User:Charlottevander

Copyright issues that staff should be aware of.

1. Introduction Copyright law and copyright originated in the UK from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988. 2. Types of work to which copyright applies i. Literary Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc. Computer programs regulations in 1992 also extended the copyright of literary works to include computer programs. ii. Dramatic Plays, dance, etc. iii. Musical Recordings and score. iv. Artistic Photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos, etc. v. Typographical arrangement of published editions Magazines, periodicals, etc. vi. Sound recording May be recordings of other copyright works, e.g. musical and literary. vii. Films viii.Broadcasts and cable programs 3. When copyright occurs Copyright arises whenever an individual or company creates a work: A work is subject to copyright if it is regarded as original, and must exhibit a degree of labour, skill or judgement. Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be. 4. Who owns the copyright on a piece of work Normally the individual or collective who authored the work will exclusively own the work and is referred to as the 'first owner of copyright' under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part of employment then the first owner will normally be the company that is the employer of the individual who created the work. Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service). Just like any other asset, copyright may be transferred or sold by the copyright owner to another party. Copyright does not subsist in any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author. Only the owner, or his exclusive licensee can bring proceedings in the courts. 5. Duration of copyright The 1988 Copyright, Designs and Patents Act states the duration of copyright as: i. For literary, dramatic, musical or artistic works 70 years from the end of the calendar year in which the last remaining author of the work dies. If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), copyright will run for 70 years from the end of the year that the work was first made available. ii. Sound Recordings and broadcasts 50 years from the end of the calendar year in which the work was created, or, if the work is released within that time, 50 years from the end of the calendar year in which the work was first released. iii. Films 70 years from the end of the calendar year in which the last principal director, author or composer dies. If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available iv. Typographical arrangement of published editions 25 years from the end of the calendar year in which the work was first published. v. Broadcasts and cable programmes 50 years from the end of the calendar year in which the broadcast was made. vi. Crown Copyright Crown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies. Crown copyright will last for a period of 125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published. vii. Parliamentary Copyright Parliamentary copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made. 6. Acts restricted by copyright It is an offence to perform any of the following acts without the consent of the copyright owner: i. Copy the work. ii. Rent, lend or issue copies of the work to the public. iii. Perform, broadcast or show the work in public. iv. Adapt the work. The author of a work, or a director of a copyright film may also have certain moral rights: v. The right to be identified as the author. vi. Right to object to derogatory treatment. Copyright © 2000-2015 UK Copyright Service /Copyright Witness Ltd. Web site: www.copyrightservice.co.uk UK COPYRIGHT SERVICE Factsheet No. P-01 7. Acts that do not infringe copyright “Fair dealing” is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are: i. Private and research study purposes. ii. Performance, copies or lending for educational purposes. iii. Criticism and news reporting. iv. Incidental inclusion. v. Copies and lending by librarians. vi. Format shifting or back up of a work you own for personal use. vii. Caricature, parody or pastiche viii. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. ix. Recording of broadcasts for the purposes of listening to, or viewing, at a more convenient time. This is known as “time shifting”. x. Producing a back up copy for personal use of a computer program. 8. Useful addresses This fact sheet should be considered only as an introduction to the ideas of copyright. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice. This fact sheet may be reproduced for the purpose of instruction, reference or examination under the following conditions: • You may not use this work for any commercial purposes, nor may it be used as supporting content for any commercial product or service. • You may not alter, transform, or build upon this work. • All copies of this work must clearly display the original copyright notice and website address. • Any on-line reproduction must also provide a link to the UKCS website www.copyrightservice.co.uk. 9. Common questions Can I copyright an idea? No. Copyright may protect a work, drawing or plan that outlines the idea, but copyright cannot prevent the idea itself from being used elsewhere. Dependent on what the idea is, i.e. an invention, it may be possible to apply for a patent. Are names protected by copyright?