Copyright

Define copyright

A protective act controlling who can copy work created by artistic and other intellectual endeavour

What material can be copyright protected?

• Literary, dramatic, and artistic works

• Sound recordings, films or broadcasts

• Typographical arrangements of a published magazine or newspaper

Who owns copyright? Name at least 2.

• The ‘first owner’ of a copyright in literary, dramatic or artistic sotks is the author or creator

• In a sound recording, the producer, the person who undertook the arrangements for creating the work

• In a film made, jointly the producer and principal director

• In a broadcast, person or organisation making the broadcast

• Typography arrangements is the publisher

What are the rules around copying from the internet?

• Copying any material from the internet and publishing this information infringes any copyright in the work, unless the owner consents, or a defence/exception applies.

• Publishing photos from social media may infringe copyright over the person who took the photo.

What are the rules around photos from or being shown on TV?

Publishing a photo of a TV or film image can infringe copyright

Who owns the copyright on comissioned work?

• Before August 1 1981: The comissioner

• After August 1 1981: The Employer

What are the rules around copyright in speeches, interviews, and in notes/recordings?

• The speaker of a speech or interview owns copyright to that work, even if not delivered by a script.

• If they are reciting words: someone else owns the copyright

• There is no copyright in casual conversation

What is the section 58 defence in spoken copyright. Name at least 2 conditions.

It is not infringement to use all or part of a speakers words, as long as:

• It is not taken from a previous record or broadcast

• The speaker did not forbid any recording being made

• The use made is not of a kind prohibited by the speaker

• Used with the authority of the person who possesses it.

What are the rules on copyright in parliments and courts?

Copyright is not infringed by anything done for the purposes of reporting parliamentary and judicial proceedings

How long does copyright last in literary, dramatic and artistic works.

The creators lifetime + 70 years after the calendar year of their death.

How long does copyright last for computer generated music or images?

50 Years

How long does copyright last for a sound recording?

70 Years

How long does copyright last in a broadcast?

50 Years

Who makes crown copyright, and how long does it last?

Made by civil servants. Can last up to 125 years.

What are the legal remedies for copyright infringement? Name at least 2.

• Deliberate breach is a criminal offence. However civil law is more journalistic.

• In civil law:

  • A holder who discovers that someone can infringe that right can get an injunction to prevent it.

  • If infringement happens, injunction can stop repitition. The owner can sue.

  • Court can order all infringed copies to be destroyed.

Fair Dealing Defences (s30). Define + name at least 2.

The four fair dealing defences recognise the public interest in some types of publication being free of some restraints.

• Reporting Current Events:

  • s30 allows publication for current events, regardless of consent.

  • There MUST be ‘fair dealing’

  • Work must contain ‘sufficient acknowledgement’

  • Photographs are completely excluded

• Criticism or review:

  • s30 allows publication for criticism or review, regardless of consent.

  • Work must already have been available to the public.

  • There must be fair dealing and sufficient acknowledgement

• Quotation:

  • s30 allows publication for the use of quotations.

  • Work must be available to the public and NOT leaked

  • Fair dealing and sufficient acknowledgement

  • The use is no more than what is needed.

• Use of caricature, parody or pastiche.

  • s30 allows publication for the use of quotations.

  • Content must be limited so it does not take unfair commercial advantage of the owner.

Public interest defence.

Allows the use of any copyrighted material if it serves an important purpose:

• Exposing some immoral or harmful to public safety.

• Showing the work encourages immoral and illegal behaviour

• Helping authorities