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108 Cards in this Set
- Front
- Back
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What kind of right is copyright? |
A property right |
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Copyright subsists in the following descriptions of work: |
Original literary, dramatic, artistic or musical works; Sound recordings, films or broadcasts The typographical arrangement of published editions |
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What rights (relating to acts) does the owner of copyright have? |
The owner of the copyright in a work of any description has he exclusive right to do any of the acts specified as the acts restricted by the copyright in a work of that description |
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Relating to moral rights, which rights subsist in favour of the author, director or commissioner, whether or not they are the owner of the copyright? |
Right to be identified as author or director, Right to object to derogatory treatment of work Right to privacy of certain photographs and films |
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What does literary work mean? |
Literary work means any work, other than a musical or dramatic work which is written, spoken or sung, and accordingly includes: a table or compilation other than a database a database a computer program preparatory design material for a computer program |
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What does dramatic work mean? |
Dramatic work includes a work of dance or mime |
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What does musical work mean? |
Musical work means work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music |
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When does copyright begin for literary dramatic or musical work? |
Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise |
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For the creation of a literary musical or dramatic work, does it matter whether the work is recorded by or with the permission of the author? |
No |
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What does artistic work mean? |
artistic work means graphic work, photograph, sculpture or collage, irrespective of artistic quality a work of architecture being a building or a model of a building a work of artistic craftsmanship |
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What is a building? |
A building includes any fixed structure and a part of a building or fixed structure |
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Define joint authorship |
Joint authorship means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author authors |
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Define joint authorship for a film |
A film shall be treated as a work of joint authorship between the producer and the principal director unless the producer and the principal director are the same person |
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Define joint authorship for a broadcast |
The broadcast to be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast |
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By default who is the first owner of a copyright work? |
The author of the work is the first owner subject to provisions |
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Does an employee own a literary, dramatic, musical or artistic work, or a film that they have made? |
No, where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any kind of copyright in the work subject to any agreement to the contrary |
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If the author is known what is the duration of copyright in a literary, dramatic, musical or artistic work? |
Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies |
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What is the duration of copyright in a literary, dramatic, musical or artistic work if the author is unknown? |
Copyright expires At the end of the period of 70 years from the end of the calendar year in which the work was made or If during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it was first so made available |
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If an originally unknown author becomes known, what is the duration of copyright? |
70 years from the end of the calendar year in which the author dies |
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Define making available to the public in the case of a literary, dramatic or musical work |
Performance in public or communication to the public |
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Define making available to the public in the case of an artistic work |
Exhibition in public, a film including the work being shown in public, or communication to the public
But no account should be taken of any unauthorised act |
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What is graphic work? |
Graphic work includes any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodwork or similar work |
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What is the duration of copyright when the country of origin of the work is not an EEA state and the author of the work is not a national of an EEA state? |
That to which the work is entitled in the country of origin, provided that does not exceed the period which it would have under European regulations |
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What is the duration of copyright for computer-generated work? |
Copyright for computer-generated work expires at the end of the period of 50 years from the end of the calendar year in which the work was made |
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What is the duration of copyright in relation to a work joint authorship? |
If the identity of all the authors is known, as a reference to the death of the last of them to die If the identity of one of more of the authors is known and the identity of one or more of the others is not, as a reference to the death of the last whose identity is known |
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What is a photograph? |
a photograph means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film |
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Does the cast or model made for the purposes of a sculpture count as a sculpture? |
Yes |
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Who is the author in the case of the sound recording? |
The producer |
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Who is the author in relation to a film? |
The producer and the principal director |
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Who is the author in relation to a broadcast? |
The person making the broadcast or, in the case for broadcast which relayed another broadcast by reception and immediate re-transmission, the person making that other broadcast |
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Who is the author in the case of a typographical arrangement of a published edition |
The publisher |
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In the case of a literary dramatic musical or artistic work which is computer-generated, who is the author? |
The person by whom the arrangements necessary for the creation of the work are undertaken |
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Define unknown authorship |
Identity of an author should be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable enquiry; but if his identity is once known it shall not subsequently be regarded as unknown |
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An author or director has the right to be identified as the author or director of a work, but in what circumstances is the right not infringed? |
The right is not infringed unless it has been asserted |
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What are the acts restricted by Copyright? |
Copy the work Issue copies of the work to the public rent or lend the work to the public Perform, show or play the work in public Communicate the work to the public Make an adaptation of the work or do any of the above in relation to an adaptation |
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How much of a work must a restricted act be done upon to constitute infringement? |
The work as a whole or any substantial part of it |
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When does the author of a literary work (other than words intended to be sung or spoken with music) or dramatic work have the right to be identified? |
When the work is published commercially, performed in public or communicated to the public copies of a film or sound recording including the work are issued to the public |
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Can the assignment of copyright be partial? What can be assigned? |
Yes. The assignment may be limited so as to apply to some but not all of the things the copyright owner has the exclusive right to do part but not the whole of the period for which the copyright is to subsist |
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And assignment of copyright is not effective until… |
Until it is in writing signed by or on behalf of the assignor |
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Is a license granted by copyright owner binding on every successor in title to his? |
Yes (except for a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the license) |
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Can future copyright be assigned? |
Yes |
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Define future copyright |
Future copyright means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event |
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What is an exclusive license? |
And exclusive license means a license in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the license, to exercise the right which would otherwise be exerciseable exclusively by the copyright owner |
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Does a performer have economic rights as well as moral rights? |
Yes |
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What moral rights does a performer have in relation to their work? |
The right to be identified The right to object to derogatory treatment of their performance |
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What economic rights does a performer have in relation to their work? |
Economic rights confer rights on a performer by requiring his consent to the exploitation of his performance Economic rights confer rights on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer, and creates offences in relation to dealing with or using illicit recordings and certain other related acts |
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Define a performance |
Performance means A dramatic performance (which includes dance and mine) Musical performance Reading or recitation of a literary work A performance of a variety act or any similar presentation Which is a live performance given by one or more individuals |
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When does the author of a musical work or a literary work consisting of words intended to be sung or spoken with music have a right to be identified? |
The work is published commercially Copies of a sound recording of the work are issued to the public A film of which the soundtrack includes the work is shown to the public or copies of such a film are issued to the public |
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Is a license granted by copyright owner binding on every successor in title to his? |
Yes (with the exception of some certain provisions) |
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How are a performer’s rights infringed relating to consent |
A performer’s rights are infringed by a person who, without his consent Makes a recording of the whole or any substantial part of the qualifying performance directly from the light formants Broadcast live, the whole or any substantial part of a qualifying performance Makes a recording of the whole or any substantial part of a qualifying performance directly from the broadcast of the live performance |
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What is the defence against the allegation that a performer’s rights have been infringed due to lack of consent? |
Damages shall not be awarded against the defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given |
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Relating to copyright infringement, what is the meaning of copying? |
Copying in relation to literary, dramatic, musical or artistic work means re-producing the work in any material form This includes storing the work in any medium by electronic means |
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What does copying mean in relation to a film or broadcast? |
Copying includes making a photograph of the whole or any substantial part of any image forming part of the film or broadcast |
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Relating to copyright infringement, does making transient or incidental copies count as infringement? |
Yes |
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What economic rights does a performer have in relation to their work? |
Economic rights confer rights on a performer by requiring his consent to the exploitation of his performance |
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What is not included as issuing to the public in relation to infringement of copyright? |
Issuing to the public does not include any subsequent distribution, sale, hiring or loan of copies previously put into circulation Issuing to the public does not include infringement by rental or lending |
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When considering issuing copies of a copyright work to the public, does this include issuing the original piece of work? |
Yes |
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When does the author of an artistic work have the right to be identified? |
The work is published commercially or exhibited in public, or a visual image of it communicated to the public The film including a visual image of the work is shown in public or copies of such film are issued to the public (In the case of a work of architecture in the form of a building or model for building, a sculpture or a work of artistic craftsmanship), copies of a graphic work representing it, or a photograph of it, are issued to the public |
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When does the author of the work of architecture have the right to be identified? |
On the building as constructed Or when there is more than one building constructed to the design, on the 1st to be constructed When copies of a graphic work representing the building, or a photograph of it, are issued to the public |
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When an author or director is identified, what properties must be identification have to be valid? |
The identification must be clear and reasonably prominent. The author or director must be identified in a manner likely to bring his identity to the attention of a person seeing etc the work |
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With regard to derogatory treatment, what does treatment mean? |
Any addition to, deletion from, alteration to or adaptation of the work other than A translation of a literary or dramatic work Arrangement or transcription of musical work involving no more than a change of key or register |
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In relation to derogatory treatment what does derogatory mean? |
The treatment of 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 |
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Does the author of a work of architecture in the form of a model of a building have the right to object to derogatory treatment of their work? |
Yes, if copies of a graphic work representing, or a photograph of, a derogatory treatment of the work are issued to the public |
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What is not included as issuing to the public in relation to infringement of copyright? |
Issuing to the public does not include any subsequent distribution, sale, hiring or loan of copies previously put into circulation |
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Is copyright transmissible? |
Copyright is transmissible by assignment, by testamentary disposition, or by operation of law, as personal or moveable property |
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What economic rights are conferred on a person having recording rights in relation to a performance? |
Economic rights confer rights on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer, and creates offences in relation to dealing with or using illicit recordings and certain other related acts |
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What does adaptation mean in relation to a literary work, dramatic work, computer program, database, and musical work? |
Adaptation means In relation to a literary work (other than a computer program or database) or dramatic work means a translation of the work, a version of a dramatic work which is converted into a nondramatic work or a nondramatic work which is converted into a dramatic work, or a version of the way in which the story or action is conveyed wholly or mainly by means of pictures inform suitable for reproduction in a book, newspaper, magazine or similar periodical in relation to a computer program, arrangement or altered version of the program or a translation of it In relation to a database, arrangements or altered version of the database or a translation of it In relation to a musical work, an arrangement or transcription of the work |
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What does translation mean in relation to a computer program? |
The translation includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code |
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What is secondary infringement? What active restricted in relation to secondary infringement? |
The copyright in a work is infringed by a person who, without the license of the copyright owner, imports into the United Kingdom, other than for his private and domestic use, and article which is, and which he knows or has reason to believe is, an infringing copy of the work |
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What acts are restricted in relation to dealing with infringing copies of a work? |
Possession in the course of business Selling or letting for hire, offering or exposing for sale or hire In the course of a business exhibiting in public or distributing Distributing otherwise than in the course of business to such an extent as to affect prejudicially the owner of the copyright |
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What acts are restricted in relation to providing means for making infringing copies? |
Copyright in a work is infringed by person who, without the license of copyright holder Makes Import into the United Kingdom Possesses in the course of business Sells or lets for hire in the course of a business or offers or exposes for sale or hire An article specifically designed or adapted for making copies of the work, knowing or having reason to believe that it is to be used to make infringing copies |
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Are you allowed to transmit work by means of a telecommunications system? |
No, if you know or have reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the UK or elsewhere. |
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What is the country of origin for a cinematographic work first published in a county outside the union? |
As long as the maker has his HQ or habitual residence in a country of the union, that country |
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What is the country of origin for a work of architecture erected in a country of the union? |
That country |
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What is the country of origin for a cinematographic work first published in a county outside the union? |
As long as the maker has his HQ or habitual residence in a country of the union, that country |
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What is the country of origin for a work of architecture erected in a country of the union? |
That country |
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Except for cinematographic and architectural works, what is the country of origin for a work first published in a country outside the union (or unpublished work)? |
The country of the union of which the author is a national |
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What happens if you find an infringing copy, but cannot prove that copyright subsisted at the time it was made? |
It shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work |
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In what situations is a temporary copy not an infringing article? |
The copy is used for the sole purpose of enabling a transmission of the work between third parties, or enabling a lawful use of the work, and had no independent economic significance. |
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In what situations is a temporary copy of a literary work not an infringing article? |
The copy is not a computer program or database, is transient and incidental, and is used for the sole purpose of enabling a transmission of the work between third parties, or enabling a lawful use of the work, and had no independent economic significance. |
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How much of a work can an educational establishment copy? |
Not more than 5% of a work may be copied by or on behalf of an educational establishment in any period of 12 months |
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What happens re: an educational establishment if a license is available authorising acts which are allowed due to their educational status? |
Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licenses are available authorising the acts in question, and the educational establishment responsible for those acts knew or ought to have been aware of that fact |
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Under what circumstances can you lawfully make a copy of a computer program? |
It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for them to have for the purposes of their lawful use |
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Is it lawful to convert a program expressed in a low level language into a version in a higher level language? |
Yes |
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Is it lawful to decompile a computer program during converting it? Under what conditions? |
Yes, as long as it necessary to decompile the program to obtain the permitted objective, the information is not used for anything other than the permitted objective. It is not lawful if: If the user already has the means to achieve the permitted objective, compiles more of the program than is necessary, supplies the information to anyone unnecessary, or Uses the info to create a program which is substantially similar in expression to the program decompiled or to do any act restricted by copyright |
