SECTION 26 OF THE COPYRIGHT ACT CAP 130

Question 1

What are economic rights?

Answer 1

The quantum of rights that a copyright owner has with the exception to moral rights which are held by the author.

Question 2

Why do Civil and Continental law have moral rights?

Answer 2

Moral rights are the underpinning factor of the natural rights theory.

Question 3

Section 26 is akin to?

Answer 3

The bundle of rights.

Question 4

What is ownership in copyright?

Answer 4

The exclusive right to have control over the range of activities of a creation.

Question 5

What is adaptation?

Answer 5

Transition from one subject matter to another.

Question 6

What is ease in manipulation of literary work?

Answer 6

Easily changing literary work without making it unrecognizable.

Question 7

Does Shakespeare have the copyrights to his work?

Answer 7

No because of the time limit in section 23.

Question 8

What is the test of infringement?

Answer 8

Substantially changing the work.

Question 9

Explain section 26 in relation to the bundle of rights.

Answer 9

The rights are divisible and it does not affect the ownership of the property.

Question 10

Why is an act of reproduction prima facie an infringement?

Answer 10

Because it substantially changes the work.

Question 11

In the second control right, you need the permission of?

Answer 11

a. Adaptation in relation to moral rights meaning you do not place the name of the author in ill-repute.
b. Maintain the author’s name in the adaptation.

Question 12

Is opening a website an act of reproduction?

Answer 12

It is reproduction but it is technical infringement and not legal infringement because it does not interfere with the economic rights of the owner as it is not inconsistent with the economic rights of the owner.
However, this varies because it is based on the judgement call.

Question 13

Can copyrights be assigned to another?

Answer 13

Under section 26, the rights are in a bundle of rights hence yes some copyrights can be assigned to another. An example is in the agreement between Puff Daddy (I’ll be Missing You) and The Police (Every Breath You Take).

Question 14

What is the spectrum of similarity?

Answer 14

Reproduction, derivation then inspiration.

Question 15

Give examples of reproduction, derivation and inspiration.

Answer 15

Reproduction - Sway by Michael Bubble
Derivation - Forever Young by Jay Z
Inspiration - SMA by Nasty C