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6023 results in Facet Publishing

Page 155 of 302

  • Section 11 - Computer programs, the electronic world and websites

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 161-180

  • Summary

    What is the difference between electronic material and databases?

    It is very important to distinguish between electronic material and databases. One is the format in which a work is stored or transmitted; the other is a form of a work itself. There are many works which are electronic but not databases and equally many databases that are not electronic! This chapter tries to deal with some of these questions but users of this book should realize that this is a constantly changing situation and the subject matter, questions and answers are all moving targets. Because the term ‘electronic materials’ can cover works in electronic form, computer programs and databases these items will be dealt with separately within the usual headings in this chapter, although they are all linked together in some respects.

    Is copyright very different for electronic materials?

    The answers to many copyright questions that arise in the electronic world are exactly the same as those to the questions that arise in the more traditional paper-based world. However, some issues are peculiar to electronic materials and some of the answers which are clear in the paper world are not so obvious when we deal with electronic materials. Many of the exceptions described in other chapters are exceptions to copyright; database right is completely separate and these exceptions do not apply to databases unless they are (rarely) copyright works.

    Computer programs

    Are computer programs a separate sort of work?

    In some ways but not in others. Although computer programs are classed as literary works, some special conditions apply. They are literary works because the definition of a literary work is that it is ‘written, spoken or sung and recorded in some notation or code’. Computer programs are a series of 0s and 1s so this is a code which is recorded.

    What about computer programs which have been printed out?

    These are literary works. See Section 4.

    A lot of work goes into preparing the design of a computer program. Is that protected as well?

    The preparatory work would in any case be considered as a literary work, and the law specifies that this type of work is protected.

  • Section 6 - Sound recordings and performers’ rights

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 109-120

  • Summary

    Definition

    What is the definition of a sound recording?

    The definition of a sound recording is not limited in any way by format. It is any form of recording of sounds from which sounds may be reproduced. So it includes wax cylinders, vinyl discs, audio cassettes, compact discs and DVDs. It also includes sounds recorded and stored in digital form from which sounds can be reproduced.

    Do the sounds have to be human voices or produced by musical instruments?

    No. The sounds could be of birdsong or a steam train for example.

    Authorship

    Remember that this section applies to the recording and not to the content. Any music or words recorded will be protected as literary or musical works (see Sections 4 and 6.7)

    Who is the author of a sound recording?

    The producer. Remember this is only the physical record, content of the recording is a separate matter.

    Who counts as the producer?

    This term is defined as the ‘person by whom the arrangements necessary for the making of the sound recording are made’.

    Does the producer of a sound recording enjoy moral rights?

    No.

    Ownership

    Who owns the copyright in a sound recording?

    It is owned by the recording company that produced the physical carrier of the recording if it is a commercial recording. If it is produced privately by an individual, then the individual owns the copyright. See also Section 3.19 for unpublished materials bequeathed to archives and libraries. If the recording is subject to extended or revived copyright (see Section 6.31) then special rules apply.

    Who owns the content of a sound recording?

    It is very important to distinguish between the copyright in the sound recording and the copyright in the material recorded.

    A Examples: A recording of a song by the Beatles has all sorts of copyrights – the song, the music, the arrangement and the performance. In addition, there is a copyright in the actual sound recording, which is quite separate. Similarly, an interview for an oral history project has a copyright in what the person said, which belongs to the person interviewed.

  • Section 12 - Other matters

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 181-184

  • Summary

    International treaties

    What importance does international copyright have? Technically there is no such thing as ‘international copyright’. Each country has its own copyright laws but most major countries belong to some or all of the three international conventions. Under these treaties and conventions each country protects the works produced in other countries as if they had been produced within its own borders, although usually works are not protected in a country for longer than they would be in the country of origin. So if a work is produced in a country where protection lasts for 50 years but is imported into a country where protection lasts for 70 years, then the work would still be protected for only 50 years in that country.

    Which are these three major conventions?

    The Berne Copyright Convention, the Universal Copyright Convention (UCC) and the Trade-Related Intellectual Property Rights (TRIPS) element of the World Trade Agreement. A fourth, the World Intellectual Property Organization Copyright Treaty, was agreed in 1996.

    Are there any countries which do not belong to any of these conventions?

    Yes, but the number is decreasing all the time. Those where representatives have not signed one or more treaties cannot benefit from the liberalization of trade planned under the World Trade Agreement, so there is an incentive to reform or improve national copyright laws in most countries.

    If a country does not belong to one of these treaties does this mean that their publications can be copied?

