Flashcards
Copyright - Ownership
Cards in this deck (9)
- 1Ownership - LegislationCDPA s. 11(1) & (2)
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. - 2Clarify the authorship between employer and employee in terms of the course of their employment.The job description, which includes the general normal duty and the purpose of the employment in the contract is important. A person employed in a factory who writes poetry in their spare time is not employed as a poet and the poem is not written in the course of their employment. Therefore that person is the owner of the poems.
If an employee is employed under a contract with a very wide job description as a researcher, copyright in research proposal will probably belong to the employer, even if the employees created at the work on his own initiative outside normal working hours. - 3What is the case concerning whether copyright belonged to an employee or employer?Stephenson v Macdonald
- 4Stephenson v Macdonald(Ownership)
- Concerning: whether copyright belonged to an employee or employer
- Merely using facilities of an employer does not entitled the employer to copyright in an employee's creation if it was not made in the course of their duties as an employee. - 5In 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.
- 6Who own the copyright of the work created by a consultant, the consultant or the commissioner?They are not an employee and the commissioner are not employer, therefore the no automatic right to the copyright in the work. If a written assignment have not been made, then the ownership of the copyright belong to the consultancy.
Sometimes the court may decide that the equitable to hold that the commissioner is entitled to beneficial ownership of the copyright of that a licence should be implied. - 7What case concerned an implied licence to use a commissioned work?Blair v Osborne
- 8Blair v Osborne(Joint Ownership)
- Concerning: an implied licence to use a commissioned work
- Although architects normally retain the copyright in their plans, there may be an implied licence so as to permit the use of the work for its intended purpose. - 9Does beneficial ownership happen all the time?No, the basic principle the court will only grant the minimum necessary to give effect to the presumed intention of the parties.
In many cases, justice will be satisfied by the grant of a limited implied licence allowing the continued use of the work in question by the person commissioning its creation.
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- MSc Copyright Flashcards on Copyright - Ownership, created by Jasmine Law on 23/04/2015.
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- Jasmine Law · Apr 2015
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- Feb 19, 2016
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