39 results
A survey into the influence of dopaminergic drug exposure on ‘sense of presence’ symptoms in patients with parkinson's disease
- Emma Padfield, Hannah Potticary, Tim Segal
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Aims
The first objective was to estimate prevalence of sense of presence (SoP) experiences in patients with Parkinson's Disease (PD), including whether onset was prior to or after commencing dopaminergic medication. The second objective was to explore the relationship between frequency of SoP experiences and dopaminergic drug, drug dosage and length of drug exposure. The experimental hypothesis was that SoP symptoms in PD would present more frequently in patients treated longer and with higher dopaminergic drug doses.
BackgroundPD is a debilitating neurodegenerative disorder. Psychiatric symptoms are common and associated with impaired quality of life and higher treatment costs. PD psychosis often starts with ‘minor hallucinations’, the most common being a false ‘sense of presence’ (SoP), the vivid sensation that someone else is nearby when nobody is there. SoP symptoms typically do not cause significant distress but may act as a prognostic marker for future severe psychosis and may prompt alteration of treatment or reduction in dopaminergic drug dosage. This study aimed to extend prior research by characterizing SoP further and investigating the link with dopaminergic medication.
MethodThis was a retrospective, cross-sectional study. Twenty-one patients diagnosed with PD completed a questionnaire to identify presence of SoP symptoms, duration of symptoms, timing of onset related to dopaminergic treatment and the frequency of symptoms in relation to current levodopa equivalent dose (LED). Descriptive frequencies were compared using a two-tailed t-test. Multiple regression analysis was conducted to assess the relationship between frequency of SP experiences, levodopa equivalent dose and length of drug exposure.
ResultSixteen of twenty-one patients reported experiencing SoP symptoms. Patients who had not experienced SoP symptoms had a significantly lower LED than those who had experienced these symptoms. There were no other significant differences between the groups. No statistical significance was shown on regression analysis; however our study was not adequately powered for the regression analysis as the number of participants was too low.
ConclusionThis study confirms that SoP symptoms are common among patients with PD and supports a correlation between the total daily equivalent dose of levodopa and SoP symptoms. It does not provide evidence for a temporal relationship between onset of SoP symptoms and duration of dopaminergic treatment. The study was insufficiently powered and a larger study is required to investigate further.
11 - Authorities
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Treaties and EU instruments
For the texts of conventions and directives see the websites of Europa, WIPO and World Trade Organization (see 10.3).
1886 Berne Convention for the Protection of Literary and Artistic Works, Paris Act 1971
1948 Universal Declaration of Human Rights
1952 Universal Copyright Convention, Paris Revision 1971
1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
1971 Geneva Convention for the Protection of Producers of Phonograms against unauthorised distribution of programme-carrying signals
1986 Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semi-conductor products
1991 Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (replaced by codified version of 2009)
1992 Directive 92/100/EEC of 19 November 1992 on rental and lending right and on certain rights relating to copyright in the field of intellectual property (replaced by codified version of 2006)
1993 Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable re-transmission
1993 Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (replaced by codified version of 2006)
1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement)
1996 Directive 96/9/EC of 11 March 1996 on the legal protection of databases
1996 World Intellectual Property Organization (WIPO) Copyright Treaty
1996 World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty
2001 Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
2001 Directive 2001/84/EC of 27 September 2001 on the resale right for the benefit of the author of an original work of art
2001 Council Regulation (EC) No 4/2001 of 22 December 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
2002 Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
2003 Directive 2003/98/EC of 17 November 2003 on the re-use of public sector information (amended by 2013 Directive)
2003 Council Decision 2003/239/EC of 18 February 2003 on the conclusion of an agreement extending to the Isle of Man the legal protection of databases
8 - Other intellectual property rights
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Moral rights
Definition
Moral rights are the rights, even more intangible than copyright (see 1.1.5), that attach to the author's personality as expressed in his or her work. They are based on the idea that the products of the human mind and spirit are so closely tied to the personality of the author that protection is needed, since the corruption of the one inevitably damages the other. They are of great importance in some parts of Europe, notably France where the ‘droit d'auteur’ is in some respects perpetual so that a successful action could be brought against a recording of a jazz version of an opera by Rameau, who died in 1764.
