DO I ALWAYS NEED PERMISSION TO COPY

OR PUBLICLY EXPLOIT COPYRIGHT MATERIAL?

No, there are certain exceptions to the rights given to the

creator of the material. For example, limited use of works is

allowed for research and private study, criticism or review,

reporting current events, judicial proceedings and teaching in

schools.

HOW DO I GET PERMISSION TO EXPLOIT

COPYRIGHT MATERIAL?

Normally by approaching the copyright owner, but there are

several organisations which act collectively for groups of

copyright owners in respect of particular rights; they may offer

‘blanket’ licences to users. Further information is available

from the sources given at the end of this leaflet.

DO I HAVE TO MARK MY WORK IN ANY WAY

TO CLAIM COPYRIGHT?

Although some countries require that a work be marked with

the international © mark followed by the name of the

copyright owner and year of publication, this is not essential in

the UK. However, marking in this way may assist in

infringement proceedings within the UK and will be needed in

certain foreign countries.

HOW CAN I PROVE ORIGINALITY IN MY WORK?

Ultimately this is a matter for the courts to decide. However, it

may help a copyright owner to deposit a copy of his work with

a bank or solicitor or send a copy of his work to himself by

registered post, leaving the envelope unopened on its return;

this will establish that the work existed at this time.

WHO OWNS COPYRIGHT?

The general rule is that the author is the first owner of

copyright in a literary, dramatic, musical or artistic work. The

main exception is where such work is made in the course of

employment, in which case the employer owns the copyright.

The copyright in films, sound recordings, broadcasts and

published editions belongs to the film or record producer,

broadcaster or publisher.

WHAT CAN I DO IF MY WORK IS USED

WITHOUT MY PERMISSION?

Although you are not obliged to do so, it will usually be

sensible to try to resolve the matter with the party who has

infringed your copyright. Otherwise you will need to seek

redress in the Courts where injunctions and damages are

available. Legal advice may be needed.

ARE NAMES PROTECTED BY COPYRIGHT?

No. There is no copyright in a name or a title.

ARE IDEAS PROTECTED BY COPYRIGHT?

No. Although the work itself may be protected, the idea behind

it is not.

WILL MY MATERIAL BE PROTECTED OVERSEAS?

Usually, but not invariably. The UK is a member of several

international conventions in this field, notably the Berne

Convention for the Protection of Literary and Artistic Works and

the Universal Copyright Convention (UCC). Copyright material

created by UK nationals or residents is protected in each

member country of the conventions by the national law of that

country. Most countries belong to at least one of the

conventions including all of the Western European countries,

the USA and Russia. A full list of the Conventions and their

member countries may be obtained from the DTI.

Exercises

Part 1

• WHAT IS COPYRIGHT?

· WHAT KIND OF MATERIAL DOES COPYRIGHT PROTECT?

• WHAT ABOUT COMPUTER PROGRAMS AND MATERIAL STORED IN COMPUTERS?

Date: 2015-12-24; view: 766