69905
Description
Mind Map by Chris Harper, updated more than 1 year ago
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Created by Chris Harper
almost 12 years ago
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Copyright
- Copyright, Designs and Patents Act 1988
- Where does it exist in?
- 'Original literary, dramatic, musical or artistic works'
- Books
- Film
- Lyrics and scripts
- Photos
- Writing
- LOTS of things
- 'Original literary, dramatic, musical or artistic works'
- Unauthorised copying of a whole or substantial part is a criminal offence and tort
- WHO owns copyright?
- The 'first owner' of copyright is the author as creator
- If authorship is joint, both become 'first owner'
- They have copyright unless they agree to
assign another party to have control of
copyright
- They have copyright unless they agree to
assign another party to have control of
copyright
- If authorship is joint, both become 'first owner'
- Sound recording
- Producer is first owner eg, a
person or org. who took 'the
arrangements neccesary'
- Producer is first owner eg, a
person or org. who took 'the
arrangements neccesary'
- Film made on or after July 1, 1994
- Producer + principal director are
jointly first owner
- Producer + principal director are
jointly first owner
- Unless an employer owns copyright which is created by an employee
- If someone has used skill, labour, creativity and/or judgement to create it then it is someone’s copyright
- S.L.C.J
- S.L.C.J
- The 'first owner' of copyright is the author as creator
- Commissioning Copyright
- Two acts: The Copyright Act 1956 and 1988 Act
- If something has been commissioned before August 1st
1989, the COMMISSIONER has the copyright e.g 1956 Act applies
- Anything after or on August 1st, the person commissioned or the employer owns copyright
- Anything after or on August 1st, the person commissioned or the employer owns copyright
- Two acts: The Copyright Act 1956 and 1988 Act
- 'Moral Right' in private + domestic photos/films
- 'Moral right' to those who commission the taking of
photos/films for private + domestic use
- E.g No copy of the photo to be published, issued or exhibited to the public
- E.g No copy of the photo to be published, issued or exhibited to the public
- They have this moral right even if they don't own the copyright and can sue for damages
- 'Moral right' to those who commission the taking of
photos/films for private + domestic use
- No copyright in facts and news!
- Speeches, interviews
- Copyright exists in spoken words e.g public
speeches as soon as they are recorded
- Speaker owns the copyright
- Speaker owns the copyright
- BUT it is NOT an infringement of copyright
to use a record of all or part of a speakers
words for reporting current events
- Unless they state copyright before the speech
- Unless they state copyright before the speech
- Copyright exists in spoken words e.g public
speeches as soon as they are recorded
- Copyright lasts for the authors lifetime and then
70 years after for literary, dramatic, musical or
artistic work
- Remedies for infringement of copyright
- Civil Law
- Copyright owner can order an
injunction to stop someone infringing
- Injunction can ban repetition of infringement.
- Can sue infringer for damages
- Copyright owner can order an
injunction to stop someone infringing
- Infringing copyright is also a criminal offence
- Civil Law
- Defences
- Public interest
- Public interest
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