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Chapter

This chapter discusses exceptions and limitations to the rights of the copyright owner. Copyright law establishes many such exceptions and limitations, listed in the Copyright, Designs and Patents Act 1988 (CDPA 1988) as the ‘permitted acts’. These acts can be carried out in relation to the copyright work without the owner’s permission or, in some cases, can be performed subject to terms and conditions specified by the statute rather than by the copyright owner. The chapter discusses the influence of the international framework and EU Directives on exceptions and limitations. It analyses the ‘permitted acts’ and discusses the freedoms afforded through them to users of protected works in the UK, and also briefly considers how far they may be set aside by contractual provision.

Chapter

This chapter explains the law on authorship and copyright ownership. The creator of a work is, in principle, its author. There can be more than one creator for a work and therefore also more than one author. Joint authorship arises when more than one creator is involved in the creation of the work and the contribution of each creator can no longer be separated out in the final result. Copyright is a property right and, as such, needs an owner. The general principle is that the author will be the first owner of the copyright in his or her work.

Chapter

This chapter focuses on rights in performances, which covers all aspects of the making of a recording of a performance and its subsequent exploitation. The discussion includes subsistence of rights; term of protection; the qualification requirement; content and infringement; the nature of the performer’s rights and their transfer; and moral rights.

Chapter

This chapter discusses the commercial exploitation of copyright, both in a domestic and in a European context. It covers the Crown copyright in the UK; commercial exploitation of copyright in the UK; and exploitation under European law, i.e. friction with the free movement of goods and competition law.

Chapter

This chapter provides a brief summary of the discussions on copyright. It covers the roots of copyright; the various types of work that attract copyright protection; and the duration of copyright protection.

Chapter

This chapter looks at the relevant statutory and non-statutory defences to copyright infringement. Defences against copyright infringement usually take the form of the so-called exceptions and limitations to copyright, which are meant to enhance and maintain a balance of interests between copyright holders and users. Exceptions allow individuals to carry out an exclusive act in relation to a copyright work, without asking authorisation from the copyright holder and without having to pay remuneration. Limitations, on the other hand, allow individuals to carry out an exclusive act in relation to a copyright work in return for paying remuneration to the copyright holder. The chapter then sets out the principal general copyright defences — which are discussed under the umbrella term of ‘fair dealing’ — and indicates which categories of work are covered by which defence and the requirements attached to each.

Chapter

This chapter focuses on the two types of copyright infringement within the CDPA 1988: primary infringement and secondary infringement. In primary infringement, the defendants are directly involved in copying, performing, and issuing to the public the copyright work, whereas secondary infringement involves people who deal with infringing copies, or facilitate such copying or other activities that are restricted by copyright. Besides this difference that has to do with the scope of rights, there is also difference on the mental element. Unlike primary infringement that does not require knowledge or intention to infringe on the part of the alleged infringer and is hence subject to strict liability, secondary infringement occurs where the defendant knew or had reason to believe that activities in question are wrongful. This is assessed on the basis of an objective test, namely what matters is what a reasonable person would have thought in the relevant circumstances.

Chapter

This introductory chapter provides an overview of copyright protection. It discusses how United Kingdom copyright law has developed from the mid-16th century onward. The purpose of giving this account is to highlight two recurring themes: firstly, the law's struggle to keep up with changing technology; and, secondly, the effect of external influences on domestic law. The chapter then looks at the theoretical justifications for copyright and the extent to which they accord with the current law, and the principal characteristics of copyright, including the crucial difference between protecting an idea and protecting the expression of that idea. There are a number of aspects of copyright that do not apply to other intellectual property rights like patents and trade marks. Understanding these differences will help one in distinguishing between the different types of intellectual property right.

Chapter

This chapter considers the ‘economic rights’ the copyright owner enjoys while copyright protection endures. These are the rights that the Copyright, Designs, and Patents Act 1988 (CDPA 1988) calls ‘acts restricted by copyright’, which may be exploited by transferring them to others or licensing others to use them for a price. The chapter discusses the rights flowing from ownership of copyright and the international framework that underpins them, noting the influence upon UK law of a number of EU Directives. It identifies the general principles pertaining to infringement of economic rights, before turning to the detailed rules on each economic right: to make copies, issue copies to the public; rent or lend commercially to the public; perform, show, or play in public; communication to the public; and make adaptations. It discusses authorisation of infringement (accessory liability) in relation to these economic rights, and finally considers secondary infringement of copyright.

