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29 Cards in this Set

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What is Copyright?

Property right that subsists in certain works. Statutory right giving the copyright owner certain exclusive rights in relation to their work (e.g. making copies, sell copies, public performance)

Authorial/Primary Categories of Copyright?

1) Literary Works




2) Dramatic Works




3) Musical Works




4) Artistic Works

Entrepreneurial/Secondary Categories of Copyright?

1) Sound Recordings




2) Films




3) Broadcasts




4) Typographical arrangement of published editions

When does copyright come into existence?

Automatically when a qualifying person creates a work that is original and tangeable

Qualification?

Copyright won't subsist in a work unless:




1) It has been created by a qualified person




2) it was first published in/transmitted from a qualifying country




3) In LDM works, must be fixed (reduced to material form/written down)

Literary Works?

Any work written, spoken or sung, other than dramatic or musical work.


Extends to tables (timetables), compilations (Top 10...), and computer programs.


Also Databases

Dramatic Works?

Works of dance or mime. Works of action.

Musical works?

Works consisting exclusively of musical notes (any lyrics etc are excluded).

Artistic works?

Two categories:




1) Works protected irrespective of artistic merit (graphic works, photographs, sculptures, collages)




2) Works required to be of a certain quality (artistic craftsmanship)

Sound recordings?

Reproducible recording of either:




1) sounds with no underlying copyright (animal noises etc)




2) recoding of whole/part of LDM work




Format irrelevant

Film?

Reproducible recording of moving images on any medium. The recording is protected rather than the subject matter. May also protected as dramatic work. Soundtracks included as part of the film, but may have separate copyright under sound recording

Broadcasts?

Copyright subsists in:




1) Electronic transmission of sound, visual images and other information transmitted for simultaneous lawful reception by the public.




2)...transmitted at a time determined by the transmitter, for presentation to the public

Typography right?

Layout of published editions of LDM works




Newspaper Licensing Agency Ltd v Marks and Spencer Plc

Ideas and Copyright?

No. However...




1) Highly developed ideas (first draft etc)? Yes

Originality?

Only applies to LDMA works. Mere expenditure of effort/labour has been used for test, but element of skill or judgement more commonly used.

Higher standard of originality?

Computer programs and databases. Must be original in the sense that they are the authors own intellectual creation. Explicit provision for databases, not comp. programs

Ownership of copyright?

Person who originally created the work OR their employer if creating the thing was part of their employment

Infringement?

Primary: Restricted acts are carried out without the permission of the owner




Secondary: Large scale infringements taking place with actual or constructive knowledge (privacy etc)

Restricted Acts?

Under CDPA S. 16 (1)

Secondary infringement?

1) Importing an infringing copy


2) Possessing an infringing copy


3) Selling, exhibiting, or distributing an IC


4) Dealing in items used to make an IC


5) Permitting premises to be used for performance of IC and providing equipment to do so

Primary Infringement?

The taking of the whole or a substantial part of the work

What is meant by "Substantial"?

Assessment of both quality and quantity




1) Distinctiveness of proportion taken


2) The nature of the work (the line between idea and expression is clearer with some than others)


3) Timing of the taking

Authorising infringement?

Still primary infringement

Infringement of the reproduction right

Includes electronic storage, and for example taking a photograph or drawing of a sculpture.




Does not include use of design models or documents recording a copyright work to produce an article, or making a 3d model from instructions

Infringement of distribution right

Owner has right for distribution and dis. of copies until doctrine of exhaustion

Infringement of rental and lending rights

Infringement to do so without copyright owners permission

Infringement of Public performance

Non-domestic = public




Infringement without CO permission

Infringement of communication right

Infringed where broadcast or electronically transmitted to members of the public w/o permission of CO

Infringement of Adaptation right

Includes translation and transcribing (e.g. novel to play)