Copyright and specfic rights

13 April 2010

Copyright law and what to do if your work is copied

Part 1

UK copyright law can be found contained in the splendid Copyright, Designs and Patents Act (as amended) 1988 (CDPA).

The CDPA protects creative people and in particular the following works (a) original literary, dramatic, musical or artistic works, (b) sound recordings, films, broadcasts or cable programmes, and (c) the typographical arrangement of published editions. If you can claim to have rights in these works, you have the exclusive right to do various acts specified in the CPDA as these are acts restricted by the copyright in a work of that description.

In addition you certain rights subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright namely (a) section 77 (right to be identified as author or director), (b) section 80 (right to object to derogatory treatment of work), and (c) section 85 (right to privacy of certain photographs and films)

What is a literary work?

A literary work means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes (a) a table or compilation, and (b) a computer program; a dramatic work, includes a work of dance or mime; and a musical work means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

What is an artistic work?

An artistic work means (a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality, (b) a work of architecture being a building or a model for a building, or (c) a work of artistic craftsmanship. The Act provides some examples for example a building includes any fixed structure, and a part of a building or fixed structure; graphic work includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work; whereas a photograph means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film and finally a sculpture includes a cast or model made for purposes of sculpture.

What is a sound recording and what is a film?

A sound recording means (a) a recording of sounds, from which the sounds may be reproduced, or (b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced; and a film means a recording on any medium from which a moving image may by any means be produced. Copyright does not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film.

What is a broadcast?

A broadcast means a transmission by wireless telegraphy of visual images, sounds or other information which (a) is capable of being lawfully received by members of the public, or (b) is transmitted for presentation to members of the public; and references to broadcasting shall be construed accordingly.

What is a cable programme?

A cable programme means any item included in a cable programme service; and cable programme service means a service which consists wholly or mainly in sending visual images, sounds or other information by means of a telecommunications system, otherwise than by wireless telegraphy, for reception at two or more places (whether for simultaneous reception or at different times in response to requests by different users), or (b) for presentation to members of the public.

Michael Coyle is a Solicitor Advocate and can be contacted at Michael.coyle@lawdit.co.uk <mailto:Michael.coyle@lawdit.co.uk>