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Can a lawful user of a copy of a computer program correct an error in it? |
Yes |
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If an act doesn’t infringe the adaptation of a work, can it infringe the original work? |
No |
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Who can action infringement of copyright? |
An infringement of copyright is actionable by the copyright owner or an exclusive licensee |
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What rights and remedies does an exclusive licensee have? |
An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of the matters occurring after the grant of the license as if the license had been an assignment. His rights and remedies are concurrent with those of the copyright owner. |
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What acts constitute an offence in relation to infringing articles? |
Making for sale or hire, importing into the United Kingdom otherwise than for private and domestic use, possessing in the course of business with a view to committing any act infringing copyright In the course of business: selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, distributing Distributing otherwise than in the course of business to such an extent as to affect prejudicially the owner of the copyright Making or possessing an article specifically designed or adapted for making copies of a copyrighted work |
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When can you use copyrighted material for the purposes of research? |
Is the research is for a non-commercial purpose, and the work is accompanied by a sufficient acknowledgment |
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And what circumstances does a person infringe copyright in a work by communicating the work to the public? |
When the person knows or has reason to believe that their infringing copyright in the work and They either intend to make a gain for themselves or another person, or they know (or have reason to believe that) communicating the work to the public will cause a loss to the owner of the copyright, or will it expose the owner of the copyright to a risk of loss |
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Define gain and loss in relation to criminal liabiliry |
Gain and loss extend only to gain or loss in money and include any such gain or loss whether temporary or permanent Loss includes a loss by not getting what one might get |
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When copyright is infringed in relation to performing, playing or showing work in public, who is guilty? |
Where copyright is infringement by the public performance of a literary, dramatic or musical work, or by the playing or showing in public of a sound recording or film Any person who caused the work to be so performed, played or shown is guilty of an offence if they knew or had reason to believe that copyright would be infringed |
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What are the punishments in relation to copyright? |
Relating to sale, hire, import or distribution: summary conviction of six months imprisonment and/or a fine, conviction on indictment of 10 years imprisonment and/or fine Relating to communicating to the public and causing loss or gain: summary conviction of three months imprisonment and/or fine, conviction on indictment of 10 years imprisonment and/or fine Any other offence relating to copyright infringement: summary conviction of three months imprisonment and/or fine (level 5, £50,000) |
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Name a time relating to research and private study where copying is not considered fair dealing (e.g photocopying)is |
If the person doing to copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose |
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Is it allowable to convert a computer program in a low level language into a higher level language? |
Yes for research or private study or for the purposes of decompilation, as long as: The decompilation is necessary (the user does not already have the information available to him, it is not used for a different purpose than compilation) The information is not supplied elsewhere to any unnecessary person The decompilation is not used to create a program which is substantially similar in its expression to the program decompilated, and the decompilation is not used to do any restricted act |
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In what situation is it fair dealing to criticize or review a work? |
Provided it is accompanied by sufficient acknowledgement and provided it has been made available to the public. |
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When is it okay to use a quotation from a work? |
When the work has been made available to the public, the use of the quotation is fair dealing, the extent of the quote is no more than is required for the purpose, and the quotation is accompanied by sufficient acknowledgment |
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Can you use a work for the purpose of reporting current events? What must it be accompanied with? What can’t you use? |
Yes, sufficient acknowledgement if possible and practical to do so, a photograph |
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Can you use copyrighted work for the purpose of caricature, parody or pastiche? What must it be accompanied with? |
Yes, nothing! |
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Can a contract restrict you from doing an act which would otherwise be considered a non infringing act? |
No, the term is unenforceable |
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When can an educational establishment copy or communicate a copyrighted work? |
If it is an extract (less than 5% of work in a period of 12 months) for the purposes of instruction for a non commercial purpose and it is accompanied by sufficient acknowledgement |
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What is article 1 of the Berne convention? |
The countries to which this convention applies constitute a union for the protection of the rights of authors in their literary and artistic works |
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Summarise the four points of the Berne Convention article 5 |
1. Authors shall enjoy, in countries of the union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specifically granted by this convention 2. The enjoyment of the exercise of this right shall not be subject to any formality, such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work, The extent of protection and the means of address shall be governed exclusively by the laws of the country where protection is claimed 3. Protection in the country origin is governed by domestic law. When the author is not a national of the country, he shall enjoy in that country the same rights as national authors 4. Rules regarding the country of origin are defined |
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What is the country of origin for a work first published in a country of the union? |
that country |
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What is the country of origin for works published simultaneously in several countries of the union which grant different terms of protection? |
The country whose legislation grants the shortest term of protection |
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What is the country of origin for unpublished works or works first published in a country outside the union? |
The country of the union of which the author is a national, except for: For cinematographic works, where the maker has his headquarters or has habitual residence in a country of the union For architectural works, the country of the union in which the structure is located |
