Copyright **

What is the relevant law for copyright protection in the UK?

The copyright designs and patents act 1988

(for work produced after August 1st 1989)

What counts as infringement?

Unauthorised copying of a substantial part of a copyright work. This may be a criminal offence. (e.g. privacy) or a civil tort.

What remedies are avaliable for copyright infringement?

Damages, injunction, delivery up/ accounts of profits, costs

What is copyright?

Copyright arises automatically when an individual or company creates a work. To qualify the work must be original and show skill, labour and judgement. It is a form of intellectual property that can be split, transferred, or assigned through gift, license, sal or bequest. Always read T&Cs to understand how rights are used or transferred.

What types of works are protected by copyright?

Literacy books, artistic works, musical works, photographic works, architectural works, computer software and databases, sound recordings and film and video.

How long does copyright last for different types of works?

Literacy, dramatic, musical, artistic and films- for creators lifetime, + 70 years from end of death year

Sound- 70 years (extended from 50 by Cliffs law)

Broadcasts- 50 years

Computer generated music + graphics- 50 years

Who owns copyright?

Section 4 CDPA 1988- first owner is the person who creates the work.

Employees- copyright normally belongs to the employer if the work is created in the course of the employment. Employment contracts often specify how the work may be used.

Assignment- the owner can legally assign (transfer) copyright to another person.

Freelancers/ commissioned work- copyight usually belongs to the author, unless a contract states otherwise. (+ offendors)

Why is copyright valuable?

Because it protects your right to earn from something you have invested time, effort, and creativity into producing

How is copyright protected?

Copyright arises automatically when a work is created in any permanent form. It does not need to be registered, though creators may use the c in circle symbol to mark their work. Creators can assert their moral right of paternity, meaning the right to be identified as the author when the work is published

What rights apply to ‘private and domestic’ photos and videos?

Section 88 CDPA: a person who commissions (hires) a photographer or videographer for a private family occasion has a moral right of privacy over how the work is used. This applies when the work is commissioned for private or domestic use, such as wedding photos, anniversary parties or other family events. The commissioner (the person who hired the photographer) holds this moral right of privacy

What rules apply when a photo or film in commissioned for private or domestic use?

The commissioner’s permission must be obtained in addition to the copyright holder’s before the work can be used. The commissioner’s privacy right takes priority. The commissioner can sue for damages if their permission is not sought or granted

What is the fair dealing defence under Section 30 CDPA?

Section 30 CDPA allows limited use of copyright material without permission, provided certain conditions are met. Conditions for fair dealing: there must be sufficient acknowledgement of the original creator/ copyright owner. Use must fall under one of the permitted purposes: private study or research, criticism or review, reporting news and current events, incidental inclusion (appears accidentally or unintentionally within another work)

How does fair dealing apply to lifting news stories?

There is no copyright in the news itself (facts are not protected) using some quotes or a fair sentences, with proper attribution, can qualify as fair dealing. However fair dealing does not allow: copying the entire story, making only minor word changes to someone elses article. You must attribute the source and use only a fair and limited amount.

When can copyright material be used for parody, caricature or imitation?

Limited amounts of copyright material may be used without permission for parody, caricature or pastiche. E.g. spoofs, memes or parody videos on platforms like youtube.

What is the public interest defence in copyright law?

The public interest defence is very narrowly defined. It may justify publishing copyrighted material without permission when necessary to: expose immoral or wrongful conduct, protect public health and safety or administration of justice. E.g. police publishing a photo of a person they want to trace, even without copyright owners consent.

Does hyperlinking infringe copyright?

Hyperlinking to material that is freely avaliable online does not infringe copyright. The same applies to framing a video clip instead of linking to it. Exception: this does not apply if the content is behind a paywall or any access barrier

What should you know about copyright in older photos?

For work produced before 1957: special rules apply- Copyright act 1964- for photos commissioned before 1st August 1989, the commissioner owns the copyright. For non commissioned photographs, the photographer (or their employees) owns the copy right. Always calculate the copyright term to confirm whether protection still applies.

What is an example of a successful copyright case?

The Duchess of Sussex won a case against the Mail on Sunday for: copyright infringement, misuse of private info, breach of data protection. The newspaper had published a handwritten letter she wrote to her estranged father which he had shared with the media ahead of her wedding.