    Perhaps. Although not all countries belong to one of the international treaties, one or two have signed bilateral agreements with the UK for mutual protection. It is best to check the latest SI (see Section 1).

    What is the importance of the copyright symbol (©)?

    The idea of the © symbol is to indicate that the work was protected by copyright in the country of origin and has been registered for copyright protection. This is important under the UCC as publications without the symbol are not regarded as protected. The symbol is chiefly important on publications from those countries that belong to the UCC but not to Berne.

  • Section 9 - Databases

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 139-148

  • Summary

    Definition

    What is the definition of a database?

    A database is defined as: ‘a collection of works, data or other materials which:

  • • are arranged in a systematic or methodical way and

  • • are individually accessible by electronic or other means’.

    • Are databases protected by copyright?

    Databases can certainly be subject to copyright but they are also subject to a quite separate database right.

    Can a literary work also be a database?

    Yes, it can. In order to be recognized as a literary work, a database will be eligible only if it is original (a vital test for copyright protection) and the selection of the contents and arrangement of the database constitutes the author's own intellectual creation. In this case the database will acquire copyright protection. The courts have also ruled that if a database is the work of an individual but that person was acting under strict instructions then the work does not qualify for copyright, only database right.

    Must a database be electronic to be protected?

    Definitely not. The phrase ‘other means’ makes that very clear. Databases in paper or audio format, for example, are also protected.

    Copyright and database right

    Are all databases protected by database right?

    All modern ones will be, but some databases which are quite old (established before 1983) qualify only for copyright under the term ‘compilation’ (see Section 4.24 for compilations).

    How does something qualify for database right?

    To qualify for database right the contents of the database must have been assembled as the result of substantial investment in obtaining, verifying or presenting the contents.

    Does investment just mean money?

    No. Investment specifically includes financial, human or technical resources.

    Does ‘obtain’ mean you must get the data from somewhere else?

    Yes, and this is a vital point about databases. It has been ruled that in order to claim database right you must obtain the data. Obtaining means that it already exists. Anyone who creates a database from scratch cannot claim database right, only copyright.

    Example: Someone makes a list of retail outlets in a town (see Section 9.29). This forms a database and qualifies because the person making the list obtained the data about the shops.

  • Section 3 - Rights and limitations

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 13-22

  • Summary

    This section looks at what rights authors and owners of copyright enjoy under the law.

    What is the difference between authorship and ownership?

    Authors and owners may, or may not, be the same person. They enjoy different rights, so the distinction is important. As authors are defined differently for different types of work, they will be dealt with separately under each heading. However, despite some variations, their moral rights are similar in most circumstances so they will be covered in this section. This section then sets out who the owner is and what the owner is entitled to do exclusively in law. The rights enjoyed by authors are called ‘moral rights’ and are generally very weak in UK law. On the other hand, owners enjoy a whole range of rights which are economic in nature. The limitations to these rights are then dealt with in Section 4.

    Moral rights

    What are moral rights?

    Moral rights are designed to protect the idea that anything created contains an element of ‘self’ in it. Therefore the author ought to be able to protect certain aspects of a work. Although the law is complex in this area and most library services may not think they have major concerns with moral rights, the growth of electronic information sources, Open Archives, Creative Commons and similar systems makes an under - standing of moral rights important for all information services.

    What are these rights?

    Essentially they give the author the right to protect their work from being abused or their reputation from being sullied.

    What specific rights do authors have?

    Basically, authors have a right to prevent their work being distorted by additions, deletions or changes to its meaning. They also have the right not to have works they did not create attributed to them and prevent anyone else claiming to be the author of their work. They also have the right to prevent their work being used in a way that would bring their reputation into disrepute.

    What about making sure their name is included in a work?

    Rather surprisingly, this is not an automatic right of the author. It applies in certain contexts only and will be dealt with under each type of copyright material in the following sections.

  • Section 10 - Licensing schemes and licences

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 149-160

  • Summary

    How do licensing schemes and licences work?

    The situation relating to licensing schemes and licences is changing all the time. This section simply outlines the major schemes and licences, how they work, and what benefits and limitations they bring. Details of individual licensing schemes need to be obtained from the relevant agency or organization. Details of appropriate websites and addresses are given in ‘Useful sources of information’. The outline information in this chapter is current as at Spring 2015.

    What is the difference between a licensing scheme and a licence?

    A licensing scheme covers a defined range of works and is offered to a particular class of organization (government departments, academic institutions), which anyone who is in the class named can join. A licence is more often an agreement between the copyright owner and an individual user. Their terms may be similar to a licensing scheme but are usually tailored to the specific needs of the user.

    Licensing schemes

    What is a licensing scheme?