Moral rights have been of less significance in the UK, where emphasis has traditionally been given to economic rights rather than the personality of the author (see 1.1.1). As a result, they were not for the most part recognised in the UK until the passing of the 1988 Act. Some of the elements of moral rights were covered by such things as the law of defamation and the common law (see 8.1.7, 8.1.10), but copyright law was largely silent on the subject except through the creation by the 1956 Act of a civil offence of false attribution of a copyright literary, dramatic, musical or artistic work. Action had to be taken in 1988 in order to bring the UK into line with the provisions of the Paris Act (1971) of the Berne Convention (see 1.2.6). The result is a group of rights strictly limited in application and scope, which apply to the author as an individual. They are the right of attribution (to be identified as the author), the right of integrity (to object to changes to the work), the right to object to false attribution, and (not really a moral right at all) the right of privacy of a person who commissions certain photographs or films.
For moral rights in performances see 8.1.11, 8.5.3.
1956 s43; STIL v Universal Music, 2007
Importance for archives
For the most part moral rights do not have a direct bearing on the work of archivists but they could affect anyone wishing to publish or exhibit a copyright work, and since archivists may at times wish to do both things, and will be called upon to advise others who wish to do them, they must be aware of them.
Preface
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This book was written by a retired archivist who worked his entire career in one archival institution and who has had limited legal training. It does not constitute formal legal advice. Archivists and records managers should seek advice from a specialist intellectual property lawyer if they are in any doubt about their legal position or the legality of any action they might wish to take. Also, archivists and records managers themselves should always make abundantly clear to those who consult them that any advice they offer on copyright issues, including the subsistence and ownership of copyright in particular works, does not constitute legal advice or authority to use material protected by copyrights that they do not administer.
As this book is aimed at archivists and records managers, and at researchers in archives, and not at lawyers, it contains a lot of legal references. Although the primary authority for the law as set out here is statutes and statutory regulations, the UK legal system relies heavily for the interpretation of statutes on the decisions of judges in cases they have heard, including the judges of the Court of Justice of the European Union. As a result, the advice in this book on how the law is applied in particular circumstances derives largely from reports of those cases. The statutes and regulations alone are not enough.
The references to authorities (treaties, directives, statutes, statutory instruments, law reports) given in the footnotes to each paragraph are abbreviated; full citations appear in the table of authorities (see Chapter 11). Statutes are referred to simply by year (and, where necessary, a word), statutory instruments and regulations by their number and cases by title. There are also a few citations of legal opinions preserved in original documents; the full references are given at 10.1.
This new edition contains many relatively minor changes to the text, and it addresses some significant areas of change in an attempt to improve clarity or to reflect guidance from decisions in the courts by:
• revising the ‘key points’ about copyright
• giving more history about the meaning of ‘copyright’ (1.1.1, 1.2.1)
• giving more on the definition of copyright works, in particular the nature of an archival file (2.2.3) and the important distinction between films as recordings and as ‘cinematographic’ or audiovisual works (2.1.3–4)
List of figures and tables
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Key points
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There are some points about copyright which it might be helpful to set out in advance, though they are also covered in detail later in this book. Some of these points answer com -mon, elementary questions about copyright, so it is worth studying them carefully first:
• Copyright arises automatically. A work is in copyright as soon as it is created and no registration or formality is required, though an assertion of one of the moral rights is necessary (see 1.1.5, 8.1.5).
• Copyright protects works. These can be ‘authorial works’, which are original (see 1.1.6), works of the mind (literary, dramatic, musical and artistic works, and films as ‘cinematographic’ or audiovisual works), or ‘entrepreneurial works’ (films as recordings, sound recordings, broadcasts and typographical arrangements of published editions) (see 1.1.4). Some items consist of multiple works: an archival file rarely contains just one work (see 2.1.2, 7.9.1), a book has a typographical arrangement (see 2.6.15) and might have illustrations (see 2.1.2), and a film has a screenplay, music and the recording itself (see 2.4.2, 2.4.6). Copyright does not protect ideas or facts (see 2.1.4–5). There are also separate but related rights, such as moral rights, database right and performers’ rights (see 1.1.3, 8.1, 8.2, 8.5).
