#Artistic licence law series
#Artistic licence law free

In the case of a literary, dramatic, musical, or artistic work bearing a name, the named person.In certain cases, the law presumes that a particular person is the author of a work. Exceptions include where the work was created in the course of employment, or where the author is an officer or servant of the Crown. Unless an exception applies, the creator of a work is presumed to be the first owner of any copyright therein. Neither of the Acts of 19 made provision for broadcasts by cable, as they had not been defined and protected as either 'works' or 'broadcasts' of either Act.

Broadcasts by cable prior to 1 January 1985 are not protected at all either. The 1911 Act made no provision for them, as broadcasting had not been invented when the Act was passed. Wireless (radio) broadcasts prior to 1 June 1957 are not protected at all.

#Artistic licence law series

They are however protected under the 1911 Act as dramatic works and as a series of photographs. Copyright of the sheet music being played on the sound recordingĬinema films made before 1 June 1957, the date on which the Copyright Act 1956 came into force, are not protected as film.For example, if a musician were to release an album the following copyrights might subsist in respect of that item: It is possible for more than one copyright to subsist in respect of a single item. Typographical arrangements of published editions.The second sub-class of works in which copyright subsist are often known as neighbouring or entrepreneurial works: It is immaterial whether this was done without the author's permission. Three of these works are also subject to a fixation requirement: a literary, dramatic, or musical work must be recorded. This is traditionally seen as requiring that the author exercised skill, labour, and judgment in its production. Original literary works (for the purposes of UK law, this includes software) įor copyright to subsist in these works, the work itself must be 'original'.Works in the first sub-class are known as authorial works: The works in which copyright can subsist are typically divided into two sub-classes. It is a fundamental principle of copyright law that copyright subsists in the expression of an idea, not in an idea itself. The eight classes of subject matter are listed in section 1 (1) of the 1988 Act. As the law currently stands, the United Kingdom has a closed-list system: copyright only subsists in the certain enumerated subject matter. Remedies: What is the appropriate remedy for the infringement?Ĭopyright arises automatically, without the need for registration.Defences: Does the defendant have a defence?.

Secondary infringement: Has the defendant committed an act amounting to secondary infringement for example, possessed or sold an infringing article in the course of business?.

Primary infringement: Has the defendant committed (or authorised another to commit) a 'restricted act' without the consent of the owner?.

Infringement: Has there been primary or secondary infringement?.

Incidents of ownership: What rights flow from ownership? What is the term of the owner's monopoly?.

Ownership: Is the claimant the owner of the copyright? If so, is the claimant a sole or joint owner?.

Subsistence: Does copyright subsist in the proposed subject matter?.

Framework Ĭopyright claims typically require consideration of the following issues: Amendments have been made to it, mostly originating from the Copyright law of the European Union, and the laws have been interpreted by case law. For Britain and Northern Ireland, the protections are now governed by the Copyright, Designs and Patents Act 1988, which came into force on 1 August 1989, apart from some of its minor provisions. The Copyright Act 1956 extended protection to film. The Copyright Act 1911 codified the state of copyright law for the United Kingdom of Great Britain and Ireland and the rest of the British Empire. Over the years, additional acts and case law steadily refined the definitions of what could be protected, including derivative works, and the degree of protection given.

This Act prescribed a copyright term of fourteen years, and let the author renew for another fourteen years, after which the work went into the public domain. The modern concept of copyright originated in Great Britain, in the year 1710, with the Statute of Anne.

#Artistic licence law free

Parliament failed to renew the Act in 1694, primarily to remove monopoly and encourage a free press. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers.