4. Criteria for protection

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Copyright Protection ◽  
Sound Recordings ◽  
Original Works ◽  
The Common ◽  
Artistic Works ◽  
European Standards ◽  
The Uk ◽  
Material Form

This chapter examines the criteria used to determine whether a work is to be protected by copyright. More specifically, it considers the requirements for copyright protection: the work must be recorded in a material form; must be ‘original’; should be sufficiently connected to the UK to qualify for protection under UK law; and should not be excluded from protection on public policy grounds. The originality requirement applies to literary, dramatic, musical, and artistic works (authorial works), not to entrepreneurial works (sound recordings, films, broadcasts, and typographical arrangements). The common characteristics of originality are also discussed, along with British conception of originality, harmonization of ‘originality’ in Europe, differences between British and European standards on originality, and the issue of whether the UK can-and does-protect non-original works. The chapter concludes by focusing on subject matter excluded from copyright protection.

7. Duration of copyright

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Protection ◽  
General Rule ◽  
Moral Rights ◽  
Sound Recordings ◽  
Artistic Works ◽  
The Uk ◽  
Duration Of Protection ◽  
The Eu

This chapter examines the debate over the question of the appropriate period of protection that ought to be granted to copyright works, with emphasis on literary, dramatic, musical, and artistic works as well as films and entrepreneurial works (sound recordings, broadcasts, and typographical arrangements of published editions). It begins by considering the provisions of the EU Term Directive with regards to the duration of protection for such works and then discusses a number of exceptions to the general rule that the duration of copyright works is life plus 70 years. It also analyses moral rights of integrity and attribution in the UK in relation to copyright, as well as the so-called publication right in works in which copyright has lapsed. The chapter concludes with an assessment of the optimal term of copyright protection.

12. The term of copyright

2019 ◽  
pp. 212-218
Author(s):  
Paul Torremans
Keyword(s):  
Copyright Protection ◽  
Basic Rule ◽  
Sound Recordings ◽  
Artistic Works ◽  
The Uk ◽  
The Eu

This chapter discusses the duration of copyright protection in the UK. The basic rule is that the term of copyright has been harmonized at life of the author plus 70 years in the EU. The basic rule applies to the original category of works (literary, dramatic, musical, and artistic works) and to films. Entrepreneurial works, such as sound recordings and broadcasts, receive 50 years of copyright protection. Performances fixated in a phonogram will in future be protected for 70 years. The term of protection for typographical arrangements is 25 years.

11. Qualification

2019 ◽  
pp. 208-211
Author(s):  
Paul Torremans
Keyword(s):  
Member State ◽  
Copyright Protection ◽  
Trips Agreement ◽  
Personal Relationship ◽  
Berne Convention ◽  
National Treatment ◽  
Artistic Works ◽  
The Uk ◽  
Principle Of National Treatment

This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.

3. Copyright 2: subject matter, first ownership, and term

2019 ◽  
pp. 51-114
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Subject Matter ◽  
Copyright Protection ◽  
Final Section ◽  
Sound Recordings ◽  
The Subject ◽  
Joint Authorship

This chapter first examines the subject matter in which copyright subsists and the criteria for copyright protection as set out in the Copyright, Designs, and Patents Act 1988 (CDPA 1988). This centres on the concept of the ‘protected work’ and makes use of a distinction between what are sometimes known as ‘author works’ (literary, dramatic, musical, artistic, and film works) and ‘media works’ (typographical arrangements, sound recordings, broadcasts, and adaptations). It then considers the identification of the first owner of copyright when it comes into existence. It discusses the concept of joint authorship and ownership of copyright works when created in the course of employment. The final section discusses the duration of copyright.

2. Subsistence of copyright

2019 ◽  
pp. 29-59
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Copyright Protection ◽  
Property Right ◽  
Sound Recordings ◽  
Artistic Works

This chapter examines the subsistence of copyright. Subsistence is a central requirement for copyright protection — unless it is established that copyright subsists in one's work, one cannot make a viable claim that someone else has used one's work without permission. Section 1 of the Copyright, Designs and Patents Act 1988 (CDPA) declares that copyright is a property right which subsists in an exhaustive, or closed, list of eight different categories of ‘work’: original literary, dramatic, musical, or artistic works; sound recordings, films, or broadcasts; and the typographical arrangement of published editions. Originality is the paramount criterion of copyright protection. For this reason, there are a great many cases that consider how to define the level of originality required for a piece of literature, drama, music, or art to be protected.

26. Subject matter: The requirement that there be a design

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
European Union ◽  
Subject Matter ◽  
Community Design ◽  
The European Union ◽  
Broad Definition ◽  
Technical Function ◽  
Definition Of ◽  
The Uk

This chapter considers the requirements for a design to be protected, with particular reference to the requirement that there be a design. It begins by outlining the requirements for validity that are set out in Article 25(1) of the Community Design Regulation before turning to the definition of ‘design’ with respect to registered designs in the UK and the European Union as well as unregistered Community designs, citing three key elements of this definition: appearance, features, and product. It also examines three types of design that are excluded from the very broad definition of design: designs dictated solely by technical function; designs for products that must be produced in a specific way to enable them to connect to another product; and designs that are contrary to morality or public policy.

29. Copyright protection for designs

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Protection ◽  
Copyright Law ◽  
Artistic Works ◽  
The Uk ◽  
Design Protection

This chapter deals with the conditions under which copyright law might protect designs as well as the limitations on the term of design protection. It first considers the subsistence of copyright in designs via two routes: either directly, by protecting the form and decoration of articles as artistic works (particularly sculptures, engravings, or works of artistic craftsmanship), or indirectly, by protecting the author of a preliminary document on which a design is based. It then discusses section 52 of the UK Copyright, Designs and Patents Act 1988, which limited the term of protection of copyright for mass-produced designs to twenty-five years, and its demise.

The Common Law in Australia: Its Nature and Constitutional Significance

2004 ◽  
Vol 32 (3) ◽  
pp. 337-355 ◽  
Author(s):  
Leslie Zines
Keyword(s):  
Public Policy ◽  
Common Law ◽  
Public Law ◽  
Federal Law ◽  
Contemporary Debate ◽  
Policy Paper ◽  
Law And Policy ◽  
National University ◽  
The Subject ◽  
The Common

This article originally was published as a Law and Policy Paper. The Law and Policy Papers series was established in 1994 by the Centre for International and Public Law in the Faculty of Law, the Australian National University. The series publishes papers contributing to understanding and discussion on matters relating to law and public policy, especially those that are the subject of contemporary debate. In 1999 the papers were published jointly by the Centre for International and Public Law and The Federation Press. This article is reproduced in the Federal Law Review with the permission of the original publishers.

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