Rights

Rights

1. Economic Rights

   • s.17 the right to copy
     • reproducing the work in any material form
     • transient copies are still 'copies'
   • s.18 the right to issue copies
     • EU principle of exhaustion and the free movement of goods - exhaustion means that when a product is lawfully put on the market, that product is exhausted, i.e. the owner has lost its right to exercise the right in relation to that product
   • s.18A the right to lend/rent copies
   • s.19 the right to perform
     • 'in public' = contentious - Duck v Bates: 'public' means all that is not private and domestic
   • s.20 right to communicate
     • A digital right
   • s.21 right to make an adaptation
     • Does not apply to artistic works as there is no way to translate a painting to another form

2. Moral Rights

   • Art.6 of the Berne Conventions (1886): Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
   • s.77 paternity right
     • The right to be identified as the author or creator
     • s.79 = exclusions e.g. computer-generated works
   • s.84 object to false attribution
     • Clark v Associated Newspaper (1998): Alan Clarke's 'secret diary' was a satire piece = he did not write it therefore do not use his name
   • s.8 integrity right
     • for the work to not be subject to derogatory treatment
     • “treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work other than - the translation of a lit or dramatic work, or the transcription of a musical work
     • The treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;
       • 1.Is there any treatment present?
         • 2. Is that treatment derogatory?
       • Pasterfield v Danham - the fact that the author felt aggrieved was not enough