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Copyright - Infringement
Fichas del conjunto (28)
- 1Copyright Right of the owner - LegislationCDPA s.16(1)
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. - 2Copyright Infringement - LegislationCDPA s.16 (2)
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. - 3What is the definition of authorisation?To 'authorise' means to grant or purport to grant to a third person the right to do the act complaint of.
- 4What is the key case of copyright infringement?CBS Songs Ltd. V Amstrad Consumer Electronics Plc.
Concerning: whether providing machines which could be used for copyright infringement was authorising infringement. - 5CBS Songs Ltd. V Amstrad Consumer Electronics Plc.(Infringement)
Concerning: whether providing machines which could be used for copyright infringement was authorising infringement.
Merely facilitating unauthorised copying was not authorisation if the machine could bused for legitimate purposes. - 6If a drawer was made according to a drawings, does that constitute to copyright infringement?Yes, unauthorised copies of the drawer indirectly infringe the copyright subsisting in the drawing. Not only copying the whole, but also copying a substantial amount of the work will amount infringement.
- 7What does Copying mean according to CDMA?CDMA s.16(3)
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. - 8What does substantial mean?There are no guidelines in the act about determining the meaning of substantial. Substantial must be decided by the quality of what has been taken instead of the quantity.
A small portion of a work, which is the most memorable or valuable part, can be substantial. - 9What is the process of determining infringement by taking a substantial part?1. Identify the parts taken
2. Isolate them from the remainder of the work.
3.Consider whether those part represent a substantial part of the claimant's work. - 10What type of work is excluded from substantial part of a work?Regular cumulative copying of trivial amounts of a series of work.
- 11CDPA s.17Copying, 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. - 12How to show infringement?The claimant has to show the defendant has copied either consciously or sub-consciously and show prior access to the copyright work.
- 13How to determine altered copying?The court has to decide whether the defendant's work incorporates a substantial part of the skilled and labour involved in the creation of the claimant's work.
- 14What is the case concerning altered copying?Designer Guild Ltd. v Russell Williams Textiles Ltd.
- 15Designer Guild Ltd. v Russell Williams Textiles Ltd.(Copyright Infringement)
Concerning: Alter copying
The test is whether infringer had incorporated a substantial amount of the independent skill and labour of the author. You must look at the claimant's work and the importance and the amount of the work taken from that, not the importance of it to the work of the defendant. The cumulative effect of those similarities ought to be considered, but ideas or commonplace things will not be included. - 16If issuing copies of the work to the public, what would should be concerned in terms of copyright?This concerns exhaustion of rights and the free movement of goods within the European Economic Area (EEA). It applies to all categories of works.
- 17Issuing copies of the work to public (Exhaustion) - legislationCDPA s. 18
Issuing copies of the work to the public includes putting them into circulation in the EEA when copies have not previously been put into circulation there by or with the consent of the copyright owner, or outside the EEA when copies have not been previously been put into circulation in the EEA or elsewhere.
Issuing to the public does not include subsequent distribution, sale, hiring, loan or copies previously put into circulation in the EEA or subsequent importation of such copies into the UK or another EEA state. - 18Why would issuing copies of the work to the public includes putting them into circulation in the EEA will exhaust the right?They lose control over any copies once they put them into circulation in the EEA. If they first issued the copy in France or another EEA country but not the UK, they cannot prevent someone importing a copy from France into the UK and selling. If the first issue the copy in the USA they can prevent its importation into the EEA. It should be noted that this right to issue applies to each and every copy of the work.
- 19Rental or lending of work to the public - LegislationCDPA s. 18A
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. - 20What right does it gives rise to when rental or lending of DVD and CDs are done after copies of work were issued to the public?It gives rise to the right to obtain royalty.
- 21What is the procedure when an author of an original work agrees to its inclusion in a film?It is assumed that the author has assigned their rental rights in relation to that film and instead acquires a right to an equitable remuneration.
- 22Performance, showing or playing of a work in public - LegislationCDPA s. 19(2)
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. - 23What can a person who in charge of the equipment used in playing music to member of the public do to avoid Copyright Infringement?A 'blanket' licence to allow such use maybe obtained from the Performing Right Society.
- 24What amount to public?- When the audience is not domestic nature.
- When payment is made.
- Guests in hotel bedroom is also considered to be part of the public and the transmission of signals to the television sets in the bedrooms fell within the restricted act. - 25Communication to the Public - LegislationCDPA s. 20
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. - 26Is posting a hypertext link to a work or placing it on a website an infringement?Yes if the work is downloaded by any member of the public in the UK.
It does not matter where the computer on which the website is hosted is physically located.
Communication to the public will also include the retransmission of a terrestrial TB broadcast via the internet. - 27Making an Adaptation - LegislationCDPA s.21(3)
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. - 28Please explain adaptation.Adaptation would include a substantial amount of a book that has been made into a play or translated, for example, from French to English. It covers an adaptation of an adaptation. If enough skill and judgement has been involved in the adaptation it may attract its own copyright, but would infringe the first work if done without the consent of its owner. Adaptation does not apply to an artistic work, so an artistic work can be infringed by copying but cannot be infringed by making an adaptation, per se.
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- MSc Copyright Fichas sobre Copyright - Infringement, creado por Jasmine Law el 24/04/2015.
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