• Originality. Literary, dramatic, musical and artistic works must be original, intellectual creations of the author (see 2.1.6), but there is no requirement of quality whether literary, artistic or otherwise. The copying of an authorial work does not usually create a new work (see 2.1.7–11), and the copying of most entrepreneurial works expressly cannot do so (see 2.1.13–15), but the making of the copy might infringe (see 2.1.12).
• Owner. The first owner of copyright in an authorial work is usually the author, the creator (see 2.1.17–18, 3.2.1), but if the author of an authorial work is an employee who creates the work in the course of employment, the first owner of the copyright is the employer, whether an individual, a company or some other organisation (see 3.2.12–16).The first owner of copyright in an entrepreneurial work is the person or body that made the necessary arrangements, managerial or financial, depending on the nature of the work (see 1.1.6, 2.4.4, 2.5.4–5, 2.6.7–9, 2.6.12, 2.6.16, 8.2.8).
10 - Bibliography
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Documents
The National Archives (TNA)
C 11/1569/29 Bill of complaint of Alexander Pope in his action against Edmund Curll, 1741, available in Primary Sources on Copyright 1450–1900, ed. L. Bently and M. Kretschmer (see 10.3 Copyright History): 1.1.1
COPY 3/104–199 Stationers’ Hall Copyright Registers, 1862–1912: 2.1.18, 5.2.18
OS 1/6/2 Crown copyright in Ordnance Survey maps, 1883–1911: 5.3.3
T 161/241, file S25383 Copyright in the register of electors, 1924–5: 7.8.2
STAT 7/6 Crown Copyright, a memorandum by William Cox, Deputy Controller of HMSO, 1961: 3.2.28
STAT 14/44 Crown Copyright in Evidence Taken Before Committees and Commissions and Proceedings of Arbitration Courts, 1935–54: 3.2.28
Publications
Alexander, I. and Gómez-Arostegui, H.T. (2018) Research Handbook on the History of Copyright Law, Edward Elgar.
Bainbridge, D. (2018) Intellectual Property, 10th edn, Pearson.
Bently, L. and Sherman, B. (2014) Intellectual Property Law, 4th edn, OUP.
Cabinet Office (1998) Crown Copyright in the Information Age, Cm 3819, HMSO.
Caddick, N., Davies, G. and Harbottle, G. (2016) Copinger and Skone James on Copyright, 17th edn, Sweet & Maxwell.
Canons of the Church of England (2011), 7th edn, Church House.
Christie, A. and Gare, S. (2018) Blackstone's Statutes on Intellectual Property, 14th edn, Blackstone.
Copyright Law Review Committee (Australia) (2005) Crown Copyright, www.austlii. edu.au.
Cornish, G. P. (2019) Copyright: interpreting the law for libraries, archives and information services, revised 6th edn, Facet Publishing.
Cornish, W. R., Llewelyn, D. and Aplin, T. (2018) Intellectual Property: patents, copyrights, trade marks and allied rights, 9th edn, Sweet & Maxwell.
Cullingford, A. (2016) The Special Collections Handbook, 2nd edn, Facet Publishing.
Dyson, J. P. (annual) Writers’ Handbook, Dyson.
Electoral Commission (2006) Supply, Sale and Inspection of the Register of Electors: changes to 2001 Regulations, Circular EC06/2006.
Ficsor, M. (2003) Guide to the Copyright and Related Rights Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, World Intellectual Property Organization.
Gadd, I. (2018) The Stationers’ Company in England before 1710. In Alexander, I. and Gómez-Arostegui, H. T. (eds), Research Handbook on the History of Copyright Law, Edward Elgar.
Hirtle, P. B., Hudson, E. and Kenyon, A. T. (2010) Copyright and Cultural Institutions: guidelines for digitisation for US libraries, archives and museums, Cornell University Library.
Information Commissioner's Office (2015) Consideration of the Identity or Motives of the Applicant, https://ico.org.uk/media/for-organisations/documents/1145/ motive_blind_v1.pdf.
4 - Publication, exhibition and performance
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Publication
Significance and nature
The terms ‘publication’ and ‘published’ need to be approached with care because they are applied to different aspects of copyright law in rather different ways:
• Whether a work has been published or not is a matter that can affect its qualification for copyright protection (see 3.1).
• The act of publication of a previously unpublished work, which is irrevocable, may have consequences for the duration of copyright (so long as publication was authorised by the copyright owner).
• The lawful publication, anywhere in the EEA, of any particular copy of a work ‘exhausts’ the copyright owner's right in publication of that copy, so that a book may be sold secondhand for instance (see 5.1.3).
• Unauthorised publication of a work, whether previously published or not, is an infringement (see 5.1.3), but perhaps oddly does not result in an unpublished work becoming, for copyright purposes, a published one (see 4.1.9).
• First publication of an unpublished literary, dramatic, musical or artistic work or a film in which copyright has expired creates a new publication right for the publisher (see 8.3). However, if such a work is first published while still in copyright, publication right can never be applied to it.
Besides the issues outlined above, an archivist or records manager needs to be able to distinguish between published and unpublished works because the legal provisions concerning copying by libraries and archives differ between published and unpublished material, which affects how much of a work may be copied, by whom and for what purposes (see 5.4).
Directive 2006 (Term) art 4; 1911 s1(3); 1956 s49(2)(a); 1988 (CDPA) ss18(2), 175(6); SI 1996/2967 regs 16–17, 26(1)
‘The public’
‘The public’ has tended to be given quite a wide meaning by the UK courts, and could probably be taken to include a fairly restricted group of people so long as it was possible in principle for anyone, or anyone eligible (such as all women in the context of the Women's Institute), to join the group.
Index
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Acknowledgements
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1 - What is copyright?
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The nature of copyright
Introduction
According to the Oxford English Dictionary, copyright is ‘the exclusive right given by law for a certain term of years to an author … to print, publish or sell copies of his work’. Clearly, it is not merely the right to copy. Rather, the word ‘copyright’ derives from another meaning of copy, as in an advertiser's or journalist's ‘copy’, his or her material for the printer. The printers and the Stationers’ Company in the 17th century, the Statute of Anne in 1710 (see 1.2.1), the Copyright Act 1775 (see 2.2.33) and (until the mid-18th century) the courts all used the word copy to mean both the copy itself and the right in the copy, but by the time Alexander Pope brought an action in 1741 to assert his rights in his letters it seems to have become normal to treat the copy and the right as being distinct. So, as Dr Johnson put it in his Dictionary (1755), a ‘copy’ is ‘the autograph; the original; the archetype; that from which any thing is copied’, and ‘copyright’ is the right in the ‘copy’, the author's original creation.
The right to enjoy copyright protection is now regarded internationally as arising from natural justice, in accordance with the Universal Declaration of Human Rights of 1948, which states that ‘everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author’. Copyright also exists in order to benefit society generally, by providing an incentive for creativity as an encouragement for learning and the arts. It originated, though, with the much more immediately practical purpose of giving printing monopolies to protect the investments of printers. Then, in statutory form it replaced individual monopolies with a regime designed to outlaw the piracy of publications. In the UK, therefore, it has always been regarded as primarily an economic property right: the right of the owner to benefit from the fruits of his or her skill, judgement and labour. This is the ‘common law’ approach exported from the UK to Ireland, the Commonwealth and the USA, as distinct from the ‘civil law’, ‘author's right’ approach of most other European countries, which emphasises the protection of the author's personality as expressed in his or her work.
9 - Appendix
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Charts and tables for the duration of copyright
Literary, dramatic, musical and artistic works (excluding Crown copyright)
Notes
In general, for more detail for literary, dramatic and musical works see 2.2.16–20, and for artistic works see 2.3.12–18.
1 ‘Publication’ here means only the issue of copies to the public (see 4.1.3).
