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Copyright questions from concerned people..... |
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Literary
Copyright
Infringement |
1. Copyright law -Can more than one person own the rights to a work?
Is there a maximum number?
Yes they can, no I don’t think there is a limit.
4. If Copyright exists in law, is registering a better
way of protecting the work than using a solicitor or government body? - Why?
There is no government body for the UK which registers copyright. Solicitors would be
perfectly acceptable, but it’s a bit like getting a dentist to fix your car, I’d
rather choose a specialist in copyright registration.
5. What does Copyright law stipulate?
Briefly,
Copyright originated in the UK from a concept of common law, with the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911, the current act is the Copyright, Designs and Patent Act 1988.
UK Copyright automatically arises when a British individual or company creates a work.
A work is subject to copyright if it is regarded as original, the interpretation of this is related to the independent creation rather than the idea behind the creation, and the work must exhibit a degree of labour, skill or judgement.
Copyright interpretation is related to the independent creation rather than the idea behind the creation which is where patents come into play.
For example names, titles, colours etc cannot be copyrighted, however a creation combining these elements can be.
Copyright protects the creator of a work from having it published, copied or broadcasted in any way unless s/he has given permission.
Only the owner of copyright, or his exclusive licensee can bring proceedings in the courts against an infringement.
If a work is produced as part of your employment or under contract to a third party (i.e. freelance work), then the copyright belongs to the person/company who hired you, unless you have an agreement to the contrary.
Duration varies as follows
Published editions-25 years
Cable programs, sound recordings and broadcasts-Normally 50 years
Musical, artistic, literary and dramatic works-70 years after the death of the
last surviving author. (Computer programs are classed as literary work)
7. If in a joint ownership, one of the owners passes
away, does their ownership simply
a. become void,
b. does their name simply remain until the end of that period or
c. can they leave the rights to a family member or friend?
Copyright will exist after the owners death, for musical, artistic, literary
and dramatic works this is 70 years after the death of the last surviving
author.
8. If there is a single owner and they pass away, can a
family member be left the rights to the work(s) in the will of the deceased?
Yes normally copyright will be passed on in the deceased's estate
10. The Law in other countries is different from our
own. If a UK citizen is in conflict in another country for a work, would
the protection offered by UK law still stand?
It would depend on the laws of the country, most countries have signed up to
the Berne Convention and have similar laws, but check with a solicitor who
specialises in foreign law.