Flashcards
Copyright - Authorship
Cards in this deck (13)
- 1Authorship - LegislationCDPA s. 9(1)
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. - 2Who is the author of a compilation?The person who gathers or organises the material contained with the compilation.
- 3How to determine the authorship?The author is the person who puts in the right sort of effort, skill and labour into the creation or expression of the work. There must be that essential creative input, a 'direct responsibility for what actually appears on the paper'. An amanuensis or secretary taking dictation, although responsible for fixation, is not the author of the work.
- 4Joint Authorship - LegislationCDPA s. 10(1)
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. - 5Fisher v Brooker(Joint Authorship)
Concerning: A claim to join authorship
Joint authorship may result from reworking an existing work by a person if his input can be regarded as an original contribution to the work. Mr Fisher was entitled to 40% share in the copyright but could not claim back-royalties because his silence prior to making his claim gave rise to gratuitous licence.無償許可 - 6What is the requirement to be a joint author?Made significant contribution in terms of the right sort of creative skill and judgement. Merely editing, contributing suggestions, ideas and information will not give rise to a finding of joint authorship.
- 7What is the case concerning the type of contribution needed to become a joint author?Robin Ray v Classic FM
- 8Robin Ray v Classic FM(Joint Authorship)
- Concerning: the type of contribution needed to become a joint author
- To be a joint author there must be a significant creative contribution which was incorporated into the finished work, 'Although penmanship did not have to be exercised, a joint author had to have direct responsibility for what ended up on the paper which was the equivalent to penmanship'.
This case is also important in setting out guidelines to be applied to determine whether a beneficial assignment or implied licence is appropriate. - 9How long does copyright last for joint authors?If original work, it last for the life time + 70 years. (Although a joint author can leave their share on death.)
- 10The requirement of licensing a joint author artwork.The consent of al co-author must be obtained.
- 11Difference between joint authorship and co-authorship.A work of joint authorship is where the contribution of each author cannot be separated whereas the contribution of each author in a word of co-authorship is distinct, discrete and separately distinguishable.
- 12In what situation will the copyright absolutely belong to the employer?If the skill, effort and judgement expended by the employee in creating the work are part of the employee's normal duty.
- 13What is (droit de suite) artists's resale right?It gives authors of works of art and manuscripts a royalty when the work is resold.
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- MSc Copyright Flashcards on Copyright - Authorship , created by Jasmine Law on 23/04/2015.
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