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Copyright: Authorship, Ownership and Term (2.1) - Coggle Diagram
Copyright: Authorship, Ownership and Term (2.1)
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Computer-Generated Works
S.9(3) CDPA:
- The author of a literary, dramatic, musical or artistic work which is "computer generated" is "the person by whom the arrangements necessary for the creation of the work are undertaken
S.178 CDPA 1988:
- 'Computer-generated', in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work'
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Ownership
First Ownership - Basic rule - S.11(1) CDPA:
- The authorship of a work is the first owner of any copyright in it
First Ownership - Works by Employees - S.11(2) CDPA:
- Where a litererary, dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary
- Distinguishing between employees and independent contractors
- When will a work be created "in the course of employment"
- Stephenson, Jordan & Harrison Ltd v MacDonald & Evans [1952]
- Noah v Shuba
Joint Authorship
S.10:
- ...[A] "work of joint authorship" means a work produced by the collaboration of 2 or more authors in which the contribution of each authors in which the contribution of each other is not distinct from that of the other author or authors
- ... A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast (see S.6(3))
Joint Authorship - New Developments:
- Kogan v Martin
- (a) Collaboration
- (b) Authorship
- (c) Contribution
- (d) Non-distinctness of contribution
Terms
Term of Copyright - Basic Rules - ss.12-15:
- Entrepreneurial works/related rights - fixed terms:
- Sound Recordings - S.13(a)(2)(b) and (c) CDPA
- Broadcasts - S.14(2) CDPA
- Typographical Arrangements - S.15 CDPA
Term: Films:
- Prior to the Term Directive, the author was producer and protection was 50 years
- Art 2(1) Term Directive - Principle director to be one of the authors
- CDPA S.13(b)(2)
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Term: Moral Rights
- Moral Rights - The rights of integrity and attribution subsists as long as copyright subsists - S.86(1) CDPA
Peterpan - S.301 CDPA 1988
- The provisions of Schedule 6 have effect for conferring on a right to royalty in respect of the public performance, commercial publication or communication to the public of the play "Peter Pan" by Sir James Matthew barrie, or of any adaptation of that work, notwithstanding that copyright in the work expired on 31st December 1987