Karteikarten
Copyright - Legislation
Karten in diesem Stapel (30)
- 1CDPA s. 1What does Copyright Protect?
Copyright is a property right which subsists in original literary, dramatic, musical and artistic works as well as sound recordings, films, broadcasts and typographical arrangements of published editions. - 2CDPA s. 3(1)Literary works
A literary work is any work, other than a dramatic or musical work, which is written, spoken, or sung, and includes a table or compilation (other than a database), a computer program, preparatory design material for a computer program and a database. - 3CDPA s.3(1)Musical Works
'A musical work is one consisting of music, exclusive of any words or action intended to be sung, spoken or performed with music.' - 4CDPA s.3(1)Dramatic works
A "dramatic" work includes a work of dance or mime. - 5CDPA s.3(2) & (3)Tangibility - Legislation
Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded in writing or otherwise, that is any other way. It is immaterial whether the work is recorded by or with th epermission of the author. - 6CDPA s. 4 (1) & (2)Artistic work
An artistic work means a graphic work (painting, drawing, diagram, map, chart or plan), a photograph, sculpture (which includes a cast or model made for the purposes of sculpture), collage, all irrespective of artistic quality. It also includes a work of architecture ( a building, a fixed structure or a model for a building) or a work of artistic craftsmanship. - 7CDPA s. 5A (1)(a)Sound recording
'Sound recordings must be a recording of sounds from which sounds maybe reproduced.' - 8CDPA s. 5BFilm
'Film means 'a recording on any medium from which a moving image maybe produced'. The soundtrack accompanying a film is part of the film.' - 9CDPA s.6Broadcast
'Broadcast means an electronic transmission of visual images, sound or other information which is transmitted either for simultaneous reception by member of the public and capable of being lawfully received by them. or transmitted at a time determined solely by the person making the transmission for presentation to members of the public. - 10CDPA s. 9(1)Authorship
The author is the person who created the work. For a sound recording the author is taken to be the producer and principal director, for a broadcast it is the person making it, for a typographical arrangement it is the publisher. For a computer-generated literary, dramatic, musical or artistic work it is the person who made the arrangements necessary for its creation. A work will be held to be of unknown authorship if it is not possible to identify the author (or any of them in the case of a work of joint authorship) after making reasonable enquiries. - 11CDPA s. 10(1)Joint Authorship - Legislation
A work is of joint authorship, if produced by the collaboration of two or more authors and the contribution of each is not distinct from that of the others. - 12CDPA s. 11(1) & (2)Ownership
The authors of a work is the first owner of any copyright in it However, if made by an employee in the course of the employment, the employer is the first owner of any copyright subject to any agreement to the contrary. Note other rules apply in relation to Crown Copyright, Parliamentary Copyright and copyright of certain international organisations, such as the UN. - 13CDPA s.16(1)Copyright Right of the owner
The owner of the copyright in a work has the exclusive right to copy, issue copies of the work, rent, lend, perform, show, play or communicate the work or do any of the above acts in relation to an adaptation. - 14CDPA s.16 (2)Copyright Act Restriction
Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by copyright in relation to the whole or a substantial part of the work. - 15CDMA s.16(3)Copyright Act restriction - whole and substantial part
Copying must be in relation to the whole or any substantial part of the work and can be direct or indirect.
It is immaterial whether any intervening acts themselves infringe. - 16CDPA s.17Copyright - Infringement by copying
Copying, in relation to a literary, dramatic, musical, or artistic work, means reproducing the work in any material form including storing the work in any medium by electronic means. Copying an artistic work includes making the copy of a two-dimensional work in three dimensions an advice versa, or making a photograph of the whole or any substantial part of a film or broadcast.
Copying of al types of work includes the making o copies which are transient or incidental to some other use of the work. - 17CDPA s.18Infringement - by issue of copies to the public
The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.
It includes putting the work into or outside the circulation in the EEA copies which haven't been previously put into circulation the EEA by or with the consent of the copyright owner.
It also includes subsequent distribution , sales, hiring or loan of those copies previously put into circulation, or any subsequent importation of such copies into the UK or another EEA state. - 18CDPA s. 18ACopyright Infringement - Rental or lending of work to the public
Rental is making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage.
Lending is making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public. - 19CDPA s. 19(2)Copyright Infringement - Performance, showing or playing of a work in public
A performance includes the delivery of lectures, addresses, speeches and sermons and includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film or broadcast.