2 For photographs and engravings, ‘publication’ here means only the issue of copies to the public (see 4.1.3). For literary, dramatic and musical works, ‘publication’ here means the issue of copies to the public but is also used for convenience as a contraction and should be interpreted for the purposes of duration to include performance of the work in public (see 4.2.7), the offer of copies for sale to the public in the form of records (see 2.2.18), and broadcasting.
3 For the meaning of ‘made available to the public’ see 4.1.11.
Literary, dramatic, musical and artistic works in Crown copyright
Notes
In general, for more detail for literary, dramatic and musical works see 2.2.21–30, and for artistic works see 2.3.20–29.
1 For the meaning of ‘publication’ here see 4.1.3.
2 For the meaning of ‘commercial publication’ see 4.1.5.
3 ‘Publication’ here means only the issue of copies to the public (see 4.1.3).
Duration of copyright in Gibraltar, Guernsey, the Isle of Man, Jersey and the Republic of Ireland
Works by residents of or published in these countries are all protected by copyright in the UK. The Republic of Ireland is a member of the EU so UK terms apply directly to works originating there (see 7.1.1–5). In the Gibraltar and the Crown dependencies, most residents are British citizens and thus entitled to the full protection of UK law (see 2.1.28). For the most part, therefore, works of Gibraltarian, Channel Islands or Isle of Man origin should be treated in the UK the same as a work of UK origin (see 7.1.6–9).
In most cases, ‘publication’ in tables 9.1–9.4 include other appropriate means of making available to the public (see 4.1.11), such as performance or exhibition.
Gibraltar
Gibraltar is a self-governing overseas territory (see 3.1.2) of the UK, within the EU. The EU copyright directives apply and it is a full participant in the single market.
Frontmatter
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2 - Copyright protection
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Protection for works
Types of work
Copyright law classifies works into defined types, for which the provisions differ. For archivists and records managers the most important are literary, dramatic, musical and artistic works, films and sound recordings. Other types of work (broadcasts and typographical arrangements) present problems less often. The definitions themselves have varied with successive legislative changes, but those in the 1988 Act (as subsequently amended) normally apply to all works created before and still in copyright at commencement and are thus the only ones that need be of concern for most purposes. Cases where earlier definitions still apply (notably pre-1912 maps, see 7.14.2–3, and pre-1957 films, see 2.4.1) are set out in the descriptions of the appropriate categories.
1988 (CDPA) Sch 1 para 3
The nature of works
A single item may consist of more than one work, of different types. An academic journal, for instance, might contain several articles, each of which could be a separate literary work, together with illustrations, each of which could be a separate artistic work, and some music, which could be a musical work. The journal as a whole might qualify for protection as a compilation (see 2.1.10, 2.2.3), and will certainly have protection for its typographical arrangement (see 2.6.15). Similarly a song consists of music and words; each has its own copyright and there is no distinct copyright in the song as a whole although the same person may be the author of both (however, see 2.2.14). Also, each separate entry in a diary is a separate copyright work while the diary as a whole is another. In an archive, deeds, for instance, are primarily literary works, but any plans in or on them are separately protected as artistic works. Likewise, a single file might contain minutes and papers produced by the creating body, letters, drawings and photographs received from private individuals or other bodies and companies, and published papers and maps including some in Crown copyright. Each separate item would qualify as a copyright work with its own authorship, duration and ownership, so the use of the whole file could require permission from many different people and bodies (see also 2.2.3).
3 - Ownership
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Qualification
Requirements
Although a work might otherwise be eligible for copyright protection, by reason of such things as its originality and the date of its creation or publication or the date of the author's death, it only ‘qualifies’ for protection under UK law if particular conditions are fulfilled. In practice, most works in UK archives that are eligible for copyright also fulfill the qualification requirements and are therefore protected by the terms of UK law.
There are two grounds for qualification, the status of the author of the work and the place of publication, only one of which needs to be satisfied for the work to qualify, and both relate to the source country. Self-evidently, an unpublished work can qualify only on the basis of authorship. A qualifying country is one that provides copyright protection to a similar standard to that provided in the UK. The definition of a qualifying country was significantly amended in 2014, and is set out in revisions to the 1988 Act and in ‘application to other countries’ regulations of 2016.