    It is a scheme that allows someone who is not the copyright owner to use copyright material beyond the limits of the law with the permission of the copyright owner, which is obtained through a licence issued by an organization on behalf of the copyright owner.

    Who administers such schemes?

    They are administered by different organizations, which can change. They are briefly described in the following paragraphs. In addition copyright owners can, and do, issue their own independent licences. These may be ‘one-off’ owners of copyright or large organizations such as the BBC or OS.

    Are licensing schemes relevant to libraries?

    Certainly, because any licence held by the organizcation that owns or administers the library may include copying carried out in the library or by library staff. But it is unusual for licensing schemes to be only for the library. The library is part of a larger organization, which is licensed as a whole.

    Do libraries have to abide by the rules of such licences?

    Yes. They represent a contract between the licensing agency and the licensee.

  • Section 8 - Broadcasts

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 131-138

  • Summary

    Definition

    What is the definition of a broadcast?

    The definition of a broadcast is ‘an electronic transmission of visual images, sounds or other information which is transmitted for simultaneous reception by members of the public and is capable of lawfully being received by them or is transmitted at a time determined solely by the person making the transmission for presentation to members of the public’.

    What about the content of the broadcast?

    This is protected quite separately. For example, a modern play is broadcast on radio or TV. The copyright in the play and the performing rights of the actors are all treated separately but the electronic signal that carries the programme attracts rights as a broadcast.

    Some people used to say websites were broadcasting. Is this still true?

    No. The law specifically states that any internet transmission is excluded from the definition of a broadcast unless it is:

  • • a transmission taking place simultaneously on the internet and by other means

  • • a concurrent transmission of a live event

  • • a transmission of recorded moving images or sounds forming part of a programme service offered by the person responsible for making the transmission, and is part of a service transmitted at scheduled times determined by that person.

    • This is rather wordy so some examples might help. A film is being shown on TV and simultaneously can be watched on your PC via the internet; a horse race can be watched on both TV and via the internet on your PC; a website is designed so that you can view and listen to items on it only at times fixed by the website manager. In all these cases transmission is considered as a broadcast, not internet transmission. As mentioned in Section 4, in a nutshell, broadcasting takes precedence over internet transmission when determining the status of a transmitted work.

    What about services where you can listen to a programme later on rather than when actually transmitted?

    Services such as BBC iPlayer are not broadcasts as such, but the content of them is protected as copyright works which have been communicated to the public by electronic means.

  • Introduction

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp xv-xvi

  • Summary

    The 1988 Copyright Designs and Patents Act (CDPA) and the many subsequent SIs which interpret and modify it differ substantially from the Copyright Act, 1956. However, some aspects of this old Act still apply to some materials, as do some clauses of the 1911 Act, so it should not be ignored completely. Many definitions have changed and new rights have been introduced. Licensing as a concept is now also a major feature of information delivery but it was in its infancy in 1988.

    Users are asked to note that some of the terms used in the Act are not ones that the author would choose to use. Particularly the term ‘disabled person’ is one that is controversial, but this is the term used in the law so it has been used throughout the book.

    The introduction of new legislation often has the effect of heightening awareness of the subject, making people keener to know their rights and privileges and generally creating an atmosphere of extreme caution in case anyone puts a foot wrong and ends up in court. While this is a good thing, nobody should become too paranoid. Although there has been a recent tendency for copyright infringement cases to be heard in criminal courts, this is usually where important commercial considerations apply, such as republishing or reproduction in bulk for commercial purposes. Criminal proceedings may also be taken for circumventing or tampering with electronic rights management systems. Most infringements of copyright by individuals are dealt with through the civil courts, if events reach that stage, so that the rights owner must take legal proceedings if it is thought an infringement has taken place. As there are no cases at present involving libraries in the UK, it would be reasonable to assume that a similar route would be taken, given that libraries are not, or should not be, involved in mass reproduction for commercial gain!

    The Act and its supplementary legislation also set the stage for a completely new approach to the use of copyright material. We may know what the law says (even if we do not always know what it means!) so there is now the necessity to develop services outside the exceptions which the Copyright Act makes by talking to the licensing agencies and other rights owners’ organizations to negotiate use of material in return for royalties.

  • Section 5 - Artistic works

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 89-108

  • Summary

    Definition

    What is the definition of an artistic work?

    The definition of artistic works is given in the CDPA as:

  • • graphic works such as paintings, drawings, diagrams, maps, charts and plans, engravings, lithographs, etchings or woodcuts, sculpture, collage; this includes the surface design of manufactured products such as pottery and textiles

  • • photographs (including slides and negatives as well as microforms)

  • • architectural works (including buildings of any kind)

  • • works of artistic craftsmanship such as jewellery or pottery.

