COPYRIGHT Anything worth copying is worth protecting What

COPYRIGHT Anything worth copying is worth protecting

What does it do? • Establishes the right of the creator of the work to exploit his/her work • Governs the extent to which the work can be used by others • Protects the right of the creator or anyone who has invested in the creation e. g. publisher/broadcaster

Compare Common law and Civil law approach • CIVIL – concentrates more on moral rights of author and the benefits to society of creation of the work. Protection of author important so that more work can be created for the benefit of society. • COMMON LAW – more emphasis on property exploitation rights. Moral rights of author & integrity are fairly new idea

Distinguish ‘ideas’ from ‘format’ • Some recent cases: • Baigent & Leigh v Random House (Da Vinci Code case) • Lucasfilm v Ainsworth UKSC [2011] The Star Wars case - stormtrooper helmets • Fisher v Brooker • Hodgson v Isaac [2011]

A technical area of Intellectual Property law • Governed by CDPA 1988 as amended by Copyright Regulations 1995 • EU Directives • International Conventions – Berne and Universal • Rome convention – performers & broadcasters rights, authors and producers of sound recordings

What does the law cover • Rights in the use of the material • These rights can be assigned (sold) or transferred on death • Time limits for different types of work • Benefits from royalties – Peter Pan! • Distinguish Moral Rights of the creator cannot be assigned • Performance rights

Who owns what? • Employees’work owned by employer • Freelance retains copyright in her work UNLESS another agreement has been made • What about photographs? - see the rights of the photographer after CDPA 1988. (Bronson Case) He/she owns the commercial rights BUT if photo commissioned for personal/domestic purpose the commissioner has a MORAL right in the picture……….

MORAL RIGHTS? • This form of right introduced into UK by 1988 ACT: • A. Right to be identified as author (paternity right) • B. right to object to derogatory treatment of work • C. right to object to false attribution of work

USEFUL CASES • Godot v TGI Paris [1993] • Turner Entertainment Co v Huston [1991] • Moore v News of the World [1972] – false attribution available in more limited form prior to CDPA 1988 • Clark v Associated Newspapers [1998]

TYPES OF WORK COVERED by Copyright • Original literary, dramatic musical or artistic works • Sound recordings, films & broadcasts • Typographical arrangements in e. g. newspapers • Spoken word - speeches/interviews • Translations & adaptations of other work

SO…. IS ANYTHING COVERED? • Not entirely…. . • The work must have an ‘original quality’ about it – standard not always very high in UK • For infringement a ‘substantial’ amount of the work must be copied • ‘Substantial’ applies to QUALITY as much as QUANTITY – NLA Ltd v Meltwater Holding BV [2011]

INFRINGEMENT • • Copying a work Issuing copies to public Renting/lending copies to public Performing, showing or playing a work in public • Communicating work to the public • Making an adaptation of a work or any of above in relation to an adaptation

INFRINGEMENT 2 • To do any of the above without permission in respect of the whole or substantial part of the work is a PRIMARY infringement • What is ‘substantial’? • Note that all this applies to material on the internet as well. Note the new powers under Digital Economy Act 2010