For literary, dramatic, musical and artistic works, films and typographical arrangements, a qualifying country must be a party to the Berne Convention or a member of the World Trade Organization (WTO), which means most countries in the world.
For sound recordings and broadcasts, the protection available in the UK for works originating in some countries is limited by the exclusion of some of the provisions of the Act, since there is no equivalent provision for sound recordings or broadcasts in those countries. For sound recordings, qualification depends on whether a country is a party to one or a combination of the Rome Convention, the WIPO Performances and Phonograms Treaty or the Berne Convention, is a member of the WTO or is a ‘miscellaneous country’ listed in part 1 of the schedule to the 2016 Regulations. For broadcasts, there is similar provision depending on whether the country from which the broadcast is transmitted is a party to the Rome Convention, a member of the WTO or one of a few miscellaneous countries identified in the 2016 Regulations. Care is needed to check the category into which a particular country fits and then to study the 2016 Regulations to learn whether and to what extent protection is limited.
7 - Special cases
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Ireland, Channel Islands and Isle of Man
Republic of Ireland: copyright history
When the Copyright Act 1911 was passed it applied to southern Ireland as part of the UK. When the two parliaments for the south and north were established by the Government of Ireland Act 1920, copyright was a subject reserved by Westminster. That Act was repealed in 1922, when the south became a self-governing dominion within the British Empire. The 1911 Act applied to self-governing dominions only if their local legislatures decided that it should, and local legislatures could amend or repeal that or any other Westminster copyright legislation so long as no existing rights were prejudiced. The Irish Free State duly provided its own copyright law by the Industrial and Commercial Property (Protection) Act 1927. This applied retrospectively to works created on or after 6 December 1921 but material created before that date continued to be protected under the 1911 Act. The Republic of Ireland ceased to be a dominion in 1949 by the Ireland Act 1949, and since then the Republic has twice passed new copyright legislation: the Copyright Act 1963 (see 7.1.4) and the Copyright Act 2000 (see 7.1.5). Strong similarities to the law in the UK remain, however, because the law of the Irish Republic is rooted in the common law tradition (see 1.1.1, 1.2.2), and both countries are required to implement the harmonised aspects of European law, such as those for the duration of copyright (see 1.2.8, 2.1.28, 9.1.3).
1911 ss25, 26; 1920 s4(1); 1927 (Ireland) s174
Republic of Ireland: works created before 6 December 1921
The provisions of the Copyright Act 1911 continued to apply in the Republic, in particular to the subsistence of copyright and the ownership of it in works created in Ireland before 6 December 1921 (but see 7.1.5). This means that for works to which the 1911 Act continues to apply:
• The first owner of a commissioned engraving, photograph or portrait is normally the person who commissioned it (see 3.2.19).
• Ownership of copyrights assigned before 1 July 1912 may have reverted to the author's heirs (see 3.3.13).
6 - Copyright in the electronic environment
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Introduction
What is different about the electronic environment?
For many purposes, existing copyright law applies in the same way in the electronic environment as it does to traditional formats. Electronic materials are protected by copyright, and the copyright owners enjoy much the same rights over them as they do over works on paper. Users, too, enjoy much the same exceptions to copyright, allowing them to make use of copyright works for non-commercial research and private study for instance. There are good reasons, though, for discussing copyright in the electronic environment as a distinct issue:
• Although copyright rules still apply, it is very much easier to infringe and the consequences of infringement can be much more damaging, so rights owners are very much more inclined to be energetic in their efforts to prevent or punish infringement than they are with the older media.
• The nature of the internet as a global communications medium makes copyright, an essentially territorial right which differs from country to country, very difficult to apply.
• The 1988 Act was first drafted in a pre-digital age though much effort has gone into keeping it up to date. It is normally, but not always, safe to assume that a permitted act is permitted in any medium, so that for instance copying may be digital as well as hard copy.
• Some special provisions have been made in the law that apply only, or particularly, to electronic materials.
