Lecture 2 – Basic Principles of Copyright (CIIS154: Introduction to IT Law)

These flashcards cover the key principles of copyright discussed in Lecture 2, including protected works, authorship, duration, restricted acts, infringement, defences, remedies, moral rights, and licensing/assignment practices.

What type of legal right is copyright?

A property right that protects a wide variety of creative works.

Under section 1 of Ghana’s Copyright Act 690 (2005), in which three categories does copyright subsist?

(a) Original literary, dramatic, musical or artistic works; (b) sound recordings, films or broadcasts; and (c) the typographical arrangement of published editions.

What main qualification must a literary work meet to gain copyright protection in Ghana?

The author must be a Ghanaian (or have specific nationality/residence qualifications) or the work must have been first published in Ghana.

In copyright law, who is regarded as the ‘author’ of a work?

The person who creates the work.

Who is the first owner of copyright in a work made by an employee during the course of employment?

The employer, unless there is an agreement to the contrary.

How long does copyright last for computer programs and databases?

For the author’s life plus 70 years.

When does the 70-year term start in the case of joint authorship?

From the end of the calendar year in which the last surviving author dies.

Give three examples of digital works protected by copyright law.

Possible answers: computer programs, databases, photographs, sound recordings, films, broadcasts.

List two acts that are restricted by copyright.

Any two of: copying the work; issuing copies to the public; renting or lending; performing, showing or playing in public; communicating to the public; adapting the work.

What constitutes copyright infringement?

Doing or authorizing any restricted act in relation to a substantial part of a work without the copyright owner’s permission.

Does independently creating a similar work infringe copyright?

No. Independent creation, even if similar, does not infringe.

What four questions must be answered ‘yes’ to prove infringement by copying?

1) Is the claimant’s work protected by copyright? 2) Is the claimant entitled to sue? 3) Has the defendant copied from the claimant’s work? 4) Was a substantial part of the claimant’s work copied?

Name two common-law defences to copyright infringement.

Public interest, acquiescence, or estoppel (any two).

What is the ‘time-shifting’ permitted act?

Recording a broadcast (e.g., a TV program) to watch or listen to at a more convenient time without infringing copyright.

State one permitted act available to lawful users of computer programs.

Any one of: decompiling to achieve interoperability under certain conditions; making back-up copies; observing, studying or testing the program to discover ideas/principles; copying or adapting for error correction when not prohibited by licence.

What is secondary infringement of copyright?

Dealing with infringing copies—e.g., selling or distributing unauthorized copies—rather than directly copying the work.

What criminal penalty can apply to serious copyright offences?

A maximum of 10 years’ imprisonment and/or a fine.

Name three remedies available to a copyright owner in civil proceedings.

Injunction, damages, and an account of profits.

What moral rights does an author possess?

The right to be identified as the author, the right to object to derogatory treatment, and the right not to have a work falsely attributed.

Can moral rights be assigned to another person?

No. They cannot be assigned, though they pass under a will or by intestacy.

How does an assignment differ from a licence?

An assignment transfers ownership of the copyright, whereas a licence merely grants permission to carry out restricted acts.

What formality is required for an exclusive licence or an assignment of copyright?

It must be in writing and signed by or on behalf of the copyright owner/assignor.

Are non-exclusive licences required to be in writing?

No legal formality is required, but a written record is advisable.

What is the ‘database right’?

A separate right that protects databases resulting from a substantial investment, in addition to any copyright that may subsist.

Does copyright protect ideas, concepts, methods, or procedures?

No, copyright protects only the expression of ideas, not the ideas themselves.

Who is deemed the author of a computer-generated work?

The person who makes the arrangements necessary for the creation of the work.

What is the duration of copyright for works created by organizations?

Seventy (70) years.

Which permitted act allows decompilation of a program to achieve interoperability?

Lawful decompilation under specific circumstances provided by copyright law.