Transcript MAC264 Wk 11 Copyright

MAC264 Wk 12a
Copyright
What is copyright?
• Copyright: exclusive rights granted to the
owner of certain types of creative works
enabling him/her to do or control the doing
of specified activities with those works for
a specified period of time
• UK law is primarily the Copyright, Designs
and Patents Act 1988 (the "Copyright Act")
What does it cover?
• Literary Works: Works which are written,
spoken or sung (not being dramatic or musical)
eg books, reports, tables, computer programs
and newspaper articles
• Dramatic Works: Theatre and stage plays and
works of dance and mime
What does it cover?
• Musical Works: music of all styles (not
associated words or actions)
• Artistic Works: paintings, drawings,
photographs, graphic designs, sculptures,
architecture
• Sound Recordings: reproducable recordings
of sound or literary, dramatic or musical works
eg records, tapes and CDs
What does it cover?
• Films: a recording on any medium from which a
moving image may be produced eg films,
videos, newsreels, recorded television
programmes
• Broadcasts: transmissions by wireless
telegraphy of visual images, sounds or other
information eg. radio and terrestrial television.
What does it cover?
Cable Programmes: contents of cable
programme services
Typographical Arrangements: Typographical
arrangement of books, magazines and
newspapers or other published editions of
literary dramatic and musical works
Publication Right: Where a person publishes for
the first time a previously unpublished work in
which copyright has expired
How do I claim copyright?
• No particular formalities are required in the UK
to either attain or enforce copyright.
• It is not necessary to display the c symbol, the
name of the copyright owner or the year of first
publication
• But it is frequently done to show copyright is
asserted, to afford protection in certain nonBerne convention countries and to preclude the
defence of innocent infringement
Originality
• A literary, dramatic, musical or artistic work will
only obtain copyright protection if it is original –
not a copy of another work.
• The author must have put in original,
independent work
• S/he must expend own skill, knowledge, mental
labour, taste or judgement – but the level
required is can be minimal
• Originality is most commonly encountered where
there has been some element of imitation or
borrowing from a prior work
How long does it last?
Copyright doesn’t last forever - it gives the author
a reasonable opportunity to exploit creativity
• Literary, Dramatic, Musical and Artistic
Works: 70 years from the author’s death (50
years for computer generated works)
• Sound Recordings: 50 years from their release
or if not released from when made
• Films:70 years from the death last known
originator (ie principal director, author of screen
play, dialogue and composer of film music)
How long does it last?
• Broadcast and Cable Programmes: 50 years
from broadcasting or transmission
• Typographical Arrangements: 25 years from
first publication
• Publication Rights: 25 years from first
publication
Owning the Rights
• The Copyright Act grants owner certain
exclusive rights enabling them to do or to permit
others to do, the following acts:
• to copy the work
• to issue copies of the work to the public
• to perform, show or play the work in public
• to broadcast the work or include it in a cable
programme
• to make an adaptation of the work or do any of
the above in relation to an adaptation
Infringements
• It is an infringement of copyright if any of the
above acts are carried out without the consent of
the copyright owner or exclusive licensee. Civil
remedies include injunctions to prevent further
abuse, orders for delivery up of infringing articles
as well as damages for past infringement
• Criminal offences may be committed where a
person makes or deals with infringing articles
You’re OK if…
• Copyright is not infringed if the use is
The Fair Dealing Exceptions:
• - research and private study
- criticism, review and news reporting
Incidental inclusions:
• Education
• Libraries and archives
• Public administration
• Certain uses of design documents and models
• Use of typeface in ordinary course of printing
• Certain works in electronic form
Moral rights
As well as copyright the author of protected works also has
moral rights (can’t be transferred and always vest in the
author (even if he created the work in the course of his
employment). Moral rights can be waived.
The moral rights are:
• to be identified as the author
• to object to a derogatory treatment of the work
• to object to a false attribution of a work to you
• to privacy of certain photographs and films; (where
commissioned for private/ domestic purposes)