Copyright

KNOWLEDGE SHARE – UNITED KINGDOM
(e) Broadcasts:
• 50 years from the end of the calendar year in which the broadcast
is made.
(f) Typographical arrangement or published additions:
• 25 years from the end of the calendar year in which the edition
was first published.
Some of these timeframes will change in respect of works with an
unknown authorship.
4. What rights are available for 3D designs?
3D designs are largely removed from protection under copyright
unless they are artistic works. Even these are fairly limited although
some examples include; works of artistic craftsmanship, sculptures or
engravings.
5. Are there any works which are automatically deemed to be “in
the public domain”?
Generally speaking these would be works in which the copyright term
has expired or works which did not qualify for copyright protection
in the first place. There are also some government works which could
qualify under the heading “works in the public domain” from the
moment of creation.
6. What different types of rights are available?
Moral rights
• These rights apply to literary, dramatic, musical or artistic works
and films. They allow the owner of the rights (usually the author)
to:
(i)
Be identified as the author or director of a work, (sections
77 to 79, CDPA).
(ii) Object to derogatory treatment of a work (sections 80 to 83,
CDPA).
(iii) Not suffer false attribution of a work (section 84, CDPA).
(iv) Privacy, in relation to some photographs and films (section
85, CDPA).
Artist’s resale rights
• These rights enable artists (and their successors in title) to
claim a percentage of the sale price, net of tax, in works of art
are resold in transactions involving market professionals.
7. Who is the initial owner of a work?
The initial owner of a work is normally the author. However, this
would not be the case if, amongst other reasons, the author was an
employee and created the work in the course of his employment.
This can be a big problem for small business who do not want to
commit to the responsibility of a full time employee, and instead use
freelancers for a lot of their creative work. Without an agreement to
the contrary, the freelancer will own the copyright in the work as first
author and problems can frequently occur if relations between the
parties turn sour.
8. What acts are restricted in respect of a work protected by
copyright?
The following are considered acts of “primary infringement” under
section 16(1) of the CDPA:
• Making copies of a work.
• Issuing copies of a work to the public.
• Lending or renting the work to the public.
• Playing, preforming or playing a work to the public.
• Communicating the work to the public.
• Making an adaption of a work, or doing any of the acts listed
above in relation to an adaptation.
It would also amount to copyright infringement if you authorised
another person to do any of the above.
38 THE COPYRIGHT LAWYER CTC Legal Media