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16 Cards in this Set
- Front
- Back
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What is copyright? |
Prevents copying & exploitation A right over property - intellectual property Control over the creation of work |
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What does it protect? |
Written Audio Visual |
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What is the Copyright, Designs and Patents Act 1988? |
UK wide law Sets out provisions conferring rights over relevany property |
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What does section one if the statute say? |
It says the work must be original, meaning author must have created the material by his or her own effort |
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How can the right of a work be given? |
If it is sold, assigned or licensed by author |
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Whats an academic example of copyright? |
London University Press v University Tutorial Press Ltd 1916 Had to decided whether degree papers were orginal literary works If the work is worth copying it is worth protecting |
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Whats a literary example of a copyright case? |
Dan Brown v the Holy Grail & Holy Blood Da Vinci Code book had stolen ideas from Holy Grail It was argued copyright protects expression not ideas |
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How does copyright work in public speeches? |
Copyright may exist if reuses verbatim S.58 sets out spoken words recorded by writing or otherwise for reporting current events to the public, under certain conditions, not infringements of copyright |
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What does section 58 says about spoken words? |
Not an infringement so long as it is direct from the source, not a previous record, it was not prohibited by the speaker, the use is by or with the authority of a person who us lawfully in possession of the record Simplified version: when its handed over a written copy of the speech, copyright will belong to the speaker and need permission to publish it verbatim or risk infringement |
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What are copyright section defences? |
S.28 research - private study S.30 (1) crticism and review S.30 (2) reporting current events Ss 32-36 education exceptions Ss 37-44 libraries/archives |
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Whats an example of copyright in fair dealing and Public interest? |
HRH Prince of Wales v Associated Newspapers ltd Mail on sunday published hand written journals of Princes opinions of Hong Kong Reliance on fair dealing under s30 (1) misplaced as journal had not been made available to the public |
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What was the Ashdown Case? |
Paddy Ashdown v Telegraph Group Ltd Sunday telegraph published verbatim quotations from confidential records Leaked to newspaper Ashdown was to publish them himself TG freedom of expression did not trump copyright |
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Whats an example of defences in fair dealing? |
BBC V British Satellite Broadcasting Ltd. BSB using using football clips of BBC BSB fell within s.30 as it was short clips and credited BBC |
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What are the remedies? |
Interdict Damages Additional damages Accounting profits Delivery of infringing copies Seizure of the copies |
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What are the three criminal offences of copyright? |
Making or dealing with infringing copies Making or possessing equipment specifically designed or adapted for making infringing copies Causing a copyright work to be performed or played in public |
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What are the penalties of copyright? |
Summary complaint - max 6mths &/or level 5 fine On indictment - max 2yrs &/or unlimited fine |
