Unit 4 – Consolidation IP – COPYRIGHT

TPs = third parties

What is protected?	Creative output (expression of an idea NOT the idea itself)
What benefit is there?	Prevents copying
How is it obtained?	Arises automatically (no registration)
How long does it last?	70 years from death of creator (in most cases)

OUTCOME 1 – Analyse a client’s situation to decide whether copyright exists in its creations;

What is ?	Protects the results and expressions of creative ability. No formality is involved, right comes into existence as that tangible results of creativity appear Necessary if a work is to be made available to the public, recognising the effort and investment involved in such ventures “Works” = the tangible expression of ideas Duration is usually 70 years, however, artistic items which are mass produced is 25 years (same as RDR) Two categories of Classic LDMA (literary, dramatic, musical, artistic) protect the creative efforts of the author Entrepreneurial (film, sound recording, published editions of LDMA) protect investment categories are important: An item can fall into more than one If it doesn’t fall into a category, then it doesn’t fall within law Rules relating to subsistence, duration, ownership and infringement vary Different rights in the same item can be owed by different people
LDMA works	Pg 257 has relevant CDPA provisions s.1-4 Requirements for existence: Original – s.1(1)(a) – authors own work, not copies from anything else. It is an originality of expression and form, not of idea or content that is required Minimum Effort – no unless a certain minimum amount of effort has gone into the work A joint author has to do more than merely contribute ideas and has to participate actively Ray v Classic FM 1998 Literary: Low threshold – almost any work expressed in print or writing (University of London Press v University Tutorial Press 1916), but not a word, jingle, title or short slogan (Exxon 1981) Compilations now have a high originality threshold and more likely to be protected by a database right Artistic: Very low threshold s.4(a)(a) but artistic merit is requires for architecture s.4(1)(b) Artistic craftsmanship: 3D item but not a sculpture (hand made musical instrument, furniture, wooden boat) – requires a significant degree of artistic merit Most industrially manufactured articles will lack any craft skills Key factor: did the author consciously intend to create a work of art? 3. Recorded: For LDM but not A the work must be recorded s.3(2) on any medium (tape/typing)
Literary works	“Any work, other than a dramatic or musical work which is written, spoken or sung” s.3(1) Need not have any artistic merit and covers business documents Computer programs are expressly included s.3(1)(b) Databases and compilations can qualify for this if they satisfy s.3A Collection of independent works, data or other materials Arranged in systematic or methodical way Individually accessible by electronic/other means Original because selection/arrangement of database content is author’s own intellectual creation Theoretically may be protected even though just an assemblage of existing material as long as way its put together is original. Most wont be original enough s.3A so the Database right will cover them
Dramatic works	“Includes a work of dance or mime” s.3(1) Covers anything that is intended to be acted Play or film script will have dramatic not literary A ballet is a dramatic work but the accompanying music is a musical work Not footballers famous goals because of the crucial absence of a script
Musical works	“Music, exclusive of any words or action intended to be sung, spoken or performed with the music” s.3(1) - A song will have musical the words are not musical but literary and may be separately owned
Artistic works	s.4 – includes graphic works, photos, sculptures, works of architecture, works of aesthetic craftsmanship (3D works which are neither sculptures or works of architecture – unimportant in practice as likely to be protected by design rights s.4(1)
Duration	Normally 70 years from the end of authors death (even if assigned or vests in employer) If author unknown, 70 years from creation or first publication (whichever is later) Computer generated work, period is 50 years from creation - If it is industrially exploited this is reduced to 25 years s.52
Ownership	Initial is held by owner or co-owners s.11(1) If author is an employee and work was done in course of employment, owned by employer s.11(2) If the work is commissioned then resides with author s.11(1) (important to have assignment clause but license usually implied, person commissioning has the right to prevent publication s.85)
Moral rights	Where the creative author retains rights regarding his creation, even after he has sold the the right to be identified (where asserted by the author) s.77 the right to object to derogatory treatment s.80 Morrison Leahy Music v Lightbond 1993 – C obtained injunction to restrain release of a recording consisting of C’s music interspersed with other music, altering the character of their music the right against false attribution of a work s.84 the right to privacy in photographs and films s.85 Moral rights are alienable s.94 cannot be assigned, but can be waived Apply to LDMA works and films (director owns them) – exception is computer programme where employees don’t enjoy them Most moral rights last as long as s.86(1) except paternity rights which last for 20 years after death of author s.86(2)
Entrepreneurial	These are designed to give effect to the commercial, artistic and financial realities of creativity in the modern world – pg 263 for relevant CDPA s.5A-8 Divided into LDMA an entrepreneurial for conceptual convenience not because of legal distinction s.5A – sound recordings s.5B – films s.6 – Broadcasts s.8 – published editions of LDMA - No req of originality...

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Unit 4 – Copyright Notes

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Unit 4 – Copyright

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