The playing or showing of the work in public is an act restricted by the copyright in sound recording, a film or broadcast. - 20CDPA s. 20Copyright Infringement - Communication to the Public
Communication to the public applies to original works, sound recordings, films and broadcasts and means communication to the public by electronic transmission including the broadcasting of the work or making available to the public by electronic transmission in such a way that the public can access it from a place and at a time individually chosen by them. - 21CDPA s.21(3)Copyright Infringement - Making an Adaptation
Adaptation適應 in relation to a literary or dramatic work means translation, conversion of a dramatic work into a non-dramatic work or vice versa, or a version of a work in which the story or action is conveyed wholly or mainly by means of picture into a form suitable to be reproduced in a book or periodical期刊. In relation to a musical work it is an arrangement or transcription of the work. For a computer program or database, adaptation means an arrangement or altered version of it or a translation of it. - 22CDPA s.29Research must be for non-commercial purposes.
-There is a requirement that sufficient acknowledgement be made, the name of the author and title of the work.
- The research must be to facilitate the person's own research, not another's.
- The exception is to be extended to cover the copying of sound recordings, films and broadcasts. - 23CDPA s.30 - CriticismCriticism
The criticism or review does not need to be the only purpose for using the work, provided it was a significant purpose. The criticism does not have to be of the work itself but can be directed at another work. S.30 exclude criticism and review from copyright infringement as long as the use is justified, fair an the source acknowledged. - 24CDPA s.30 - current eventsEvent involved in a "current events" does not have to be recent but must comment on other events which are of current interest.
So an old video of princess Diana could be used to comment upon a current event such as the inquest into her death. It does not apply to photographs. No acknowledgement is needed in the case of reporting current events by means of a sound recording, film or broadcast where this would be impossible for reasons for practicability or otherwise. - 25CDPA s. 77-79Right to be identified as the author or director of a work
The author of an original work or the director of a film has the righto be identified as the author or director of the work. The right arises when the work or an adaptation of the work is published commercial, performed in public, or copies of a film sound recording or graphic work representing a work of a architecture are issued to or communicated to the public.
The right must be asserted either at the time of the assignment or licensing of the copyright or in writing signed by the author.
There are exceptions to the right which include computer programs, computer generated works, works created during the course of employment where the act in question was done with the authorisation of the copyright owner, in respect of the fair dealing exceptions or where it would be impractical to include the author's name with the publication. - 26CDPA s.80-83Right to object to derogatory treatment of the work (Integrity right)
The author of an original work and a director of a film have the right not to have their work subjected to derogatory treatment. Treatment means the addition to, deletion from, alteration to or adaptation of the work but does not include translation, arrangement or transcription which is merely a change of key or register of a musical work.
Treatment is derogatory if it amounts to distortion or mutilation of the work or is prejudicial to the honour of reputation of the author or director.
The right only applies if the derogatory treatment of the original work is published commercially or is issued to the public.
There are exceptions for computer-related works and works created for the purpose of reporting current events, where it would be impractical to apply the right.
The right only applies if the author has been identified and if no disclaimer has been included. - 27CDPA s.84False attribution of a work
The author of an original work and directors of a film have the right not to have a work either expressly or implied falsely attributed to them. The right applies if the falsely attributed work is issued to the public by a person who knows or has reason to believe that the attribution is false.
The right also applies if in the course of a business a person knowingly possesses or deals with the work or a copy of the work which contains the false attribution. - 28CDPA s.85Photographs/Films privacy
A person who commissions the taking of a photograph or the making of a film for private and domestic purpose has the right not to have copies of the work issued, exhibited, shown or communicated to the public. - 29CDPA s. 97ASpecial form of injunction to be imposed on service provider
It provides for a special form of injunction to be imposed on service providers where they have actual knowledge that a person is using their service to infringe copyright. In determining whether a service provider has actual knowledge, account to be taken of all matters relevant in the particular circumstance including whether the service provider has received an appropriate notice. - 30CDPA s. 154 & 155Qualificaiton - Legislation
'A work will qualify for Copyright protection either if the author is a British citizen, domiciled or resident in the UK or a body incorporated under the law of the UK or a qualifying country or if the work was first published or published simultaneously in a qualifying country.'
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- MSc Copyright Karteikarten am Copyright - Legislation, erstellt von Jasmine Law am 25/04/2015.
- Erstellt von
- Jasmine Law · Apr 2015
- Aktualisiert
- 19 Feb 2016
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