Authorship and Ownership

Authorship and Ownership

1. Author (s9 (1)

   • Donoghue v Allied Newspapers Ltd
     • An idea on its own means nothing the expression of that idea is the important factor
   • Sound Recordings Or Films
     • The author is the producer s9(2)(aa,ab)
       • S178 defines producer
         • A & M Records v Video Collection - The person with the arrangements is the producer
   • Broadcasts s9 (2) B
   • Published Edition 29 2 d
   • Computer-generated works s9 3, s178
   • Joint Authorship
     • s10 CDPA
       • Contribution
         • Sufficient contribution to the words ray v Classic FM Plc not just ideas.
           • Late Claims do not matter - Beckingham v Hodgens
             • Ghost Writers will count when there is skill,labour of the right kind -interlego
             • Must contribute work which is not distinct - not seperate
       • Collaborations
         • Authors work needs to have a 'common design' rather than intending to create a work of joint authorship

2. Ownership s11 (1) (2)

   • Employee?
     • Finds a level of attachement - Chitty on Contracts
       • Control, interest, use of material of employer etc...
         • Ray v Classic FM
   • In course of Employment
     • Missing Link Software v Magee - Does it fall within the scope of the tasks?
   • Agreement to the contrary could be written, oral, express or implied - Noah Shuba
   • Commissioned work s85
   • Ownership of Joint authorship
     • Lauri v Renad finds that they hold tenant in common not joint tenant so have equal shares
   • Orphan works - Directive 2012/28/EU - Protects work in certain ways

3. Term/duration of copyright - s12 - 15A

4. Related Rights

   • Sound Recordings s13A Broadcasts s14 Typographical s15 Films s13B Unkown s12(3)

5. Term/duration of Copyright

   • s12-15A