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Copyright
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- 1What does copyright protect?Anything creative (except inventions, logos, and designs), such as music, website texts, films, without having to get permission from the UK IPO.
- 2Why is Copyright known as a hybrid right?Copyright borrows from unregistered rights as you do not have to inform the UK IPO to have it. However, unlike other unregistered rights like passing off, copyright is heavily governed by statute.
- 3University of London Press Ltd v University Tutorial Press Ltd [1916]"what is worth copying is prima facie worth protecting"
Shows the Judges support for the right for people to protect the persons skill effort and judgement. - 4To what extent has copyright been extended beyond copying?Breach of copyright includes:
1. making an adaptation of the work
2. performing or showing the work
3. broadcasting the work
4. dealing with infringing copies of the work. - 5What is the primary source of legislation for copyright located?Copyright, Designs and Patents Act 1988
amended by
Copyright and Related Regulations 2003 (did not take anything away, just added). - 6Why do we have copyright protections?Protects those who want to protect their creativity, giving the author the natural right to the fruits of their labour.
The economic incentive for authors to create.
Authors are encouraged to release their work to the public, knowing their work cannot be protected.
Protection anyone can have, despite the lack of money, as it is an unregistered right. - 7What, three types of works are identified by the Copyright, Design and Patents Act 1988, which can be protected?1. Original literary, dramatic, musical or artistic works – primary works
2. Sound recordings, films or broadcasts*
3. Typographical arrangements of published editions*
*= secondary works - 8What are the two types of rights is copyright protecting?1. Economic rights
Allowing people to make their money back.
2. Personal Rights
Protecting their own personal work from being copied
People who first created the work - 9When does copyright come into existence?Hollinrake v Truswell [1894]
Generally speaking, copyright subsists in the expression of an idea and not in the idea itself.
Therefore copyright will come into existence once the idea is recorded in writing or otherwise: S.3(2) CDPA 1988.
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- (Copyright) Intellectual Property Fichas sobre Copyright, creado por James Dolton el 21/02/2018.
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- James Dolton
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