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Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
almost 11 years ago
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| Question | Answer |
| Copyright | -Right in law to control who can copy work created by artistic/intellectual behaviour: skill, labour, judgement -Copyright, design and patents Act 1988. EXISTS IF: -"Sweat of Brow" can be proven -How facts are expressed -70 yrs from death of author -50 yrs b'cast |
| Contributor Copyright | -Copyright belongs to author -If employee & produced during course of work belongs to employer -Contributions licensed to paper by CR rests with author |
| Freelance Contributions | -No automatic right by paper/magazine to CR of freelancer -Usually seek First British Serial Rights (FBSR) & exclusive syndication rights -Assignment of CR must be in writing & from CR holder |
| Photo Copyright | -Employer/freelance then author unless agreement to contrary -Taken before 1988 copyright w commissioner -Priv/dom photo commissioner has moral rights. CASE STUDY: Football League v Littlewoods Pools proved league to have CR to fixture lists |
| Moral Rights | -Right of author to be identified except for short pieces -Not to have work subjected to derogatory comment -Not to have work falsely attributed -Acquiescence: the rights holder has allowed person to infringe CR |
| Remedies for Breach | 1)Civil action: crown/court for damages & restraint 2)Criminal: under 1988 act infringer can be prosecuted 3)Write to infringing publication threaten legal action |
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