    • Does the work have to have some artistic quality to be protected by copyright?

    No, but see the notes below on works of artistic craftsmanship where the situation is somewhat different. Otherwise quality is not a requirement but the usual tests of originality and showing some skill and creativity apply.

    What is the definition of a photograph?

    A photograph is defined as: ‘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’.

    Do microforms qualify for copyright?

    Certainly. A microfilm or microfiche (‘microforms’ for short) is a photograph and attracts copyright in the same way as a photograph itself. A microfilm containing several different documents may also be a database (see Section 9).

    What happens if the work which has been microfilmed is still in copyright?

    There are then two copyrights, one in the original document and one in the microform. To make the new copy would require the consent of the original copyright owner.

    Supposing the work that has been microfilmed is out of copyright?

    There is probably still copyright in the microform as a photograph even though the work photographed is out of copyright. Some authorities argue that there is no copyright in the photograph of a ‘flat’ object such as a document but others would argue that change of medium (from paper to photograph) requires sufficient skill to create a new original work.

  • Section 7 - Films and videos

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 121-130

  • Summary

    Definition

    What is the definition of a film?

    The definition of a film includes anything from which a moving image can by any means be produced. This covers film of all kinds, video, DVD and any other new technologies which produce moving images. Presumably it would also cover devices such as ‘What the butler saw’ too! Despite its name, a microfilm is not a film but a photograph!

    Note that until July 1957 (when the 1956 Act came into force) films were protected only as a series of photographs.

    Authorship

    Who is the author of a film?

    The producer and the principal director. It is presumed that all films have both producers and principal directors and therefore all films are treated as having joint authorship, unless these two functions are performed by the same person. This applies only to films made on or after 1 July 1994. Before that date the author is defined simply as ‘the person responsible for making the arrangements necessary for making the film’.

    Do the authors of films enjoy moral rights?

    Yes, the producer and principal director both enjoy moral rights in the same way as authors of literary works. See Section 3.

    Ownership of copyright

    Who owns the copyright in a film?

    See Section 3 on ownership for more detailed information. Ownership of many rights in a film depend on the contracts between the various people who made the film. Remember that the film has many copyright elements.

    Example: A filmed interview with a song-writer contains several performances of the song-writer's songs and an extract of a film containing performance of some of these songs. The song-writer may own the copyright in his or her words in the interview and the words and music of the songs; the person making the TV programme owns the copyright in the programme as a whole and the film maker owns some elements at least of the copyright in the extract of the film included in the programme. However, if the film is made by a private person then that person owns the copyright in the film. See also Section 3.19 for unpublished materials bequeathed to archives and libraries.

  • Section 4 - Literary, dramatic and musical works

  • Graham P. Cornish
  • Book:
    Copyright
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    17 June 2015, pp 23-88

  • Summary

    Why are these three grouped together?

    Because they are all treated in a similar way under the Copyright Act, although there are some differences for some specific areas. In addition, a printed and published text also has a copyright in the typographical arrangement of the work concerned, regardless of the copyright status of the content. Any literary work that also qualifies as a database is subject to special rules. See Section 9 for details.

    Definitions

    Literary works

    What is a literary work?

    The term ‘literary work’ includes anything made up of words or characters that are written in any form such as books, journals, technical reports and manuscripts, and covers any works that are spoken or sung. It also includes compilations (where these do not qualify as databases – see Section 9) as well as computer programs and text stored electronically. The handwritten notes of an author are protected just as much as the final printed book.

    Does ‘literary’ mean it has to be good quality literature?

    No. Copyright law says almost nothing about the quality or content of the work, although case law shows that trivial works are not eligible for protection. Literary means anything that is written, spoken or sung which has been recorded, whether in writing or some other notation or code. This is why a computer program is considered a literary work in legal terms. It also includes items such as knitting patterns.

    What about books or articles written in scripts like Japanese, Chinese or Arabic, which many people in cultures using the Latin alphabet cannot read?

    This makes no difference. They meet the criteria of written in a notation or code. Just because some people cannot read them it does not mean others cannot! People whose language is recorded in scripts other than the Latin alphabet will have the same view.

    What about databases? Are these covered by copyright?

    They may sometimes be covered by copyright but they are definitely covered by database right as a separate type of work. See Section 9 for details.

    Are bibliographic records covered by copyright?

    This is a difficult question and has never been clarified in law. The question is: Is a bibliographic record ‘original’?

Page 155 of 302