Copyright : CDPA 1988.3  Act copyrights

 

The history of copyright starts with early privileges and monopolies granted to printers of books. The earliest recorded historical case-law on the right to copy comes from ancient Ireland. Initially, copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were inclusive in subject to copyright. Copyright now covers a wide range of works, including maps, photographs, music, computer programs etc.

Concept of copyright

copyright and copyright works.

(1)Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(a)original literary, dramatic, musical or artistic works,

(b)sound recordings, films or broadcasts, and

(c)the typographical arrangement of published editions.

(2)In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

(3)Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).

Rights subsisting in copyright works.

(1)The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II . This is because the acts restriction by the copyright in a work of that description.

(2)In relation to certain descriptions of copyright work the following rights confer by Chapter IV (moral rights) subsist in favor of the author. The director or commissioner of the work, whether or not he is the owner of the copyright—

(a)section 77 (right to be identified as author or director),

(b)section 80 (right to object to derogatory treatment of work), and

(c)section 85 (right to privacy of certain photographs and films).

Authorship of work.

(1)In this Part “author”, in relation to a work, means the person who creates it.

(2)That person shall be taken to be—

( aa )in the case of a sound recording, the producer;

( ab )in the case of a film, the producer and the principal director;

(b)in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;

(c)in the case of the typographical arrangement of a published edition, the publisher.

(3)In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

(4)For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

(5)For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once  it shall not subsequently regard as unknown.

Duration of copyright in literary, dramatic, musical or artistic works.

(1)The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.

(3)If the work is of unknown authorship, copyright expires—

(a)at the end of the period of 70 years from the end of the calendar year in which the work was made, or

(b)if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,

subject as follows.

(4)Subsection (2) applies if the identity of the author becomes known before the end of the period specific in paragraph (a) or (b) of subsection (3).

(5)For the purposes of subsection (3) making available to the public includes—

(a)the following is in the case of a literary, dramatic or musical work —

(i)performance in public, or

(ii)communication to the public;

(b)the following is in the case of an artistic work—

(i)exhibition in public,

(ii)a film including the work being shown in public, or

(iii)communication to the public;

(6)Where the country of origin of the work is not an EEA state. As a result, the author of the work is not a national of an EEA state. Hence the duration of copyright is that to which  entitlement work in the country of origin. That is, it should not exceed the period which would apply under subsections (2) to (5).

(7)If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year.

(8)The provisions of this section are in adaption  in relation to a work of joint authorship or a work of co-authorship

(9)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 ) or to copyright which subsists by virtue of section 168 (copyright of certain international organizations).

 

CDPA 1988.3  Act copyrights

Importantly, to ensure accurate metadata management use CDPA 1988.3  Act copyrights. Additionally,  the UK collecting societies for the rights holders join together. That is ,to determine the IP and recordings they should register with. Also how to obtain ISRC and ISWC codes for the master and publishing rights.

Additional Files

order now with paypal
Powered by WordPress