Use of electronic materials
Since for the most part the law applies to electronic works in the same way as to paperbased ones, the same uses are allowed. Thus, fair dealing (see 5.3.9–16, 5.3.21) and library and archive copying (see 5.4) are permitted, unless there are special provisions restricting them, as there are, for instance, with public record databases (see 8.2) and legal deposit of non-print works (see 7.15). However, it should be borne in mind that fair dealing for the purposes of private study and non-commercial research is limited to those purposes, as is copying under the library and archive regulations, for the use of a single individual only.
5 - Use
- Tim Padfield
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- Book:
- Copyright for Archivists and Records Managers
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- 22 February 2020
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- 21 October 2019, pp 125-208
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Summary
The copyright owner's rights and infringement of them
Introduction
The law of copyright gives certain rights to the owner of the copyright in a work, but users of a copyright work do not themselves have rights. Rather, in accordance with the common law tradition of the public having liberties rather than rights, they can exercise certain freedoms granted to them by the law, which limit the rights of the copyright owner in various ways.
The copyright owner has the exclusive right for the limited term of copyright to do the things set out below with his or her copyright work, and to allow other people to do them (see 5.2.2). These rights are subject to the exceptions and limitations that set out the freedoms available to users (see 5.3 and 5.4) and are subject also to the rights of others (see 1.1.3). Some of these rights, known as ‘acts restricted by copyright’, are dealt with in more detail elsewhere, as shown. Carrying out any of these acts with a substantial part (see 5.3.3–7) of a copyright work without permission and outside the scope of the exceptions and limitations is an infringement (see 5.1.9–17).
Copying
The copyright owner has the exclusive right (see 5.1.1) to copy or authorise the copying of a substantial part of a work of any type (but see 5.3, 5.4). This includes any form of copying including, for instance, manual transcription, tracing, scanning, digitisation and the saving of a copy within a computer (see also 2.1.3, 5.1.8). A transient copy made by a computer simply in order to display a work on screen should not infringe (but see 6.1.2), nor does a copy made by an internet service provider in innocently transmitting a work. There is no infringement by making a similar, or even identical, work independently, but if the author of the new work had access to the earlier one he or she is assumed to have copied, even if unconsciously (and thus infringed) in the absence of evidence to the contrary (see 2.1.8, 2.1.12).
The unauthorised copying of a three-dimensional work in two dimensions (and vice versa) is certainly an infringement only if it is an artistic work. It would therefore be an infringement to make a topographical model from a map.
Contents
- Tim Padfield
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- Book:
- Copyright for Archivists and Records Managers
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- Facet
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- 22 February 2020
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Copyright for Archivists and Records Managers
- 6th edition
- Tim Padfield
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- 21 October 2019
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As an archivist or records manager it is essential to keep up to date with the complexities of copyright legislation, and Copyright for Archivists and Records Managers has been described as an 'unparalleled' resource for that purpose.What is copyright? Who owns it and for how long? What rights does it confer, and what are the limitations and exceptions? This comprehensive manual uniquely outlines copyright law in the UK with special reference to the unpublished materials commonly found in archive and records collections such as maps, legal records, records of local authorities and parish registers. It also gives comprehensive information on authorship and duration of copyright in older as well as modern works and on the wide range of exceptions and limitations to copyright, particularly those relevant to archivists, records managers, librarians and curators. It offers advice on rights in the electronic environment, moral rights and rights in databases and contains extensive tables of duration of copyright in other countries.The sixth edition of this respected work has been extensively revised and updated, in particular by:revision of the commentaries on the nature of originality in literary, dramatic, musical and artistic works and of a substantial part of a copyright workupdating of the explanation of how a work of overseas origin qualifies for copyright protection in the UK, to reflect changes to the legislationrevision of the commentaries on publication, issue of copies to the public and communication to the publicmore explanation of the exceptions for quotation, text and data mining, disability, rental and lending, education, broadcasts, access to digital material on the premises and the publication of older unpublished worksupdating of the charts for the duration of copyright where countries have amended their legislationReadership: This book will be useful reading for all archivists and records managers; LIS professionals in libraries, museums and galleries; students, researchers and genealogists.