An Introduction

to Copyright

© James Carney 2012

and how to avoid falling foul of it

1. Terminology and background

2. The basic legal framework

3. Types of copyright

4. Top 10 copyright myths

What we’ll cover today:

Does copyright really matter?

Ask the following people...

Some definitions...

intellectualproperty?

Intellectual property (or IP) =

Any creative work which can be treated as an asset or physical property.

Trademarks® or ™

4 types of IP rights:

or ™Patents

4 types of IP rights:

® or ™Designrights

4 types of IP rights:

or ™PatentsCopyright

4 types of IP rights:

Copyright

“a collection of rights in certain creative works, granted exclusively to the copyright owner to allow them to control and profit from how their work is used”

© ℗Copyright Phonographic

Copyright

Identifed by

In the UK, copyright is governed by the Copyright, Designs and Patent Act 1988

The UK is also a signatory to the Berne Convention for the Protection of Literary and Artistic Works 1886

Copyright is automatic

Copyright is international

Copyright is vested in the the author of the work (the First Owner) unless done as an employee or assigned under the terms of a commission

Key points

Copyright applies to

Literaryworks

Dramaticworks

Musicalworks

Artisticworks

Typearrangementsof published

works

Soundrecordings

Films

Copyright lasts for

Literaryworks

Dramaticworks

Musicalworks

Artisticworks

Typearrangementsof published

works

Soundrecordings

Films

70 years

70 years

70 years

70 years

25 years

70 years

70 years

Copyright lasts for

CrownCopyright

125 years

50 years

ParliamentaryCopyright

While copyright lasts you can’t

Copy, rent, lend or issue copies of the work to the public

Perform, broadcast or show the work in public

Adapt the work

Infringe the author’s moral rights

You may use the work of others if

Copyright has expired

Your use of the work is covered by ‘fair dealing’

You have licensed the work from an acknowledged scheme

The copyright holder has granted you permission

Fair use

Research and private study

Instruction or examination

Criticism or review

News reporting

Incidental inclusion

Accessibility for visual impairment

Licensing schemes

Copyright Licensing Agency(CLA)

Design and Artists Copyright Society (DACS)

Educational Recording Agency

Performing Right Society for Music / Public Performance Licence

Creative Commons (CC)

“The judgement should be studied by anyone imitating an existing photograph or commissioning a photograph based on a similar photograph. ‘Inspiration’ and ‘reference’ are fine in themselves, but there is a line between copying ideas and copying the original expression of ideas which is often a difficult one to draw.”

Top 10Copyright Myths

Myth 1Anything without a

© symbol isn’t protected

Myth 2It wasn’t originally published

in the UK so UK copyrightlaw doesn’t apply

Myth 3It’s ok to use copyright material

if I don’t make money from it

Myth 4

I can’t find who owns the copyright so it’ll be ok to use

it in the meantime

Myth 5

I’ve got permission to use it on the web so it’ll probably be ok

to use in in print as well

Myth 6I can copy up to 10% without

infringing copyright

Myth 7

We can embed that YouTube video even if it has a Beatles

soundtrack

Myth 8It’s hard to prove copyright

infringement

Myth 9

If it’s on the web, it must be in the public domain

Myth 10No one will

ever find out

Thank you!