Law of Copyright
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Protect tangible expression of an idea (NOT the idea itself) such as: Art, Music, Literature, Software etc. Copyright can last 70 years after the authors death according to [see page 9, CDPA].
Copyright is governed by statute law (however case law is considered in legislation).
Copyright is automatically assigned to a new creation provided that:
- The work is original
- The work is recorded in material form.
- A substantial part of the work is reproduced without permission.
- Author or work is connected to a signatory state of Berne convention.
Authorship
| Authorship | Meaning |
|---|---|
| Joint | It's impossible to tell which parts of the product was done by which person |
| Co-Authorship | Each authos contributions are clearly distinguishable. |
Authors can transfer copyright ownership.
Benefits of Copyright
Utilitarian - give people brief monopoly to incentivize creation. Labour (Natural Law) - A persons intellect produces product, thus they should own them. Hegelian - Intellectual creation are an extension of the author personality, so they should be given property rights.
Infringements
Primary Infrangement (not necessarily for commercial purposes)
Only the [see page 11, copyright owner] can:
- copy
- issue copies to the public
- perform, show or play works in public
- broadcast or include works in cable programme service
- adapt the work or do any of the above in relation to an adaptation of the work.
Secondary Infringement
Anyone knowingly deals in infringing copies (bootleg movies).
Defences to an Infringement
- Deny the claimant is owner of copyright work.
- Deny the work is entitled to copyright protection.
- Deny any infringing conduct has been committed.
Punishments for Infringments
[see page 12, damages].