothing in this Part affects any rule of law preventing or restricting the enforcement of copyright, on grounds of public interest or otherwise.

Question 37

InfoSoc Directive Art. 5(1)

Answer 37

Temporary acts of reproduction referred to in Article 2, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable:

(a) a transmission in a network between third parties by an intermediary, or
(b) a lawful use

of a work or other subject-matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 2.

Question 38

InfoSoc Directive Art. 5(3)(k)

Answer 38

Member states may provide exceptions for …

(k) use for the purpose of caricature, parody or pastiche;

Question 39

InfoSoc Directive Art. 5(3)(d)

Answer 39

(d) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author’s name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;

Question 40

InfoSoc Directive Art. 6

Answer 40

1. Member States shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.

…

4. Notwithstanding the legal protection provided for in paragraph 1, in the absence of voluntary measures taken by rightholders, including agreements between rightholders and other parties concerned, Member States shall take appropriate measures to ensure that rightholders make available to the beneficiary of an exception or limitation provided for in national law in accordance with Article 5(2)(a), (2)(c), (2)(d), (2)(e), (3)(a), (3)(b) or (3)(e) the means of benefiting from that exception or limitation, to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject-matter concerned.

Question 41

Directives referring to originality standard adopted in Infopaq

Answer 41

• Photographs -* Copyright Term Directive - Art. 6
• Computer Programs* - Computer Program Directive Art. 1
• Databases* - Databse Directive Art. 3