Chapter

This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.

Chapter

This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.

Chapter

This chapter discusses the duration of copyright protection in the UK. The basic rule is that the term of copyright has been harmonized at life of the author plus 70 years in the EU. The basic rule applies to the original category of works (literary, dramatic, musical, and artistic works) and to films. Entrepreneurial works, such as sound recordings and broadcasts, receive 50 years of copyright protection. Performances fixated in a phonogram will in future be protected for 70 years. The term of protection for typographical arrangements is 25 years.

Chapter

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.

Chapter

This chapter first examines the subject matter in which copyright subsists and the criteria for copyright protection as set out in the Copyright, Designs, and Patents Act 1988 (CDPA 1988). This centres on the concept of the ‘protected work’ and makes use of a distinction between what are sometimes known as ‘author works’ (literary, dramatic, musical, artistic, and film works) and ‘media works’ (typographical arrangements, sound recordings, broadcasts, and adaptations). It then considers the identification of the first owner of copyright when it comes into existence. It discusses the concept of joint authorship and ownership of copyright works when created in the course of employment. The final section discusses the duration of copyright.

Chapter

This chapter considers two main topics. It first examines the provisions of the EU’s Copyright in the Information Society Directive, which sets out to amend some provisions of copyright law better to fit the realities of an online world. It then looks at some of the issues associated with enforcement of copyright, considering the extent to which intermediaries such as Internet Service Providers (ISPs) might be held liable for infringing acts committed by their users. Attention is increasingly paid to the possibility that rights owners might proceed against users whose actions infringe their rights. In many cases this will require the cooperation of ISPs and a major component of the Digital Economy Act 2010 is concerned with the manner in which this process might be managed.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter is concerned with the restrictions placed on the copyright owners’ ability to exploit and use their work. It first considers the various mechanisms that are used to regulate contracts between authors and entrepreneurs and then assesses the impact of competition law on the ability of copyright owners to exploit their works. It also looks at the ways in which copyright contracts are regulated with respect to users of copyright, along with the issue of orphan works. The chapter concludes by outlining the different controls that are imposed on collecting societies.

Chapter

This chapter examines the subsistence of copyright. Subsistence is a central requirement for copyright protection — unless it is established that copyright subsists in one's work, one cannot make a viable claim that someone else has used one's work without permission. Section 1 of the Copyright, Designs and Patents Act 1988 (CDPA) declares that copyright is a property right which subsists in an exhaustive, or closed, list of eight different categories of ‘work’: original literary, dramatic, musical, or artistic works; sound recordings, films, or broadcasts; and the typographical arrangement of published editions. Originality is the paramount criterion of copyright protection. For this reason, there are a great many cases that consider how to define the level of originality required for a piece of literature, drama, music, or art to be protected.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with the conditions under which copyright law might protect designs as well as the limitations on the term of design protection. It first considers the subsistence of copyright in designs via two routes: either directly, by protecting the form and decoration of articles as artistic works (particularly sculptures, engravings, or works of artistic craftsmanship), or indirectly, by protecting the author of a preliminary document on which a design is based. It then discusses section 52 of the UK Copyright, Designs and Patents Act 1988, which limited the term of protection of copyright for mass-produced designs to twenty-five years, and its demise.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter considers the question of what amounts to copyright infringement, first by discussing ‘primary’ infringement and ‘secondary’ infringement. It then explains the three criteria used to determine whether copyright in a work has been infringed: whether the defendant carried out one of the activities that falls within the copyright owner’s rights; whether there is a causal link between the work used (that is, reproduced, issued, rented, performed, communicated, or adapted) by the defendant and the copyright work; and whether the restricted act has been committed in relation to the work or a substantial part thereof. It also looks at the European approach to finding infringement in relation to authorial works and compares it with the British approach before concluding with a description of non-literal copying of such works.

Chapter

This chapter introduces the European law of copyright and related rights with an overview of its basic principles. It then considers the European (EU) statutory framework governing copyright and related rights and the policy agenda of the European Commission on which it is based, including the Commission’s digital single market initiatives. The chapter then concludes with a wider discussion of the EU’s response to the challenges posed by globalization and digital technology. The picture to emerge is one of ever-growing legislative fragmentation off-set by ever-growing substantive harmonisation as a result of thirty years of active EU law- and policy-making, including a large number of policy communications and harmonizing directives, the ratification of several international agreements, and almost daily decisions from the Court of Justice.